Suchergebnisse

1. Introduction -- 2. The Concept of Peremptory Norms of General International Law—"Codified" or "Progressively Developed"? -- 2.1. General -- 2.2. Jurisprudence -- 2.3. State Practice -- 2.4. Teachings in International Law -- 2.5. Concluding Comments -- 3. The Conventional Concept of Peremptory Norms of General International Law (Jus Cogens) -- 3.1. The Notion -- 3.2. The Term -- 3.3. The Question of University -- 3.4. The Question of Dynamism of Peremptory Norms -- 3.5. The Content and Ways of Identification -- 3.6. The Vitiating Factors -- 3.7. The Question of Subjective Rights to Claim the Invalidity of a Treaty -- 3.8. The Procedure -- 3.9. The Effects and Consequences -- 3.10. Some "Technical" Questions -- 3.11. Some Considerations of Policy. Conclusions -- 4. An Attempt at a Positive Approach -- 4.1. The Question of the Legality of Treaties -- 4.2. The Question of the Legality of Derogation -- 4.3. The Effects of the Illegality of Treaties.

The rejection by the International Court of Justice of the Salvadoran declaration of intervention in the case between Nicaragua and the US appears to have been based on the premise that intervention for the purpose of interpretation of a multilateral treaty was inadmissible in the jurisdictional phase of a case. Neither the wording of Article 63 nor the logic of the matter warrant such a proposition. The Salvadoran declaration raised, however, doubts as to its substantive conformity with Article 63