The Theoretical Foundations of Jus Cogens in International Law

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EBRAHIMGOL ALIREZA; ATTAR MOHAMMAD SALEH

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: Journal of Judicial Law Views Year:2019 | Volume:24 | Issue:87 Page(s): 1-28

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Title

The Theoretical Foundations of Jus Cogens in International Law

Author(s)

EBRAHIMGOL ALIREZA | ATTAR MOHAMMAD SALEH | Issue Writer Certificate

Keywords

TheoreticalQ2

FoundationsQ1

Jus CogensQ1

Substantial FactorQ1

Legal OrderQ1

HierarchyQ1

Abstract

International Law has it's Constituent elements (legal systems, regimes and collections of rules); Those have interrelations from which legal networks are created. Having this in mind, the question is whether these Constituent elements only have horizental nexus or are ordered by means of factors which unified them in a vertical manner and because of that International Law is named Legal Order. So if such a factor(s) does exist, Hierarchy of norms in International law will come to in exist and so on normative Hierarchy of International Law could be deemed. Among different modes of hierarchies (structural, substantial, logical and axiological ), this article is focused on Substantial Factor of Hierarchy of norms in International law which is best crystallized in International law in concept of Jus Cogens. Among many questions of Jus Cogens, (Source of Jus Cogens Obligations, The Role of Consent in the Creation and Modification of Jus Cogens Norms, Scope of Concept of Jus Cogens, Function and Effects of the Jus Cogens), in this study Concentration will be on the Theoretical Foundations of Jus Cogens which shed light on all disscusions of the conceptual and practical aspects' of Jus Cogens to contribute to formulate a map of the doctorine of Jus Cogens.

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APA: Copy

EBRAHIMGOL, ALIREZA, & ATTAR, MOHAMMAD SALEH. (2019). The Theoretical Foundations of Jus Cogens in International Law. JOURNAL OF JUDICIAL LAW VIEWS, 24(87 ), 1-28. SID. https://sid.ir/paper/217824/en

Vancouver: Copy

EBRAHIMGOL ALIREZA, ATTAR MOHAMMAD SALEH. The Theoretical Foundations of Jus Cogens in International Law. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2019;24(87 ):1-28. Available from: https://sid.ir/paper/217824/en

IEEE: Copy

ALIREZA EBRAHIMGOL, and MOHAMMAD SALEH ATTAR, “The Theoretical Foundations of Jus Cogens in International Law,” JOURNAL OF JUDICIAL LAW VIEWS, vol. 24, no. 87 , pp. 1–28, 2019, [Online]. Available: https://sid.ir/paper/217824/en

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