Abstract

The paper contains analysis of a specific concept of generally recognized and norms of international in comparison with the phenomenon designated by the term 'jus cogens' and common to the Western legal doctrine and case law. A special issue in the theoretical analysis thereof relates to a comparative law approach to the results of the past and present stages in examination of the same terms performed by the UN International Law Commission. The examination in question was affected within the framework of codification of the law of international treaties in the 60s of the twentieth century and the current specific work in respect of jus cogens. These two terms currently coexist in the international law doctrine and practice neighboring with others, i.e. the terms that are also included into the range of 'principles:' basic principles, of law, principles of general international law, etc., which requires appropriate allocation of meanings among them.

Highlights

  • The paper contains analysis of a specific concept of “generally recognized principles and norms of international law” in comparison with the phenomenon designated by the term ‘jus cogens’ and common to the Western legal doctrine and case law

  • A special issue in the theoretical analysis thereof relates to a comparative law approach to the results of the past and present stages in examination of the same terms performed by the UN International Law Commission

  • The examination in question was affected within the framework of codification of the law of international treaties in the 60s of the twentieth century and the current specific work in respect of jus cogens

Read more

Summary

Introduction

КОНСТИТУЦИЯ РФ И МЕЖДУНАРОДНОЕ ПРАВО: ТЕОРЕТИЧЕСКИЙ ВЗГЛЯД НА ПОНЯТИЯ «ОБЩЕПРИЗНАННЫЕ ПРИНЦИПЫ И НОРМЫ МЕЖДУНАРОДНОГО ПРАВА» И JUS COGENS1 Актуальные материалы КМП ООН свидетельствуют о том, что есть государства, настаивающие на иной формулировке темы — «императивные нормы международного права (jus cogens)», а другие против этого не возражают[3].

Results
Conclusion

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.