Publıc Internatıonal Law I Deneme Sınavı Sorusu #1331735
If a new peremptory norm of general international law emerges, what happens with any existing treaty which is in conflict with that norm and why?
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Treaty does not terminate as it had started before the new norm emerged. |
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Treaty does not terminate but some aspects of it may be changed in order for it to be more compatible with the new norm. |
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Treaty terminates on grounds of fraud. |
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Treaty becomes void and terminates on grounds of violation of domestic laws. |
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Treaty becomes void and terminates because it is in contradiction with jus cogens. |
A treaty is void ab initio (from the beginning), if at the time of its conclusion it conflicts with a peremptory norm of general international law, i.e., jus cogens (Art. 53). “If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates” (Art. 64). Thus, a treaty is void if it is in contradiction with the existing or new jus cogens.
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