Exemples d'utilisation de Peremptory character en Anglais et leurs traductions en Français
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The peremptory character of certain human rights norms must be protected.
The endless negation of death has no more the peremptory character of a limit or cessation than the celebration of the absent.
Subparagraph 1(d) should become 1(e),as the core of obligations in the field of diplomatic/consular intercourse is of a peremptory character. Mexico.
There was general agreement among governments as to the peremptory character of these prohibitions at the Vienna Conference.
While there was no hierarchy as such between sources of international law,general international law recognized that certain norms have a peremptory character.
In such cases the peremptory character of the norm extends, as it were, backwards in time, at least to the extent that it reverses the earlier characterization of the conduct as wrongful.
But in such cases, the temporary suspension of the obligation to perform surely follows from the peremptory character of the norm that would otherwise be violated.
Questions of the gravity of the breach and the peremptory character of the obligation breached can affect the consequences which arise for the responsible State and, in certain cases, for other States also.
The jurisprudence of the International Criminal Tribunals has also contributed to the identification of certain human rights as part of customary law or as norms of peremptory character.
Agreement to dispense with responsibility for genocide ortorture seems just as inconsistent with the peremptory character of the relevant norm as would be consent to dispense with the underlying obligation.
They were, or would have been, connected with the unlawful use of force or other egregious violations of norms of general international law,in particular those of a peremptory character jus cogens.
The Commission has recognized that the peremptory character of a rule of customary international law also affects the operation of certain secondary rules relating to the responsibility for internationally wrongful acts.
The reference to& 147;other& 148; obligations under peremptory norms makes it clear that subparagraph(d) does not qualify the preceding subparagraphs,some of which also encompass norms of a peremptory character.
The Special Rapporteur thus agrees with Fitzmaurice and Rosenne that, once the peremptory character of a norm of jus cogens is clearly recognized, that norm must prevail over any other international obligation not having the same status.
The extensive commentary to article 50 begins by noting the overlap between subparagraph(e) and subparagraphs(a) and(d),which are justified because of the need to avoid arguments about the peremptory character of these particular norms.
The International Law Commission had underscored the peremptory character of the right to self-determination and the responsibility of all States to cooperate to bring to an end any serious breach of such a peremptory norm.
The insertion of the words& 147;of States& 148; in article 53 of the Vienna Convention was intended to stress the paramountcy that States have over the making of international law,including especially the establishment of norms of a peremptory character.
There is no question that certain rules which seek to protect human rights are of a peremptory character; the International Court of Justice in fact provided two such examples in the commentary to draft article 50(which became article 53 of the 1969 Convention) in its 1966 report: the prohibition of genocide and of slavery. Yearbook… 1966, vol.
Fourth, adoption by the International Law Commission of the Draft Articles on State Responsibility for Internationally Wrongful Acts contributed to defining States' obligations stemming from customary international law and norms of peremptory character.
The peremptory character of all the constitutional norms- previously stated- concerning fundamental rights and the duty of the authorities to protect them is based upon the embodiment of the principle of constitutional supremacy, which prescribes subordination of the action of state organs to the Constitution and the relevant norms established:"The precepts of this Constitution are binding both upon the heads or members of the said organs and on all persons, institutions or groups.
It has been established that acts of military force committed against Azerbaijan amount to war crimes, crimes against humanity and other egregious violations of the norms of general international law,in particular those of a peremptory character jus cogens.
Absolving Contracting States completely from their Convention responsibility in the areas covered by such a transfer would be incompatible with the purpose and object of the Convention; the guarantees of the Convention could be limited orexcluded at will, thereby depriving it of its peremptory character and undermining the practical and effective nature of its safeguards.
As is well known, in its advisory opinion of 22 July 2010, the International Court of Justice confirmed the illegality of unilateral secession which is connected with the unlawful use of force or other egregious violations of norms of international law,in particular those of a peremptory character jus cogens.
Likewise, the International Law Commission has put strong emphasis on international human rights and international humanitarian law rules to define some of the rules applicable in the context of State responsibility,in particular to define those obligations flowing from customary international law and norms of peremptory character.
In its advisory opinion of 22 July 2010, the International Court of Justice reaffirmed that the illegality attached to unilateral secessions stems from the fact that"they were, or would have been, connected with the unlawful use of force or other egregious violations of norms of general international law,in particular those of a peremptory character jus cogens.
Not all erga omnes obligations have the character of peremptory rules of international law.
Accordingly, provisions in the Covenant that represent customary international law(and a fortiori when they have the character of peremptory norms) may not be the subject of reservations.
Paragraph 8 states that"provisions in the Covenant that represent customary international law(and a fortiori when they have the character of peremptory norms) may not be the subject of reservations.
See also, EXECUTIVE COMMITTEE CONCLUSION NO. 25(XXXIII) GENERAL(1982), para.(b), reaffirming"the importance of the basic principles of international protection andin particular the principle of non-refoulement which was progressively acquiring the character of a peremptory rule of international law.