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Words: 5,500 | Submitted: Mon Jan 07 2008
... but treat them equally. Section 3 shall examine the concept of jus cogens norms in International Law. It shall be seen through both theoretical discussion and case law that jus cogens norms override both conventional (treaty) and customary law. They are principles that allow no derogation and nullify any treaty or custom with which there is conflict. However, it will be noted that the potential problems and difficulties associated with jus cogens norms has meant significant development has not been achieved. Nevertheless, it is seen how jus cogens norms sit atop the hierarchy of sources. Section 4 shall examine the source of law known as 'General principles'. It shall be seen that though commonly and rightly considered to be subsidiary to conventional and customary law, this category can have implications which may limit their superiority. Certainly, this source engenders confusion and disagreement amongst scholars and thus acts as a further ...
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