Примеры использования Rules of jus cogens на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
The effects of reservations to provisions reproducing rules of jus cogens.
The problem of reservations to rules of jus cogens also merited further study.
However, substantive limits could also flow from rules of jus cogens.
Other rules of jus cogens, including human rights rules, were not subject to derogation in the case of countermeasures.
However, non-derogable provisions and rules of jus cogens were not necessarily identical.
However, the list should include an express reference to treaties codifying rules of jus cogens.
Rwanda and Uganda have an obligation to observe the rules of jus cogens or the peremptory norms of public international law.
Under existing international law, two possible categories are obligations erga omnes, and rules of jus cogens.
Moreover, other rules of jus cogens involving basic human rights rules were not subject to derogation in the case of countermeasures.
Disagreement was expressed with the Special Rapporteur's preference not to include treaties codifying rules of jus cogens.
His delegation supported the inclusion of treaties codifying rules of jus cogens, as well as those encompassing erga omnes obligations, in draft article 7.
His delegation reiterated that the list should include an express reference to treaties codifying rules of jus cogens.
Clearly, to the extent that non-derogable provisions relate to rules of jus cogens, the reasoning applicable to the latter applies also to the former.
Firstly, it was not certain that the drafting committee would approve the guideline which would consider reservations that were incompatible with the rules of jus cogens to be non-valid.
The importance of the rules of jus cogens was confirmed by the trend to apply it beyond the law of the treaties, in particular, in the law of state responsibility.
It also agreed that jus cogens should not be dealt with in detail under the topic, since rules of jus cogens and rules of customary international law were not necessarily the same.
It is one of the rules of jus cogens and thus one of the rights that, according to several human rights instruments, including the International Covenant on Civil and Political Rights, are non-derogable.
Certain States have argued for a more comprehensive list; others have suggested the inclusion of additional categories:treaties embodying rules of jus cogens and treaties relating to international criminal justice.
Will survive in time of armed conflict, as will rules of jus cogens that are not embodied in treaty provisions; otherwise they would not be rules of jus cogens. .
As to the different categories of treaties listed in the annex, the Special Rapporteur has no wish to make any changes except,possibly, to add treaties embodying rules of jus cogens.
To attempt to define a crime according to the rules of jus cogens, on which the best minds could not agree as to its nature, content or even existence, was a risky undertaking.
Within this framework, in addition to the human rights treaties,the case-law of the International Court of Justice, the precedents established within the ILO context for the implementation of international labour conventions, and the rules of jus cogens are of fundamental importance.
It was also proposed that provision should be made for other rules of jus cogens involving basic human rights rules, which were not subject to derogation in the case of countermeasures.
These aspects relate to the binding nature and characteristics of the rules of customary international law-- including regional rules,rules establishing erga omnes obligations and rules of jus cogens-- as well as to the relationship of customary international law with treaties and"general international law.
With regard to treaties embodying rules of jus cogens, such rules will survive in time of armed conflict, as will rules of jus cogens that are not embodied in treaty provisions; otherwise they would not be rules of jus cogens. .
Her delegation supported the Special Rapporteur's decision not to deal with the issue of rules of jus cogens for pragmatic reasons, as such rules presented their own set of unique problems that fell outside the scope of the topic.
It points out that if"crimes" consist of breaches of peremptory rules of jus cogens, the secondary rules applicable to them"must also be peremptory in nature, with no possibility of derogating from them by means of an agreement inter partes.
The list of categories would be even more useful if it were extended to include treaties codifying rules of jus cogens and treaties delineating land and maritime boundaries, which, by their nature, also belonged to the category of permanent regimes.
It was further suggested that the list include treaties codifying rules of jus cogens and treaties and agreements delineating land and maritime boundaries which by their nature also belong to the category of permanent regimes.
However, Riphagen indirectly referred to that issue in the course of the debate on article 34,stating in particular that“the rules of jus cogens relating to the protection of human rights in armed conflicts remained valid even in the relationship with an aggressor State” Yearbook… 1980, vol. One, p.