Senin, 23 Desember 2013

A PEREMPTORY NORM



Sumber: http://en.wikipedia.org/wiki/Peremptory_norm

A peremptory norm (also called jus cogens or ius cogens, Latin for "compelling law") is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. There is no clear agreement regarding precisely which norms are jus cogens nor how a norm reaches that status, but it is generally accepted that jus cogens includes the prohibition of genocide, maritime piracy, slaving in general (to include slavery as well as the slave trade), torture, and wars of aggression and territorial aggrandizement (M. Cherif Bassiouni. Autumn 1996 "International Crimes: 'Jus Cogens' and 'Obligatio Erga Omnes'." Law and Contemporary Problems. Vol. 59, No. 4, hlm.68). Recent scholarship has also proposed the idea of a regional jus cogens (Hasmath, Reza (2012). “The Utility of Regional Jus Cogens”, Paper Presented at American Political Science Association Annual Meeting (New Orleans, USA), August 30-September 2).

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