Volume 24, Issue 87 (fall 2019)                   __Judicial Law Views __2012__, 24(__59__): __22428 | Back to browse issues page

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ebrahumgol A, attar M S. The Theoretical Foundations of Jus Cogens in International Law. دیدگاه‌های حقوقی. 2019; 24 (87) :1-28
URL: http://jlviews.ujsas.ac.ir/article-1-1017-en.html
1- tehran UN.
2- tehran UN. , mohasa257@hotmail.com
Abstract:   (1451 Views)

International Law has it's Constituent elements (legal systems, regimes and collections of rules); Those have  interrelations from which legal networks are created. Having this in mind,  the question is whether these Constituent elements only have horizental nexus or are ordered by means of factors which unified them in a vertical manner and because of that International Law is named legal order.

      So if such a factor(s) does exist, hierarchy of norms in International law will come to in exist and so on normative hierarchy of International Law could be deemed. Among different modes of hierarchies (structural, substantial, logical and axiological ), this article is focused on substantial factor of  Hierarchy of norms in International law which is best crystallized in International law in concept of Jus cogens.

       Among many questions of jus cogens, (Source of Jus Cogens Obligations, The Role of Consent in the Creation and Modification of Jus Cogens Norms, Scope of Concept of Jus Cogens, Function and Effects of the Jus Cogens), in this study Concentration will be on the theoretical foundations of jus cogens which shed light on all disscusions of the conceptual and practical aspects' of jus cogens to contribute to formulate a map of the doctorine of jus cogens.

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Type of Study: Research | Subject: International Law
Received: 2017/05/28 | Revised: 2019/12/14 | Accepted: 2019/05/20 | Published: 2019/12/14 | ePublished: 2019/12/14

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