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IL SOURCES: OTHER SOURCES; JUS COGENS/ERGA OMNES; RELATIONS BETWEEN…
IL SOURCES: OTHER SOURCES; JUS COGENS/ERGA OMNES; RELATIONS BETWEEN SOURCES
General principles of law
"recognised by civilized nations"
complementary function with other sources of IL
principles that are common to most domestuc legal orders
large use, especially in the law of treaties and under international criminal law
Acts provided by treaties
acts of IOs(most common)
RECOMMENDATIONS
addressed to member states
not bidning
Jus cogens
peremptory norms
insisting on immediate attention or obedience
not open to appeal or challenge; final
norms considered as jus cogens
prohibition of aggression genocide, torture, slavery, racial discrimination
right to self-determination
human rights
jus cogens and treaties
if a treaty is in conflict with jus cogens..
a ground of invalidity(art.53 VCLT): voidness of treaty
a ground for termination(art.64 VCLT)
jus cogens and other customary norms
contrast makes the customary norm inapplicabke
Erga omnes rules
specific category of (customary) norms
they aim to protect the most relevant interests of the whole IC
relevant when it comes to State responsibility
this category mainly pertains to international protection of individual rights, rights of people and collective security
Relations between sources
jus cogens and erga omnes rules
main difference
jus cogens pertains to normative value
erga omnes indicates a structural value
erga omnes is wifer than jus cogens: all jus cogens are erga omnes but not all erga omnes are jus cogens
customs and treatues
treaties have specific subjective scope(they bound only the contractual parties)
customary norms are flexible and therefore may be derogable
customs are of general application(they bound all IL subjects)
in case of contrast, a treaty prevails over customs(by virtue of the lex specialis principle)