6 Jus Cogens in Recent Legal Scholarship

2021 ◽  
Author(s):  
Shelton Dinah
Keyword(s):  
Racial Discrimination ◽  
Self Determination ◽  
Crimes Against Humanity ◽  
Humanitarian Law ◽  
Legal Scholarship ◽  
Jus Cogens ◽  
The Right ◽  
Right Of Self Determination

This chapter evaluates recent legal scholarship on jus cogens. Writers continue to discuss and debate the origins and sources of jus cogens. In addition, they devote increasing attention to the specific norms proposed for such status. The prohibition of enforced disappearance, for example, has been recognized in writings as a norm of jus cogens. Other specific norms proposed include the prohibition of torture; the principle of non-refoulement; the prohibition of crimes against humanity; the prohibition of apartheid and racial discrimination; the prohibition of slavery; and the right of self-determination. The jus cogens status of basic rules of humanitarian law is also generally recognized in the literature.

Getting to “Yes” on Self-Determination

1991 ◽  
Vol 19 (1) ◽  
pp. 32-36
Author(s):  
Peter Juviler
Keyword(s):  
Self Determination ◽  
The Right ◽  
Right Of Self Determination

Two main concepts of a new Union and its genesis emerged in 1990–1991. Gorbachev conceived of a close-bound “vertical” federation, such as depicted in the draft Union treaty published March, 9, 1991, to be produced under the leadership of the Center, in consultation with the republics. The nationalist opposition in the nine prospective states of the new Union conceived of a decentralized confederation emerging out of a “horizontal” compact among equals. The two approaches involved clashing concepts of the right of self-determination as to both process and substance.

Regional Hegemony: Domination and Resistance in the Horn of Africa

1993 ◽  
Vol 31 (2) ◽  
pp. 257-276 ◽  
Author(s):  
Ruth Iyob
Keyword(s):  
United Nations ◽  
Status Quo ◽  
Self Determination ◽  
State Sovereignty ◽  
African Unity ◽  
Horn Of Africa ◽  
Post Colonial ◽  
European Colonialism ◽  
The Right ◽  
Right Of Self Determination

Contested territories and challenges to state sovereignty have become almost the norm in post-colonial Africa. The nexus of many of these conflicts resides in a status quo which gives primacy to territorial integrity over the right of peoples to self-determination. The comparative advantage thus accorded to sovereign states has resulted in a disequilibrium that legitimated the violation of both regionally and internationally sanctioned rules enshrined in the Organisation of African Unity (O.A.U.) and the United Nations (U.N.). Thus a normative bias in favour of the imperative of stability and order was justified by reference to the fragility of the newly independent régimes. In the process, the right of self-determination was narrowly interpreted to refer solely to those African peoples waging liberation struggles against European colonialism or white rule.

L'autodeterminazione alle cure tra limiti di validitÀ e tutela risarcitoria

2012 ◽  
pp. 42-67
Author(s):  
Luigi Balestra ◽  
Riccardo Campione
Keyword(s):  
Advance Directives ◽  
The Self ◽  
Self Determination ◽  
Medical Treatments ◽  
Life Saving ◽  
The Right ◽  
The Relationship ◽  
Right Of Self Determination

The essay analyzes the development of the right of self-determination in medical treatments and the changes it has had on the relationship between doctor and patient. In this perspective, the paper aims, in particular, to verify the limits of the self-determination principle in cases of refusal of life-saving treatment and in the hypothesis of advance directives. It also analyzes the possibility of providing compensation for damages in case the right to self-determination is undermined.

The Sudanese Revolution of October 1964

1967 ◽  
Vol 5 (4) ◽  
pp. 491-509 ◽  
Author(s):  
Yusuf Fadl Hasan
Keyword(s):  
World War Ii ◽  
Self Determination ◽  
Advisory Council ◽  
World War ◽  
The People ◽  
Western Democracy ◽  
Traditional Institutions ◽  
The Right ◽  
Right Of Self Determination ◽  
Legislative Assembly

About 70 years ago, the Mahdist or Ansār state, in many ways a traditional Muslim government, crumbled under the fire of the Anglotional Egyptian cannons. On the condominium government that followed fell the task of pacifying the country and introducing western concepts of administration. All Sudanese attempts to defy foreign domination had failed completely by 1924. The British, the stronger of the two partners, had the lion's share in shaping the destiny of the country. Towards the end of World War II, the influential and educated Sudanese, like other Africans and Asians, demanded the right of self-determination. In 1946, in preparation for this, a sample of western democracy was introduced in the form of an Advisory Council. This Council, which was restricted to the northern Sudan, was followed two years later by the Legislative Assembly, which had slightly more powers. Although these democratic innovations were quite alien to the country and were introduced at a relatively late date, they were in keeping with traditional institutions. Until recently, the Sudan consisted of a number of tribal units where no classes or social distinctions existed and the tribal chief was no more than the first among equals; the people were therefore not accustomed to autocratic rule.

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