Примеры использования Norms of jus cogens на Английском языке и их переводы на Русский язык
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This is especially true when customary norms evolve into norms of jus cogens or erga omnes.
Norms of jus cogens were non-derogable and the effect of this operation was to produce the invalidity of the inferior norm. .
As indicated earlier,the Council's powers are subject to the UN Charter and norms of jus cogens.
These standards also form peremptory or overriding norms of jus cogens whose character is such that they cannot be derogated or set aside, even by agreement or treaty.
It is generally acknowledged that the Security Council's powers are subject to the UN Charter and norms of jus cogens.
Today there is general agreement that norms of jus cogens reflect the most fundamental values of the international community and are therefore most deserving of international protection.
The situation was different with reservations to provisions setting forth norms of jus cogens or nonderogable rules.
A related matter concerns the process through which norms of jus cogens are replaced by subsequent norms of jus cogens as defined in article 53 of the Vienna Convention.
In strict legal terms,this means that the Council's powers are exercised subject to the Charter and norms of jus cogens.
In particular, the study could provide useful guidelines for national courts on how to identify norms of jus cogens and how such norms interact with other rules of international law.
Overall, the ECFI upheld the primacy of the UN Security Council,although it did review whether the actions of the council were compatible with norms of jus cogens.
As regards the relationship between norms of jus cogens and obligations under Article 103, some Members highlighted its complex nature, while others stressed the absolute priority of the former over the latter.
Some members of the Study Group doubted that the principle of harmonization had a particular role to play in the relationship between norms of jus cogens and other norms. .
In regard to the complex relationship between obligations erga omnes and norms of jus cogens, it was observed that while all jus cogens obligations had an erga omnes character, the reverse was not necessarily true.
A study of those cases in which courts or tribunals found the existence of jus cogens could assist the Commission in identifying the mode of formation as well as criteria for identifying norms of jus cogens.
The doubts had been about the existence of any practical examples because,by reason of their operation, norms of jus cogens would eliminate the obligation itself rather than simply its consequences.
For the purposes of this report, two aspects of the judgment are particularly relevant:(1) the review exercised by the European Court, and(2)the court's qualification of some human rights as norms of jus cogens.
While hierarchy may solve conflicts of norms, it was acknowledged that conflicts between norms of jus cogens, obligations erga omnes, and obligations under Article 103 of the Charter could also emerge.
She also indicated that general or overarching principles must also be attentive to developments in customary international law, andstated that this is especially true when customary norms evolve into norms of jus cogens or erga omnes.
If, however, crimes were deemed to violate norms of jus cogens, then the obligation set out in article 53 was already part of primary law and did not need to be reiterated in the context of State responsibility.
The study of the nature of jus cogens could also permit the Commission to consider the type of norms that thus far have acquired the status of jus cogens in order to determine whether norms of jus cogens have common attributes.
Human rights standards which are part of customary international law and which constitute norms of jus cogens may be applied to condition the legality of population transfer and have the advantage of being binding upon all States.
The same applied to norms of jus cogens, although consent could sometimes be relevant in the application of such norms; for instance, consent to the use of armed force on the territory of the consenting State would normally be effective, even though the underlying norm of jus cogens continued to exist.
The Special Rapporteur believed that the provisions on State crimes as actually formulated detracted from the more important task of defining more systematically the consequences of different categories of obligation in the hierarchy of substantive norms in international law that were generally recognized,including obligations erga omnes and norms of jus cogens, norms which were non-derogable.
It was clearly understood that, while norms of jus cogens and obligations arising under Article 103 of the Charter addressed aspects of hierarchy, obligations erga omnes were more concerned with the scope of application of norms, rather than hierarchy.
As regards subparagraph(a), the view was expressed that if crimes were deemed to violate norms of jus cogens, then the obligation set out in article 53 was already part of primary rules and did not need to be reiterated in the context of State responsibility.
This includes not only how norms of jus cogens interact with other rules of international law, for example Chapter VII resolutions of the UN Security Council, but also the consequences of a violation of a jus cogens norm. .
It was also noted that norms of jus cogens, obligations erga omnes, and obligations under the Charter of the United Nations(Article 103 of the Charter) should be treated as three parallel and separate categories of norms and obligations, taking into account their sources, their substantive content, territorial scope, and practical application.
A rule conflicting with a norm of jus cogens becomes thereby ipso facto void;
The obligation to prevent andpunish the crime of genocide is considered part of international customary law and a norm of jus cogens.