出版社:Escola de Direito de São Paulo da Fundação Getulio Vargas
摘要:THE EXISTENCE OF JUS COGENS, PEREMPTORY NORMS OF INTERNATIONAL LAW, IS WIDELY ACCEPTED TODAY EVEN THOUGH IT IS STILL A CATEGORY SURROUNDED BY UNCERTAINTIES. ALTHOUGH IT HAS RECEIVED A DEFINITION AND A LEGAL REGIME IN THE VIENNA CONVENTION ON THE LAW OF TREATIES ITS CONCEPT, ITS CONTENT AND ITS LEGAL EFFECTS REMAIN UNCERTAIN. THE STUDY OF JUS COGENS AND ITS UNDERSTANDING SHOW THE NEED FOR AN ANALYSIS OF IT RELATIONSHIP TO THE IDEA OF NORMATIVE HIERARCHY IN INTERNATIONAL LAW, AND TO THE ELEMENTS OF PROXIMITY AND DIFFERENTIATION WITH OTHER CATEGORIES: GENERAL INTERNATIONAL LAW, ERGA OMNES OBLIGATIONS, INTERNATIONAL CRIMES. THE DOUBTS THAT ARISE FROM THIS STUDY MUST UNDERLIE ALL REFLECTION ON THE CONCEPT AND ITS CONTRIBUTION TO INTERNATIONAL LAW.
其他摘要:THE EXISTENCE OF JUS COGENS, PEREMPTORY NORMS OF INTERNATIONAL LAW, IS WIDELY ACCEPTED TODAY EVEN THOUGH IT IS STILL A CATEGORY SURROUNDED BY UNCERTAINTIES. ALTHOUGH IT HAS RECEIVED A DEFINITION AND A LEGAL REGIME IN THE VIENNA CONVENTION ON THE LAW OF TREATIES ITS CONCEPT, ITS CONTENT AND ITS LEGAL EFFECTS REMAIN UNCERTAIN. THE STUDY OF JUS COGENS AND ITS UNDERSTANDING SHOW THE NEED FOR AN ANALYSIS OF IT RELATIONSHIP TO THE IDEA OF NORMATIVE HIERARCHY IN INTERNATIONAL LAW, AND TO THE ELEMENTS OF PROXIMITY AND DIFFERENTIATION WITH OTHER CATEGORIES: GENERAL INTERNATIONAL LAW, ERGA OMNES OBLIGATIONS, INTERNATIONAL CRIMES. THE DOUBTS THAT ARISE FROM THIS STUDY MUST UNDERLIE ALL REFLECTION ON THE CONCEPT AND ITS CONTRIBUTION TO INTERNATIONAL LAW.
关键词:JUS COGENS;INTERNATIONAL LAW;NORMATIVE HIERARCHY;PEREMPTORY NORMS;ORDRE PUBLIC INTERNATIONAL;ERGA OMNES;INTERNATIONAL CRIMES;JUS COGENS, DIREITO INTERNACIONAL;HIERARQUIA DE NORMAS;NORMAS IMPERATIVAS;ORDEM PÚBLICA INTERNACIONAL;ERGA OMNES;CRIMES INTERNACIONAIS
其他关键词:JUS COGENS; INTERNATIONAL LAW; NORMATIVE HIERARCHY; PEREMPTORY NORMS; ORDRE PUBLIC INTERNATIONAL; ERGA OMNES; INTERNATIONAL CRIMES