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| 1 |
ID:
188817
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| Summary/Abstract |
The 1969 Vienna Convention on the Law of Treaties is a fundamental treaty providing rights and obligations that states assume in the conclusion and implementation of treaties. Some of the provisions of the Convention, however, continue to divide the legal scholarship. One of them concerns the legal definition of jus cogens provided in Article 53 of the Vienna Convention on the Law of Treaties. The international community, particularly the International Law Commission, has exerted strenuous efforts for a long time to reach a consensus on jus cogens. Nevertheless, the legal definition of jus cogens is still open to varying interpretation among different countries and international publicists.
In this light, the article analyses the legal definition of jus cogens in three aspects. First, the connotation of the concept ‘peremptory norms of general international law’ is assessed in terms of particular, general and universal international law. Second, it analyses some problems arising in understanding the non-derogability from and modifiability of jus cogens. Finally, the article discusses some issues regarding ‘acceptance and recognition’ of jus cogens by the ‘international community of states as a whole’.
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| 2 |
ID:
158325
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| Summary/Abstract |
The concept of jus cogens or “peremptory norms” is not new to students and practitioners of international law, but the practical identification and application of jus cogens norms is not without its own set of disagreements and debate. The purpose of this paper is to identify some of the details of the development of the common understanding of jus cogens within international law, with particular emphasis on the Asian-African perspective, and to outline the work of the International Law Commission (ILC) on the topic since its inclusion on the ILC’s work programme in 2015.
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| 3 |
ID:
118236
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| Publication |
2012.
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| Summary/Abstract |
One of the most exciting innovations within 'practical democratic theory' in recent years has been the emergence of deliberative democracy, as a theoretically refined ideal with by now some well-honed mechanisms for its implementation on a small scale. Its greatest remaining challenge is to figure out some way to connect those highly controlled, small-scale deliberative exercises to the 'main game', politically. I sketch some limited and indirect ways in which that might happen in national politics, before going on to propose a more novel way in which such deliberative events might be used literally to make international law of a certain sort.
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