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Conceptual Constructions: Jus Cogens And Obligations Erga Omnes

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Chapter Summary

The new jus gentium of our days, the International Law for humankind, already counts on some conceptual achievements. The fact that the concepts both of the jus cogens and of the obligations erga omnes already integrate the conceptual universe of International Law discloses the reassuring and necessary opening of this latter, in the last decades, to certain superior and fundamental values. The emergence and assertion of jus cogens in contemporary International Law fulfill the necessity of a minimum of verticalization in the international legal order, erected upon pillars in which the juridical and the ethical are merged. It is widely recognized, that the peremptory norms of jus cogens effectively bring about obligations erga omnes. The aforementioned inter-State petitions under certain human rights treaties may, furthermore, prove to be the embryo of a future actio popularis in the present domain of protection of the human person.

Keywords: International Law; Jus Cogens; Obligations erga omnes

10.1163/ej.9789004184282.i-728.92
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