The Role of Imperative International Norms in Strengthening the InternationalLegal System

The recognition of the existence of mandatory international rules under the Vienna Convention on the Law of Treaties of 1969 is a recognition of the existence of a hierarchy among international legal rules, those rules that have remained for a long time characterized by a horizontal hierarchy even in the presence of Article 38 of the Statute of the International Court of Justice, which has produced numerous problems regarding the conflict between multiple sources and a single source, and the impact of those rules on the unity of the legal system has been such that they have created rules that are superior to others. Mandatory rules also have the same effect on Security Council resolutions, as those resolutions may not violate a mandatory rule, otherwise they will be invalidated.

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Publication Details

Journal
Journal of AlMaarif University College
Published
2025-05-14
DOI
https://doi.org/10.51345/.v36i2.1094.g538
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
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article

The Role of Imperative International Norms in Strengthening the InternationalLegal System

Masood Ahmed, Prof. Dr. Khaled Awad Hammadi Al-Alwani
Journal of AlMaarif University College
International Law and Human Rights
article

The Role of Imperative International Norms in Strengthening the InternationalLegal System

Masood Ahmed, Prof. Dr. Khaled Awad Hammadi Al-Alwani
article en

Abstract

The recognition of the existence of mandatory international rules under the Vienna Convention on the Law of Treaties of 1969 is a recognition of the existence of a hierarchy among international legal rules, those rules that have remained for a long time characterized by a horizontal hierarchy even in the presence of Article 38 of the Statute of the International Court of Justice, which has produced numerous problems regarding the conflict between multiple sources and a single source, and the impact of those rules on the unity of the legal system has been such that they have created rules that are superior to others. Mandatory rules also have the same effect on Security Council resolutions, as those resolutions may not violate a mandatory rule, otherwise they will be invalidated.

Journal of AlMaarif University CollegeVol. 36(2)
University of Al Maarif (IQ), University Of Fallujah (IQ)
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
International Law and Human Rights
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