516 research outputs found
JUS POST BELLUM AND THE ENIGMA OF POST-CONFLICT SOCIAL RECONSTRUCTION
No full textAbstract: The resolution of conflicts and internecine wars across Africa has often proved enigmatic due to the failure to comprehend, articulate and activate an adequate framework for post-conflict reconstruction. Scholars like Laury Ocen, Olu Arowosegbe, and Elizabeth Mutunga admit that as seen in Sudan, Liberia, Sierra Leone, and other conflict-ridden parts of Africa, post-conflict peace building must become integrative and indigenous in its approach especially as it relates to women and the girl-child. This paper therefore attempts an interrogative study of the effects of a comprehensive and well- articulated framework for post- conflict reconstruction on conflict displaced women. It utilizes the notion of jus post bellum in dissolving some of the ethical concerns associated with conflicts and concludes that state owes a moral duty that necessitates critical interventions and the sustenance of justice on a legal and moral framework.
Keywords: Jus Post Bellum, Conflicts, Peace-Building, Moral Duty.
Title: JUS POST BELLUM AND THE ENIGMA OF POST-CONFLICT SOCIAL RECONSTRUCTION
Author: OLALERE, Kunle Oluwafemi, IBITAYO Doyin Afusat
International Journal of Recent Research in Social Sciences and Humanities (IJRRSSH)
ISSN 2349-7831
Vol. 10, Issue 3, July 2023 - September 2023
Page No: 145-154
Paper Publications
Website: www.paperpublications.org
Published Date: 10-August-2023
DOI: https://doi.org/10.5281/zenodo.8233613
Paper Download Link (Source)
https://www.paperpublications.org/upload/book/JUS%20POST%20BELLUM%20AND%20THE%20ENIGMA-7.pdfInternational Journal of Recent Research in Social Sciences and Humanities (IJRRSSH), ISSN 2349-7831, Paper Publications, Website: www.paperpublications.or
UTILIZATION OF DIGITAL MARKETING IN INCREASING SALES OF MSME IN BENGKALIS REGENCY (Case Study on MSME of MARTABAK MANDOR, Gatot Subroto Street, Bengkalis City
No full textThis research project aims to utilize digital marketing to increase sales of Msme Martabak Mandor Gatot Subroto Street, Bengkalis City. ImplementationThis project is carried out through 3 stages, namely (1) project preparation planning, (2) project implementation planning, and third (3) project completion stage. the form of digital marketing used is E-mail marketing and Social Media Marketing.The results of the application of digital marketing in Msme Martabak Mandor have increased sales revenue by 27.9%.This also proves that the application of digital marketing is able to increase sales of Msme Martabak Mandor. Consumers are interested in ordering online and there are also consumers who make direct purchases and repeat purchases.Keywords: Digital Marketing, MSME, E-mail Marketing, Social Media Marketin
Torture as Jus Cogens Norm
No full textArticle analyzes the jus cogens norms and the legal effects produced by those. Its importance lies in the fact that international crimes that rise to the level of jus cogensconstitute obligation erga omneswhich are inderogable from the all word countries. This study aims to contribute to earlier studies dedicated to the jus cogens norm. This paper is based on the author’s research about torture as jus cogens norm as part of the PhD thesis. In order to achive better results the analysis is based on the following methods: observation, comparison and case-law. The study may be of special interest to the members of the judiciary, researchers and academics because of solution of torture protection in universal way without exception. Its main contribution lies in identification of competent authority to identify jus cogens norms
Jus Cogens: International Law\u27s Higher Ethical Norms
No full textChapter 3
Most international lawyers recognize that the international legal system includes a category of higher norms known as jus cogens or peremptory norms. Most international lawyers also agree that jus cogens norms are superior to and may void conflicting laws. Beyond these points, however, there is little agreement. This Chapter presents evidence and arguments toward building consensus in the field of international law respecting additional aspects of jus cogens. In particular, it argues for the following propositions:
Jus cogens norms are moral or ethical norms in nature. Other imperative norms such as those critical to the operation of the international legal system, are general principles of law, not jus cogens.
Jus cogens norms invalidate directly conflicting international or national laws. Jus cogens norms do not have the effect of striking down otherwise valid law or of imposing affirmative duties.
Only natural law theory contains explanations of jus cogens norms; positivism is inadequate to explain the existence and operation of jus cogens.
Much natural law theorizing reflects a scholar or judge’s own subjective views. This problematic aspect often seen in theorizing about jus cogens may be addressed through combining natural law theory with an adjunct legal theory known as legal process.
Author\u27s Note: An earlier version of the article was published in Jornadas de Derecho Internacional (2010)
Book Review: Jus Cogens – International Law and Social Contract
No full textThis book is based on the doctoral thesis completed by the author as an International Scholar of the Cambridge Overseas Trust at the University of Cambridge. The main idea of the books lies on the fact that jus cogens still become one of the most complex doctrines in contemporary international law. The legal foundation of jus cogens is still questionable, whether it lies on natural law, positive law or even to higher or divine origin. However, there is general agreement that jus cogens represent the fundamental value in international society or so-called higher norm in international law
Jus Cogens in Contemporary International Law
No full textInternational law (IL) is in principle of a dispositive nature. The international community, which is the author of international law, is decentralized. Although there is no formal hierarchy within IL as a whole, there are some hierarchical elements. One of them is jus cogens, a legal category that can be found in the Vienna Convention on the Law of Treaties (VCLT), in different guidelines of the Internatioanl Law Commission (on fragmentation, reservations), as well as in the Articles on the responsibility of states and international organisations and in international and national jurisprudence.
This article analyses jus cogens from two perspectives: normative/static (e.g. the role of Article 53 VCLT; jus cogens as a rule, and its distinguishing criteria: formal, sociological and axiological; its relation to erga omnes obligations; and the catalogue) and functional/dynamic (e.g. ius cogens and law-making, especially the conclusion and extinction of treaties; its impact on the application and interpretation of IL and normative conflicts in IL). The article concludes that: ius cogens belongs to contemporary IL, but sometimes expectations are too high; its significant distinctive criterion is an axiological one (peremptory norms protect the most important values for humans and states/peoples) – as a result jus congens can be changed, but its replacement by other rule is inconceivable without a fundamental change in the nature of international community; the legal basis is jus necessarium (the objective universal legal consciousness of states); jus cogens restricts the freedom to undertake international obligations (not only treaties); it counters the fragmentation of IL; it gains some control, through the law of responsibility, over factual acts of IL subjects and over domestic law; and jus cogens shows a tendency to extend its effects on the activities of non-state actors, including their criminal responsibility
RoMEO Studies 2: How academics wish to protect their open-access research paper
No full textThis paper is the second in a series of studies (see Gadd, E., C. Oppenheim, and S. Probets. RoMEO Studies 1: The impact of copyright ownership on author-self-archiving. Journal of Documentation. 59(3) 243-277) emanating from the UK JISC-funded RoMEO Project (Rights Metadata for Open-archiving). It considers the protection for research papers afforded by UK copyright law, and by e-journal licences. It compares this with the protection required by academic authors for open-access research papers as discovered by the RoMEO academic author survey. The survey used the Open Digital Rights Language (ODRL) as a framework for collecting views from 542 academics as to the permissions, restrictions, and conditions they wanted to assert over their works. Responses from self-archivers and non-archivers are compared. Concludes that most academic authors are primarily interested in preserving their moral rights, and that the protection offered research papers by copyright law is way in excess of that required by most academics. It also raises concerns about the level of protection enforced by e-journal licence agreement
Recommended from our members
Peremptory norms of general international law (jus cogens) and the prohibition of terrorism /
No full textIn Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism , Aniel de Beer analyses the role of these norms ( jus cogens norms) in the fight against terrorism. Jus cogens norms protect fundamental values of the international community, are hierarchically superior and non-derogable. The author argues, based on an analysis of the sources of international law, that the prohibition of terrorism has become the jus cogens norm of our time. She further considers the impact of the status of the prohibition of terrorism as a jus cogens norm on other norms of international law relevant in the fight against terrorism, namely the prohibition of torture, the right to a fair trial and the prohibition of the inter-state use of force
Imunitas Negara Asing Di Depan Pengadilan Nasional Dalam Kasus Pelanggaran HAM Yang Berat Konsekuensi Hukum Jus Cogens Terhadap Imunitas Negara
No full textGross violation on human right has been occurred at many countries. Almost all of the perpetrators are state .In international law foreign state has immunity before national court. Developing of international law showed that in one side gross violation on human right is prohibited and has a status as jus cogens, peremptory nom under international law. However foreign state immunity before national court is fundamental right. International law doesn’t strictly and clearly governed legal consequences jus cogens norm over gross violation on human right. Some of national court remaining recognized state immunity to foreign state with some legal reason. However others national court denied that immunity.Key words : law’s consequences, state’s immunity, the International la
Jus cogens -normien progressiivinen kehitys ja kodifikaatio
No full textAbstract
Faculty: Faculty of Law
Degree programme: Master of Laws
Study track: International Law
Author: Sami Keinänen
Title: The Progressive Development and Codification of Peremptory Norms of International Law
Level: Master’s Thesis
Month and year: November 2021
Number of pages: XXXII + 80
Keywords: International Law, Human Rights Law, Jus Cogens, Peremptory Norm, State Immunity, State Responsibility, Universal Jurisdiction, Draft Conclusions on Peremptory Norms of International Law, International Law Commission
Supervisor or supervisors: Ukri Soirila
Where deposited: University of Helsinki Library
Additional information:
Abstract: Jus cogens has attributes from both legal positivism and natural law and has witnessed narrow and more expansive interpretations. This thesis examines the case law related to peremptory norms, the theoretical and practical features, defects and definitional issues of jus cogens, and the ideological changes which need to take place in order to facilitate its future applications as a general rule of international law. Article 53 of the Vienna Convention defines peremptory norms as rules accepted and recognized by the international community of states as a whole as norms from which no derogation is permitted, voiding treaties if at the time of their conclusion they conflict with peremptory norms of international law, effectuating a normative hierarchy of international law and allowing sovereign states to be bound by norms which they have not explicitly consented to. The essential nature of peremptory norms is believed to be that they reflect and protect the fundamental values of the international community.
The determination of the substance and applicability of peremptory norms has been the subject of enduring debate and uncertainty. Jus cogens suggests a non-consent-based hierarchy of norms, but in its sectoral aspects its influence has been negligible due to both political and ideological reasons and the distinction between substantive and procedural rules. The international community has not reached a consensus on whether the primary value of jus cogens is in the symbolic idealization of a value-oriented international legal order, or in the direct application of fundamental principles of general international law. The contemporary effects of jus cogens have therefore been more subtle than they could have been with a strict hierarchical interpretation of jus cogens as the highest law.
Following the International Law Commission’s Draft Conclusions on Peremptory Norms of General International Law (jus cogens) in 2019 this thesis systematizes and analyzes the major decisions of courts, debates and conclusions of the International Law Commission, comments by governments and the writings of scholars in an attempt to exhibit that the real obstacle for the broad interpretation of jus cogens is not strictly juridical, and can be resolved with a socio-legal approach and a reprioritization of interests. The fiduciary theory places international law over sovereignty and the interests of individuals over those of states, and could be the required missing piece in addition to a hint of judicial activism which would allow jus cogens to fulfil its potential. Jus cogens continues to develop progressively, and the Draft Conclusions have engaged the international community in a discussion that will ultimately, given enough time, result in an evolution of the concept of jus cogens and the establishment of a value-based international legal order founded on the fundamental principles of human rights
- …
