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CONSIDERATIONS REGARDING SOME IDENTIFICATION CRITERIA OF PEREMPTORY NORMS IN INTERNATIONAL LAW.

Authors :
MOŢĂŢĂIANU, Ştefan
Source :
Annals of 'Constantin Brancusi' University of Targu-Jiu. Juridical Science Series; 2013, Issue 4, p59-64, 6p
Publication Year :
2013

Abstract

The Internationalist doctrine reserved an ample space to debate the identification criteria of peremptory norms - jus cogens-considering as insufficient the criteria stated in article 53 of the 1969 Vienna Convention regarding treaty law, more specific the status of these norms in International General Law, and also the no derogation quality in relation to these norms whose regulations stated in particular treaties will consequently be drastically sanctioned as invalid. This is why it is considered that the main principle of identification is internationalist practice of the States , the only one capable to agist in international relations and in the international law hierarchy the imperative nature of some of these norms in this law branch. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
18447015
Issue :
4
Database :
Supplemental Index
Journal :
Annals of 'Constantin Brancusi' University of Targu-Jiu. Juridical Science Series
Publication Type :
Academic Journal
Accession number :
99414528