Toward finding peremptory norms and obligations erga omnes
(2022) JAMM07 20221Department of Law
Faculty of Law
- Abstract
- Jus cogens norms and obligations erga omnes are concepts within international law that are often used to reinforce legal claims. This thesis aims to assess to what extent invoking these concepts, along with their reinforcing capabilities, is justified in specific cases.
In order to achieve this, the thesis first gives an overview of the theoretical debate surrounding the concepts of jus cogens norms and obligations erga omnes. The academic debate on the nature of the concepts is illustrated through engaging with the ideas of three theoretical schools: the natural law, the positivist, and the public order school. Both the natural law and the public order school are presented as accepting the capacity of the contemporary international... (More) - Jus cogens norms and obligations erga omnes are concepts within international law that are often used to reinforce legal claims. This thesis aims to assess to what extent invoking these concepts, along with their reinforcing capabilities, is justified in specific cases.
In order to achieve this, the thesis first gives an overview of the theoretical debate surrounding the concepts of jus cogens norms and obligations erga omnes. The academic debate on the nature of the concepts is illustrated through engaging with the ideas of three theoretical schools: the natural law, the positivist, and the public order school. Both the natural law and the public order school are presented as accepting the capacity of the contemporary international legal community to give rise to universal norms and obligations that are, for different reasons, in the interests of that community as a whole, forming the foundation for these norms and obligations holding respectively jus cogens and erga omnes status.
As the ideas of both theoretical schools acknowledge the community aspect inherent to jus cogens and obligations erga omnes, the thesis aims to develop a framework through which this community aspect actually being present in the contemporary international legal community can be assessed in individual cases. For this aim, the thesis utilizes social contract theory as defined within liberal political and legal philosophy. The core of the developed framework is based upon John Rawls’ The Law of Peoples.
The thesis finishes with applying the developed framework to a present-day situation in which a jus cogens norm and obligation erga omnes are at stake: the alleged genocide against the Uyghur population located in Xinjiang, China. Through assessing the ability of the international community to halt and prevent this ongoing case of alleged genocide, the thesis calls into question the ability of the international prohibition to commit and obligation to prevent genocide to, in the Xinjiang case, reflect a jus cogens norm and obligation erga omnes. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9085844
- author
- Esschendal, Jordy Martijn LU
- supervisor
- organization
- course
- JAMM07 20221
- year
- 2022
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- Jus cogens, obligations erga omnes, John Rawls, The Law of Peoples, public reason, public order, public morale, international community
- language
- English
- id
- 9085844
- date added to LUP
- 2022-06-10 16:06:50
- date last changed
- 2022-06-10 16:06:50
@misc{9085844,
abstract = {{Jus cogens norms and obligations erga omnes are concepts within international law that are often used to reinforce legal claims. This thesis aims to assess to what extent invoking these concepts, along with their reinforcing capabilities, is justified in specific cases.
In order to achieve this, the thesis first gives an overview of the theoretical debate surrounding the concepts of jus cogens norms and obligations erga omnes. The academic debate on the nature of the concepts is illustrated through engaging with the ideas of three theoretical schools: the natural law, the positivist, and the public order school. Both the natural law and the public order school are presented as accepting the capacity of the contemporary international legal community to give rise to universal norms and obligations that are, for different reasons, in the interests of that community as a whole, forming the foundation for these norms and obligations holding respectively jus cogens and erga omnes status.
As the ideas of both theoretical schools acknowledge the community aspect inherent to jus cogens and obligations erga omnes, the thesis aims to develop a framework through which this community aspect actually being present in the contemporary international legal community can be assessed in individual cases. For this aim, the thesis utilizes social contract theory as defined within liberal political and legal philosophy. The core of the developed framework is based upon John Rawls’ The Law of Peoples.
The thesis finishes with applying the developed framework to a present-day situation in which a jus cogens norm and obligation erga omnes are at stake: the alleged genocide against the Uyghur population located in Xinjiang, China. Through assessing the ability of the international community to halt and prevent this ongoing case of alleged genocide, the thesis calls into question the ability of the international prohibition to commit and obligation to prevent genocide to, in the Xinjiang case, reflect a jus cogens norm and obligation erga omnes.}},
author = {{Esschendal, Jordy Martijn}},
language = {{eng}},
note = {{Student Paper}},
title = {{Toward finding peremptory norms and obligations erga omnes}},
year = {{2022}},
}