Search results for "peremptory norm"
showing 3 items of 3 documents
Le droit à l’autodétermination du peuple palestinien
2016
The right of the Palestinian people to liberate themselves from foreign occupation in the name of the principle of self-determination has played, and is playing today, a central role in the resolution of the Arab-Israeli problem, representing a real catalyst principle in a process which, unfortunately, remains unfinished. The question today revolves around the fulfilment of an obligation to negotiate conventionally accepted by the parties, considered without alternative by the international community, but which in practice translates into a right of veto over the exercise of self-determination, contradicting the inalienable nature of this principle. Self-determination thus becomes negotiabl…
Nullité absolue des traités et inapplication de la Convention de Vienne
2019
This contribution investigates the reasons for the inapplication of the rules on the absolute nullity of treaties contained in the 1969 Vienna Convention on the Law of Treaties. The argument put forward is that the codification of absolute nullity in treaty law was both a necessary and fanciful choice at the time. Necessary because there was already a jurisprudential practice that had declared some treaties concluded in violation of rules that would later be qualified as "ius cogens" null and void. And also because, after the end of the Second World War, the idea spread that international law should privilege a "strong" legality over the effectiveness of legal situations. It was unrealistic…
PIL.20-21-Unit 1. International Community and International Law
2020
Public International Law. Unit 1. International Community and International Law. Powerpoint of the Academic course 2020-2021.