PO333 Lecture Notes - Lecture 19: Opinio Juris Sive Necessitatis, Peremptory Norm, Omnibus Bill
Document Summary
Vienna convention on the law of treaties (1969): peremptory norms. Emergence of a new peremptory norm of general international law ( jus cogens") If a new peremptory norm of general international law emerges, and existing treaty which is conflict with that norm become void and terminates. Eventually it was found out and it was debated. bill remained it become and still is legal, but it is still in question is canada wants to go down this slippery slope and enable torture. Cogens trumps all other law, including opinio juris. Omar cotter: spent 15 years in american jail (guantatomo) and was convicted of murdering american sol- diers. in 2010 a deal was struck and sent him back to canada. On humanity grounds he was sent back to. Canada didn"t want him but based on the charter he had the right to come back because he is a citizen. Creates a hierarchy of norms and legal obligations.
