help again.. (1 Viewer)

[virgin^sexy]

wtf does 'jus cogens' mean?!

 

[MiuMiu]

I know exactly what it is but its kinda hard to put into words, its like the international laws that are so 'accepted' or 'implicit' that they aren't questioned or challenged, like an authority in international law. Sorry for the poor explanation, i suggest grab a legal dictionary.

 

[virgin^sexy]

thanks i appreciate that heaps

exam's tomorrow

 

[santaslayer]

Accepted and recognised by the international community of states as a norm from which no derogation (as in derrogatory) is permitted and which can be modified only by a subsequent norm of general international law having the same character. Maybe thought as customary international law i guess?
BTW, the notion of jus cogens was established by the Vienna Convention on the Law of Treaties 1969 arts (articles) 53,64 which is AKA 'peremptory norm'

(NOTE: I don't think you will need it for hsc legal!)

 

[santaslayer]

and jus cogens is a 'status' of international law...

 

[Ziff]

I think directly translated from the Latin it means "compelling law".

The difference between this and customary law is that in customary law you need to have a group of nations accept the treaty/whatever and it needs to be done over a long period, as well it can be altered etc.

The notion of peremptory norms is that there are certain acts/obligations that no state can violate e.g. it's prohibited to be involved in genocide, war crimes etc etc and peremptory norms also applies to individuals (e.g. Milosovic, Nazis etc etc) - not just states.

The Vienna Convention on the Law of Treaties made any treaties between states which would violate a peremptory norm void.

In legal history, it's a relatively new concept and there's still some level of debate going on about it especially people crying "state sovereignty!", but it's not as controvertial as it used to be.

 

[santaslayer]

Originally posted by Ziff
I think directly translated from the Latin it means "compelling law".

:uhhuh:...Thats right!

And for interests sake, jus canonicum means Canon Law,

and

jus commune means Common Law

 

[santaslayer]

Also, while we are on topic.....

jus inter gentes means The Law among peoples; rights between nations[/i]

This one I personally like the best - jus spatiandi means The right to wander (around BoS )

jus patronatus means The right arising from paternal power...

Hm..... i put more in when i feel like it...LoLz

 

[= Jennifer =]

i think santaslayer just trying to show off his legal ability so he can get more votes mod tsk tsk

 

[santaslayer]

Yay for me!!!!!! :uhhuh:

:rofl: !!!!!

 

[MiuMiu]

actually jus cogens is in the syllabus somewhere, i remember coming across it

 

[virgin^sexy]

yeh, i was about to say that. why else would i be asking?

 

[santaslayer]

LoLz...i never saw it when i was doing the HSC...Im so lucky they didn't ask me that question!