《國(guó)家責(zé)任》ppt課件 (2)-全文預(yù)覽
【正文】 h as those prohibiting slavery, genocide and apartheid。 they are obligations erga omnes. Such obligations derive, for example, in contemporary international law, from the outlawing of acts of aggression, and of genocide, as also from the principles and rules concerning the basic rights of the human person, including protection from slavery and racial discrimination. Some of the corresponding rights of protection have entered into the body of general international law . . . others are conferred by international instruments of a universal or quasiuniversal character. Article 53 treaties conflicting with a peremptory norm of general international law(“ jus cogens” ) ? ….For the purpose of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international munity of a state as a whole as a norm from which no deragation is permitted and which can be modified only by a subsequent norm of general international law having the same character. Chapter III Serious breaches of obligations under peremptory norms of general international law ? Article 40 Application of this chapter ? 1. This chapter applies to the international responsibility which is entailed by a serious breach by a State of an obligation arising under a peremptory norm of general international law. ? 2. A breach of such an obligation is serious if it involves a gross or systematic failure by the responsible State to fulfil the obligation. The typology of State responsibility ? Rainbow Warrior case: ? The general principles of international law concerning state
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