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Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law
A Jus cogens is a hierarchically superior norm 'from which no derogation is permitted'. This peremptory norm suggests that there is a hierarchy among rules relating to international law. As such the recent trend of placing human rights norms in the catalogue of jus cogens has had a significant impac...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2014
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| _version_ | 1867613226163765249 |
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| access_status_str | Open Access |
| author | Mayua, Jim Nzonguma |
| author2 | Chirwa, Danwood Mzikenge |
| author_browse | Chirwa, Danwood Mzikenge Mayua, Jim Nzonguma |
| author_facet | Chirwa, Danwood Mzikenge Mayua, Jim Nzonguma |
| author_sort | Mayua, Jim Nzonguma |
| collection | Thesis |
| description | A Jus cogens is a hierarchically superior norm 'from which no derogation is permitted'. This peremptory norm suggests that there is a hierarchy among rules relating to international law. As such the recent trend of placing human rights norms in the catalogue of jus cogens has had a significant impact on both domestic and international law. For instance, in Barcelona Traction, Light and power Co, Ltd (Belgium v Spain), the International Court of Justice (ICJ), when making a distinction between the obligation of states towards the international community as whole and those arising vis-Ñ -vis another state, held that the former are obligation erga omnes in view of their importance |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4718 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:46.693Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4718 Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law Mayua, Jim Nzonguma Chirwa, Danwood Mzikenge Public Law A Jus cogens is a hierarchically superior norm 'from which no derogation is permitted'. This peremptory norm suggests that there is a hierarchy among rules relating to international law. As such the recent trend of placing human rights norms in the catalogue of jus cogens has had a significant impact on both domestic and international law. For instance, in Barcelona Traction, Light and power Co, Ltd (Belgium v Spain), the International Court of Justice (ICJ), when making a distinction between the obligation of states towards the international community as whole and those arising vis-Ñ -vis another state, held that the former are obligation erga omnes in view of their importance 2014-07-30T18:19:50Z 2014-07-30T18:19:50Z 2009 Master Thesis Masters LLM http://hdl.handle.net/11427/4718 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Public Law Mayua, Jim Nzonguma Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law |
| thesis_degree_str | Master's |
| title | Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law |
| title_full | Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law |
| title_fullStr | Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law |
| title_full_unstemmed | Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law |
| title_short | Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law |
| title_sort | human rights and jus cogens questioning the use of normative hierarchy theory in human rights law |
| topic | Public Law |
| url | http://hdl.handle.net/11427/4718 |
| work_keys_str_mv | AT mayuajimnzonguma humanrightsandjuscogensquestioningtheuseofnormativehierarchytheoryinhumanrightslaw |