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Conceptual Constructions: Jus Cogens and Obligations Erga Omnes

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Chapter Summary

In rescuing the universalist vision which marked the origins of the most lucid doctrine of International Law, the process of humanization contributes to the construction of the new jus gentium of the XXIst century, oriented by the general principles of law. This process is enhanced by its own conceptual achievements, such as, to start with, the acknowledgement and recognition of jus cogens and the consequent obligations erga omnes of protection, followed by other concepts disclosing likewise a universalist perspective of the law of nations. In the domain of the safeguard of human rights, the objective character of the obligations of protection, the character of ordre public of the operation of the mechanisms of protection, the convergence on individual and collective interests in certain cases, are altogether elements bringing us closer to the actio popularis, as from the concept of obligations erga omnes.

Keywords:actio popularis; human rights; international law; jus cogens; jus gentium; obligations erga omnes



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