Alireza Ebrahimgol; Seyed Ahmad Tabatabaei Lotfi; Hasan Khosroshahi
Abstract
UN Human Rights Treaty Bodies play an essential role in the promotion of State parties’ compliance with international human rights treaties, through examination of complaints filed pursuant to individual communications procedure. These bodies, despite of their quasi-judicial function, are ...
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UN Human Rights Treaty Bodies play an essential role in the promotion of State parties’ compliance with international human rights treaties, through examination of complaints filed pursuant to individual communications procedure. These bodies, despite of their quasi-judicial function, are allowed to request interim measures in order to preserve the rights of the individuals claiming of being violated until the final views on the relevant communications are adopted. Whereas, final views adopted by Treaty Bodies are not per se binding and considering the lacuna in their founding instruments and rules of procedure, it is to be seen whether or not interim measures requested by these Bodies could be considered as having a binding force. In the present article, the legal nature of interim measures issued by the UN Human Rights Treaty Bodies is reviewed in light of legal doctrine and the jurisprudence of the said Bodies.
alireza Ebrahimgol
Abstract
International law, as a scientific trend, has various components (systems, regimes and (sets) of legal rules) that are united by the status or factors so as to become a system. One of the concepts claimed to act as unifying factor in the constituents of international law, making hierarchy and order is ...
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International law, as a scientific trend, has various components (systems, regimes and (sets) of legal rules) that are united by the status or factors so as to become a system. One of the concepts claimed to act as unifying factor in the constituents of international law, making hierarchy and order is the concept of the jus cogens. However, there are controversies in different conceptual and scientific dimensions of jus cogens. After the formation of jus cogens, various views on the concept and definition of it in the field of international law have been emerged. These views can be categorized in two forms of classical and modern understanding of the principle. The view of this study is that the distinct teachings of the highly scholars of international law on the concept of jus cogens suggest that the one-dimensional perspective on jus cogens cannot be a reflection of the fluid and dynamic role of this principle in the modern international legal order. Therefore, nowadays, due to the complexity of international law, jus cogens must inevitably emerge in distinct legal forms and techniques, in order to be able to maintain its system-making feature.
