『国際法におけるJus cogens』

概要

論文の詳細を見る
Jus congens is a norm from which no derogation is permitted by an agreement inter partes. Its feature set absolutely limit to the freedom of conduct on subject of law. In principle, Stages is unlimited as to conclude international treaties, but under certain legal limitance she must behave herselves. The international jus cogens reflects the authentic needs of the international community. A peremptory norm of general international law(jus cogens)is 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. Treaties conflicting with a peremptory norm of general international law are void, at the time of conclusion(ad initio). When a new peremptory norm emerged, any existing treaty which is in conflict with that norm come into void and terminates(nullity ex nunc). The rule of separability of treaty is not applied to peremptory norm, and treaties conflict with that norm come into void in its entirely. In modern international law a peremptory norm apparently include with Genocide, Piracy, Slave trade, fundamental human rights.
日本法政学会の論文
1984-05-20