DANCEST 805 Lecture Notes - Lecture 25: Peremptory Norm, Bruno Simma, Statute Of The International Court Of Justice
Document Summary
Il is consent-based with no centralized lawmaker, so it"s hard to see which norms are more important and would prevail in case of conflict (art. Il doesn"t contain many principles for resolving conflicts of rules. Lex posterior and lex superior principles only address conflicts between equivalent norms. 3. 2: the emergence of ius cogens in international law. Ius cogens peremptory norms to which to derogation is permitted. If a treaty conflicts with peremptory norms, it is void. Relative normativity il has certain higher norms", but their validity is debated, which questions the validity of ordinary norms". However, this idea presumes that previously there weren"t higher norms" in il, which is not true (even lon covenant recognized them, nowadays. Un charter does prohibition of use of force). Moreover, un charter has a supremacy clause stipulating that obligations flowing from the charter prevail over other obligations. Natural law distinguishes between ius naturale (superior) and ius dispositivum.
