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Jus cogens, compelling law, is the modern concept of international law that posits norms so fundamental to the public order of the interna-tional community that they are potent enough to invalidate contrary rules which might otherwise be consensually established by states.

naturale is "that which nature has taught all animals for that jus is not peculiar to the human race, but is for all animals which are born in the sky, on the land or in the sea." While "procreation and education of children," as practiced by all the animals, are said to be part of this jus naturale, slavery, private property, and political

International Law. Janis, Mark Weston, "The Nature of Jus Cogens" (1988). Faculty Articles and Papers. 410.

This chapter revisits the mainstream foundational nonchalance witnessed in the international legal scholarship relating to jus cogens whereby the practice of courts and tribunals often suffice, for …

2022年2月12日 · Since the notion of jus cogens norms has an organic nature, an agreed and fixed list of human rights that have a jus cogens nature may not be feasible. Such human rights can be found in judicial practice since the concept of jus cogens was first advanced by legal sources, international case law, and law reports.

Jus naturale, meaning "natural law," is a legal principle that originated from the belief in divine truths that are universally applicable. This principle posits that certain moral and ethical truths are inherent to human nature and that they form the basis of the law.

2019年7月23日 · But the minority judges in the European Court on Human Rights stated that ‘the jus cogens nature of the prohibition of torture entails that a State allegedly violating it cannot invoke hierarchically lower rules… to avoid the consequences of the illegality of its actions’, and stated that Kuwait could not ‘hide behind the rules on State ...

2025年3月18日 · In none of the contentious cases concerning genocide, the Applicants asked the Court a pronouncement on the legal consequences of that serious breach of jus cogens. That was the case of Bosnia and Herzegovina, Croatia, The Gambia and South Africa, although all of them recognized the jus cogens nature of the prohibition of genocide.

2022年10月6日 · Jus natural is Latin for natural law, a philosophical system of legal and moral principles based on human nature and moralistic ideals of right and wrong rather than on legislation, judicial action, or statutes. Principle of Natural Justice: Nemo Judex in Causa Sua. Nobody could be a judge in his case because it leads to the rule of biases.