Direito internacional imperativo: jus cogens

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The absence of a central power in international society with authority to discipline the relationship between sovereignties clearly demonstrates the idea that Public International Law is fundamentally a law of cooperation. State voluntarism is therefore an outstanding feature in the submission of sovereign entities to international law. Nevertheless, the evolution of civilization reveals the factual existence of an ordre public that expresses fundamental values of international society. Values which cannot be waived by international society are disclosed through imperative norms of international law â jus cogens. Based on the recognition of the existance of norms that grant inaliable rights and attribute erga omnes obligations to the States, jus cogens implies the refusal of States volition as the foundation of International Law. This study was developed with the aim of identifying the content of jus cogens, i.e., which international norms can manifest the character of peremptory rules, constraining States even without their aquiescence. For that purpose, the foundation of Public International Law was investigated and founded to be rooted in Natural Law. There was also a hierarchical ordination of the sources of International Law which ended up demonstrating the prevalence of jus cogens over the other international norms. Finally, the research fell across some recticent views of scholars with respect to the roll of existent imperative norms. This study, while criticizing this lack of definition of jus cogens, also intends to demonstrate that it is already possible to establish some reliable criteria to identify international jus cogens

ASSUNTO(S)

sources direito internacional publico fontes, jus cogens, imperativo direito internacional - normas; organizaÃÃo internacional; cooperaÃÃo internacional imperative jus cogens

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