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

The Duty Not to 'Recognize as Lawful' a Situation Created by the Illegal Use of Force or Other Serious Breaches of a Jus Cogens Obligation: an Obligation without Real Substance?

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

The Articles of the International Law Commission (ILC) on the Responsibility of States for Internationally Wrongful Acts provide in Article 41(2) that 'no State shall recognize as lawful a situation created by a serious breach' of an obligation arising under a peremptory norm of general international law. This chapter examines the content of the obligation 'not to recognize as 'lawful' a situation created by a serious breach of a jus cogens obligation, and the practical difficulties that may arise in complying with this obligation. It also asks whether an obligation of non-recognition makes legal sense in cases of serious breaches of jus cogens obligations, other than those resulting in the creation of a new State or the acquisition or occupation of territory.

Keywords: International Law Commission (ILC); jus cogens obligations; law of State responsibility; obligation of non-recognition

10.1163/ej.9789004149816.i-472.33
/content/books/10.1163/ej.9789004149816.i-472.33
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