peremptory norms in international law; development or revolution of sources of international law (a comparative analysis of national legal systems)

نویسندگان

سید فضل الله موسوی

استاد دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران حسین خلف رضایی

دانش آموختۀ دکتری حقوق بین الملل دانشگاه تهران

چکیده

contemporary international law introduces a notion of peremptory norms comparable to hierarchy of norms in national legal system. a jus cogens is a norm of international law considered so fundamental that it overrides all other sources of international law. a rule of jus cogens has a specific process of emergence that will be essentially different from other sources of international law which reflected in article 38(1) of icj statute. unfortunately, there is not a precise definition of jus cogens norms. the vagueness of the definition and thereby its instances is one problematic issue that harden realization of ideals of the international community.

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