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Unilateral acts and peremptory norms (Jus Cogens) in the international law commission’s work

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  • Ibrahim Sief Abdel Hameed Menshawy

Abstract

Purpose - This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on unilateral acts. Design/methodology/approach - The study depended on analyzing the work of the International Law Commission on two topics: Unilateral Acts 2006 and Reservations to treaties 2011 to reveal the relation betweenjus cogensand unilateral acts. Findings - Jus cogensrestrict unilateral acts like treaties due to the recognition of the importance and necessity of the concept ofJus cogensin protecting the fundamental interests of the international community. Practical implications - States must be compatible withjus cogenswhen making any reservation on a treaty and also when taking any unilateral act. Originality/value - This paper reveals the importance ofjus cogensin promoting the values of the international community and the need of such notion to protect the common interest of that community.

Suggested Citation

  • Ibrahim Sief Abdel Hameed Menshawy, 2019. "Unilateral acts and peremptory norms (Jus Cogens) in the international law commission’s work," Review of Economics and Political Science, Emerald Group Publishing Limited, vol. 4(3), pages 182-196, May.
  • Handle: RePEc:eme:repspp:reps-11-2018-0030
    DOI: 10.1108/REPS-11-2018-0030
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