Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Reconceptualizing the Debate on Jus Cogens and Obligations Erga Omnes - Concluding Observations

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

It was only natural to extend the doctrine of jus cogens to other legal fields. Regarding international treaties, the answer as to the specific effect of such rules was given by the Vienna Convention itself. Treaties conflicting with a rule of jus cogens are void. To come to this conclusion is a fairly easy intellectual operation, provided that one succeeds in identifying the rule of jus cogens said to apply to the controversial agreement at hand, and demonstrating its specific nature. If a clear distinction is made between primary rules protecting basic values of the international community and secondary rules governing the consequences of any breach of such rules, it also becomes easy to identify the common denominator establishing a link between such concepts as jus cogens, international crimes by States, international crimes by individuals entailing individual criminal responsibility, and obligations erga omnes.

Keywords: individual criminal responsibility; international crimes; international treaties; jus cogens; obligations erga omnes

10.1163/ej.9789004149816.i-472.101
/content/books/10.1163/ej.9789004149816.i-472.101
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Fundamental Rules of the International Legal Order — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation