International law provides mandatory and discretionary rules.The latter category is traditionally attributed the vast majority of the provisions in the system.They allow deviation by mutual agreement applying their subjects.
mandatory law is the provision of higher legal force.Their duty is spread directly on all subjects in all spheres of cooperation.Mandatory rules are the foundation of the whole of the existing system.
first time the concept was used in article 53 of the Vienna Convention of 1969.Then, it was confirmed in the 1986 Convention.Under Article fifty-third contained in both documents, mandatory rules are provisions which are recognized and accepted in the world community as a whole as to avoid deviations.Changes in them may be made only by means of the following provisions of the general system, which has the same character.
Given the above definition, defined and specific features that have mandatory rules.So, they are addressed solely to the international community, which is at the same time determines their special status.Mandatory rules are included in the set of rules in general international law and have a higher degree of obligation (obligation) due to the fact that deviation from them is not allowed.These provisions do not apply the normal mechanism with particularistic, regional and local acts.Change of peremptory norms can be carried out only with the norms of the same status.
In the above-mentioned conventions and specific set time period of the provisions.Compared with other, the rule of law have a retroactive effect.Thus, in accordance with Article 64, if there is a new provision, any act contrary to it, it shall terminate and become null and void.
The draft articles reflecting the responsibility of States, secured a special regime providing for liability for the violation of peremptory norms.Failure to comply with any other provisions of view to establish responsibility and make a complaint to the State violator can mainly injured State.In violation of obligations under peremptory norm, all countries need to cooperate.This is necessary to prevent non-compliance with established regulations.Thus the right of the injured party on the adoption of the sanctions (countermeasures) against the offender should not deal with obligations arising from peremptory norms.
As an aspect of the origin of the ordinary should be noted these provisions.In some universal international treaties (the Geneva Convention on political, civil rights, for example) there are prohibitive acts.Their level of obligation is similar to the peremptory norms, but they are not identical.This is due to the fact that the former are addressed to member states of these agreements, but the entire community as a whole.
It should be noted that the doctrine of international law does not define the specific types of regulations that have the status of mandatory.However, given the similarity of some positions, there are a number of provisions that can be attributed to this category.These acts, in particular, include: the principles and main objectives in international law, the provisions that reinforce the moral standards in the international community, embodied historically acts fixing achieved a certain level of humanity on matters of human rights, indigenous peoples, ethnic minorities andOther.
