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Les règles d’ordre public en droit international

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Chapter Summary

International law is traditionally known to be a consensus right, that is to say a right under the consent of his subjects, especially the States that create by conventional or customary way. Its structure is horizontal, since it is the product, not a higher authority, but the states themselves that are equal to each other since they are not subject, in legal terms, in a hierarchical relationship. In traditional international law, the contractual freedom of States was unlimited and all the legal rules they created had the same value in terms of law. Two principles, within pure logic, put and continue elsewhere to put order in the application of international rules: the lex takes priority over the more general standards and the lexposteriorwhich overrides the previous rules. The mandatory standards are fully part of the international public order and constitute an objective reality that cannot be contested.

Keywords: traditional international law; international public order; freedom of States; lex; lexposterior

10.1163/ej.9789004180390.i-676.15
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