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DECLARACIÓN UNIVERSAL DE DERECHOS HUMANOS, ¿NORMA DE IUS COGENS?

Authors :
ACOSTA-LÓPEZ, JUANA INÉS
DUQUE-VALLEJO, ANA MARÍA
Source :
International Law. oct2008, Issue 12, p13-34. 22p.
Publication Year :
2008

Abstract

This paper addresses one of the major legal issues concerning the debate about the legal value of the Universal Declaration of Human Rights (UDHR): Is the UDHR ius cogens? The authors explain legal problems related to the concept of ius cogens in order to show that the Universal Declaration cannot be classified as an imperative rule of law, even though some of the prohibitions that are implied in the UDHR have this nature. The authors present the dangers of the trivialization of the concept of ius cogens and the importance of preserving its essence as a rule that does not support repeal of any kind and under any circumstances. This paper rejects all interpretations that would unduly expand the content of the concept of ius cogens, which is contained in article 53 of the Vienna Convention. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
16928156
Issue :
12
Database :
Academic Search Index
Journal :
International Law
Publication Type :
Academic Journal
Accession number :
43484446