Law 2101 Quiz: Hierarchy of norms in international law
Document Summary
International law chapter iii: hierarchy of norms in international law. Traditional narrative: il consent-based horizontal syst of rules, no centralized law-creating authority. Art 38 icj statute: all sources possess formally an equal rank and status. Lex posterior and lex specialis principle in case of conflict. Ii/ the emergence of jus cogens in il. Jus cogens: norms possessing a higher status to ordinary rules of il prevailing over the latter in case of conflict. Prosper weil: relative normativity: syst with certain higher norms of which the source of validity is uncertain, and possibly putting into question the validity of ordinary" norms. Weil"s statement overstated: some treaty rules specifying priority when conflict of norms can be found in covenant of lon and un charter (not jus cogens though; only treaty rules) Secu council power to take measures that bind all states chapter vii. Art 103: supremacy clause through which obligations flowing from the charter prevail over any conflicting obligations.
