Unilateral acts and peremptory norms (Jus Cogens) in the international law commission’s work

Ibrahim Sief Abdel Hameed Menshawy

Review of Economics and Political Science, 2019, vol. 4, issue 3, 182-196

Abstract: Purpose - This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on unilateral acts. Design/methodology/approach - The study depended on analyzing the work of the International Law Commission on two topics: Unilateral Acts 2006 and Reservations to treaties 2011 to reveal the relation betweenjus cogensand unilateral acts. Findings - Jus cogensrestrict unilateral acts like treaties due to the recognition of the importance and necessity of the concept ofJus cogensin protecting the fundamental interests of the international community. Practical implications - States must be compatible withjus cogenswhen making any reservation on a treaty and also when taking any unilateral act. Originality/value - This paper reveals the importance ofjus cogensin promoting the values of the international community and the need of such notion to protect the common interest of that community.

Keywords: Jus Cogens; Peremptory norms; Reservations to treaties; Unilateral acts; Unilateral declaration (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:eme:repspp:reps-11-2018-0030

DOI: 10.1108/REPS-11-2018-0030

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