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Topic: Peremptory norm


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  peremptory norm   (Site not responding. Last check: 2007-10-21)
Also called jus cogens (L. "compelling law"), a peremptory norm is a fundamental principle of international law considered to have acceptance among the international community of states as a whole.
The relatively new concept of peremptory norms is at odds with the traditionally consensual nature of international law considered necessary to state sovereignty.
Peremptory norms also differ from traditional international law in that they are considered to be enforceable against not only states, but individuals as well.
www.yourencyclopedia.net /Peremptory_norm.html   (290 words)

  
 Peremptory norm   (Site not responding. Last check: 2007-10-21)
NORM - Locations Worldwide NORM group coordinators in their areas who are on the Internet.
Norm and Company Gallery of cartoons featuring Norm, a man of few words, and other offbeat topics.
Norm Coleman on the Issues The Minnesota Senator's voting record and positions on a wide range of matters.
www.serebella.com /encyclopedia/article-Peremptory_norm.html   (475 words)

  
 Read about Peremptory norm at WorldVillage Encyclopedia. Research Peremptory norm and learn about Peremptory norm here!   (Site not responding. Last check: 2007-10-21)
A peremptory norm (also called jus cogens, Latin for "compelling law") is a fundamental principle of international law considered to have acceptance among the international community of states as a whole.
Vienna Convention on the Law of Treaties, any treaty in violation of a peremptory norm is null and void.
There are often disagreements over whether a particular case violates a peremptory norm, and as in most international law, there is no court or body which can authoritatively answer such questions without the consent of the parties.
encyclopedia.worldvillage.com /s/b/Jus_cogens   (354 words)

  
 Peremptory norm -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-21)
Unlike ordinary (Click link for more info and facts about customary law) customary law that has traditionally required consent and allows the alteration of its obligations between states through (Click link for more info and facts about treaties) treaties, peremptory norms cannot be violated by any state.
Under the (Click link for more info and facts about Vienna Convention on the Law of Treaties) Vienna Convention on the Law of Treaties, any treaty in violation of a peremptory norm is null and void.
The relatively new concept of peremptory norms is at odds with the traditionally consensual nature of international law considered necessary to state (Government free from external control) sovereignty.
www.absoluteastronomy.com /encyclopedia/p/pe/peremptory_norm.htm   (336 words)

  
 Foreword: February, 2000, Pugwash Occasional Papers
By now the newness of the argument over new norms of intervention and whether they have begun to trump the old norms of state sovereignty is gone.
Norms, however, if they are to have force, will always reflect the selfish interests of some critical makeweight of the international community.
Thus, we are brought squarely against a dilemma: the only way a norm whose time has come may be reliably implemented is if those states that are both strong and virtuous act without undue regard for the opinion of others.
www.pugwash.org /publication/op/forewordv1n1.htm   (1747 words)

  
 Untitled Document
We need not resolve this uncertainty, however, for we find that the principles appellants characterize as peremptory norms of international law are not recognized as such by the community of nations.
Because such peremptory norms are nonderogable and enjoy the highest status within international law, appellants conclude that these norms are absolutely binding upon our government as a matter of domestic law as well.
In sum, appellants' attempt to enjoin funding of the Contras on the ground that it violates a peremptory norm of international law by contravening an ICJ judgment is unavailing.
home.att.net /~slomansonb/Reagan.html   (2102 words)

  
 Definition of norm van brocklin
1: '''Norm Miller''' (born in [[1956]]) is a [[politician]]...
The relatively new concept of peremptory norms is at odds with the traditionally consensual nat...
9:...r whether a particular case violates a peremptory norm, and as in most international law, there is no co...
www.wordiq.com /search/norm+van+brocklin.html   (658 words)

  
 tecolahagos.com - ethiopian related issues and commentary
It is also a violation of a “peremptory norm of general international law and custom” that amounts to violating fundamental principles of the Charter of the United Nations.
Finally, it was incorporated in a single draft by the fourth Rapporteur of the Convention as Article 53 (Articles 64, and 71 are further expansion of the core principle) of the Vienna Convention on the Law of Treaties that was adopted on 22 May 1969 by the Vienna Conference on the Law of Treaties.
Other than the attempted cyclical (tautological) definition provided for the meaning of “peremptory norm of general international law” within that article, the provision itself is simple to understand, but extremely difficult to apply.
www.tecolahagos.com /unity.htm   (5006 words)

  
 norm
In sociology, norm is a technical term describing the expected pattern of behavior in a given situation, the custom.
In psychometrics a norm is a statistical characteristic of a sample used for purposes of comparison.
For example, a student's score on a standardized test of academic achievement may be expressed as the percentile rank of that score in a norm group intended to be representative of the population of students.
www.fact-library.com /norm.html   (322 words)

  
 Suresh v. Canada (Minister of Citizenship and Immigration)   (Site not responding. Last check: 2007-10-21)
a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
Peremptory norms develop over time and by general consensus of the international community.
In the opinion of the present writer, this inactivity, and the consequent uncertainty as to which norms are peremptory, constitute at present the main problem of the viability of jus cogens.
www.lexum.umontreal.ca /csc-scc/en/pub/2002/vol1/html/2002scr1_0003.html   (16939 words)

  
 Abolish the Death Penalty
The Vienna Convention on the Law of Treaties defines a norm of jus cogens as “a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of international law having the same character”.
The Commission considered the case and concluded that “a norm of international customary law has emerged prohibiting the execution of offenders under the age of 18 years at the time of their crime” and that “this rule has been recognized as being of a sufficiently indelible nature to now constitute a norm of jus cogens”.
The acceptance of this norm crosses political and ideological boundaries and efforts to detract from this standard have been vigorously condemned by members of the international community as impermissible under contemporary human rights standards.
www.amnestyusa.org /abolish/juveniles/ilaw.html   (600 words)

  
 USA 12.412 - MERITS
Correspondingly, the state contends that even if a norm of customary international law establishing 18 to be the minimum age for the imposition of the death penalty had evolved since the Commission’s decision in the Roach and Pinkerton Case, the United States is not bound to such a rule.
The Commission is therefore of the view that a norm of international customary law has emerged prohibiting the execution of offenders under the age of 18 years at the time of their crime.
The norm cannot be validly derogated from, whether by treaty or by the objection of a state, persistent or otherwise.
www.cidh.org /annualrep/2003eng/USA.12412.htm   (5483 words)

  
 No. 98-8327: Domingues v. Nevada - Invitation
A state that persistently objects to a norm of customary international law that other states accept is not bound by that norm, * * * just as a state that is not party to an international agreement is not bound by the terms of that agreement." Siderman de Blake v.
A jus cogens norm, also known as a "peremptory norm," has been described as "a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted." Vienna Convention, art.
Moreover, the suggestion that the courts, by declaring that the asserted jus cogens norm exists and applies here, should in effect override the judgment of the political Branches that the United States should not be bound by an international legal prohibition against the execution of 16-year-old offenders plainly raises serious separation of powers concerns.
www.usdoj.gov /osg/briefs/1999/2pet/6invit/98-8327.pet.ami.inv.html   (4278 words)

  
 Geneva International Peace Research Institute | Is the U.S. Practice of Using Force ?   (Site not responding. Last check: 2007-10-21)
To produce a change in the content of a peremptory norm of international law is not an easy task.
A peremptory norm of general international law is a norm accepted and recognised by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
Even taking into account some differences of opinion in the international community, it is difficult to assert that a new peremptory rule recognizing an enlargement of the notion of self-defense or any new exception to the general prohibition of the threat or use of force in international relations has emerged.
www.gipri.ch /spip/imprimer.php3?id_article=17   (1368 words)

  
 Friday Fax - 12/06/2001   (Site not responding. Last check: 2007-10-21)
Because he was under the age of 18 at the time of the murder, his lawyers evoked the novel argument that "international customary law" prevents the State of Texas from executing someone who committed the act prior to age 18.
His lawyers argued that what is known as a jus cogens norm of international law has been established on the question of executing those who commit capital crimes under the age of 18.
According to the lawyers brief, "A jus cogens norm of customary international law is a peremptory norm which can never be derogated by any nation." The brief explains that genocide and slavery are examples of such bans.
www.priestsforlife.org /news/infonet/fridayfax01-12-06.htm   (536 words)

  
 peremptory_pleas   (Site not responding. Last check: 2007-10-21)
Peremptory challenge - definition of Peremptory challenge by the Free...
peremptory pleas (pleas in bar), are pleas which set out special reasons for which a trial cannot go ahead.
peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead.
peremptory_pleas.networklive.org   (287 words)

  
 IT'S A BIRD, IT’S A PLANE, IT'S JUS COGENS
Indeed, the sheer ephemerality of jus cogens is an asset, enabling any writer to christen any ordinary norm of his or her choice as a new jus cogens norm, thereby in one stroke investing it with magical power.
As all other principles and norms of general international law, they may be modified by the agreement of states, by means of treaty or custom." But he did not explain to us how, if a jus cogens norm (invalidates) treaty provisions, a later treaty may (modify) the (jus cogens) norm itself.
For Professor Janis, a norm of jus cogens "is a sort of international law that, once ensconced, cannot be displaced by states, either in their treaties or in their practice." This is at least a forthright position.
anthonydamato.law.northwestern.edu /Papers-1/A914.html   (1755 words)

  
 Report of the International Law Commission (1999) - Chapter V   (Site not responding. Last check: 2007-10-21)
Where there was an apparent contradiction between two peremptory norms, then one must prevail over the other, and legal systems had ways of determining which of the two would prevail.
Under the Vienna Convention, in the event of a conflict between a part of a treaty and a peremptory norm, the entire treaty was invalidated.
It dealt neither with the effect of peremptory norms of international law nor with their content and the commentary to the first version of that provision showed that it envisaged a merely hypothetical case.
www.un.org /law/ilc/reports/1999/english/chap5.htm   (17384 words)

  
 Father Araujo   (Site not responding. Last check: 2007-10-21)
While this may not always be an easy norm to implement by the combatants, it is an obligation which invariably attaches to the military pursuits of the combatants if they wish to conduct their military affairs in accordance with jus in bello.
While many individuals recognize that there are difficulties in enforcing peremptory norms of international law, it remains essential to demonstrate why the use of anti-personnel mines which causes so many unnecessary and unreasonable casualties every year must be halted as quickly as possible.
While it is difficult to identify comprehensively peremptory norms of international law, certain of them emerge with little difficulty, i.e., those rules prohibiting piracy and slavery,those for national self-determination and the equality amongst states, those prohibiting the use of force and genocide, those concerned with crimes against humanity, and those addressing racial non-discrimination.
www.across-borders.com /father.htm   (5802 words)

  
 M. Cherif Bassiouni, International Crimes: Jus Cogens And Obligatio Erga Omnes, 59 Law & Contemp. Probs. 63 (Autumn ...   (Site not responding. Last check: 2007-10-21)
As a consequence of that standing, jus cogens norms are deemed to be "peremptory" and non-derogable.
Scholars also disagree as to the means to identify the elements of a peremptory norm, to determine its priority over other competing or conflicting norms or principles, to assess the significance and outcomes of prior application, and to gauge its future applicability in light of the value-oriented goals sought to be achieved.
Thus, the principle of territorial sovereignty has risen to the level of a "peremptory norm" because all states have consented to the right of states to exercise exclusive territorial jurisdiction.
www.law.duke.edu /journals/lcp/articles/lcp59dFall1996p63.htm   (5050 words)

  
 Encyclopedia: Treaty   (Site not responding. Last check: 2007-10-21)
A treaty is null and void if it is in violation of a peremptory norm.
These norms, unlike other principles of customary law, are recognized as permitting no violations and so cannot be altered through treaty obligations.
These are limited to such universally accepted prohibitions as those against genocide, slavery, torture, and piracy, meaning that no state can legally assume an obligation to commit or permit such acts.
www.nationmaster.com /encyclopedia/Treaty   (4004 words)

  
 "State sovereignty and the protection of fundamental human rights: an international law perspective ": February, 2000, ...
As a matter of definition, a peremptory rule is "a norm accepted and recognised by the international community of States as a whole as a norm for which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character"
My answer is clearly in the negative: a crime (i.e., a gross violation of a peremptory international norm) cannot be answered with the violation of another peremptory norm, that is another crime.
And it happens that, in the modern world, the use of armed force is forbidden by such a norm, with two exceptions.
www.pugwash.org /reports/rc/pellet.htm   (2223 words)

  
 [No title]   (Site not responding. Last check: 2007-10-21)
The very essence of peremptory norms is that they cannot be derogated from by agreement between the parties inter se because this would be contrary to international public policy and international public order.
If Article 2(4) of the Charter incorporates a peremptory norm prohibiting the use of force, any purported derogation from it by agreement is invalid, even if the agreement obtained is not through an imposed or unequal treaty.
In this regard we are pleased to note that Article 26 (compliance with peremptory norms) provides that “nothing in this chapter, including consent, precludes wrongfulness of any act of a State which is not in conformity with an obligation arising under a peremptory norm of general international law”.
www.kypros.org /UN/6thStateResponsibility29.10.04.htm   (665 words)

  
 The exclusion of child offenders from the death penalty under general international law - Amnesty International   (Site not responding. Last check: 2007-10-21)
It also constitutes strong evidence that the prohibition should be recognized as a peremptory norm of general international law.
In its initial report under the Convention on the Rights of the Child, submitted in 1993, the government of Pakistan acknowledged that the laws of various provinces established a minimum age of 15 for the death penalty and that a child under the age of 15 could be punished under the hudood laws.
(2) A peremptory norm of general international law, also known as a norm of jus cogens, is a rule of international law which is binding on all states whether or not they are parties to international treaties which embody the rule.
web.amnesty.org /library/index/engact500042003   (8056 words)

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