POLI 483 Lecture Notes - Lecture 6: Line Of Actual Control, International Criminal Tribunal For The Former Yugoslavia, Cecum

• School: University of Calgary
• Department: Political Science
• Course: POLI 483
• Professor: Maureen Hiebert

Document Summary

Special class general rules: no derogation, no circumstance where they cannot be upheld, deterrence, deterrent quality - those who violate this will be guilty and held accountable for their wrongs. Emergence of jus cogens: new and socialist states : preserving gains, western states : acceptance with conditions. Judicial mechanism for determining jus cogens and disputes. Icj: states were worried that this would put a constraint on their sovereignty and domestic politics. The wanted judicial review to determine what constitutes them and how to deal with nations that violate this. Peremptory norms: have the quality of jus cogens where they cannot be argued. Jus cogens is the larger category of the peremptory norms. Jus cogens "there is no derogation because they possess relations with jus cogens" is what it should of said: limited scope to dissent. Caveat: jus cogens not magical: de arechaga: they are not a magic bullet that will allow states to behave the way we want them to.