An Analysis On Peremptory Norms Based On Fragmentation Report

Dr A. Sivaprabha, Assistant Professor, Vels Institute of Science, Technology and Advanced Studies

ABSTRACT

“Insofar as international law is observed, it provides us with stability and order and with a means of predicting the behavior of those with whom we have reciprocal legal obligations” - J. William Fulbright

International law or law of nations are considered to be a set of principles, rules, norms, obligations, standards which may be applied not only between the sovereign nations but also among other international entities which are legally recognized as international actors. International law is still considered to be a law which is under the process of development. This development in international law mandates the need for its codification. In recent days it is found that, the scope of international has been extended. The international law commission has constituted a draft committee to analyze the scope of general principles of international law and on 2006 they came up with a new concept known as fragmentation of international law. On 2010 ILC has come up with Fragmentation repot which speaks on various general principles of international law and how these principles have resulted in the fragmentation of international law. Among those various general principles of international law, the most important principle was the concept of peremptory norms. Peremptory norms are those which are accepted and recognized by international community as a whole from which no derogation is permitted. These norms brings about various obligations to countries from which the states cannot derogate. But in recent days it is found that sovereign states enters into various treaties by which the obligation of those states are increasing in a drastic way. It is also found that sometimes the states may end up in a situation that they cannot fulfill its obligation. The main focus of this article is to discuss upon the various reason for fragmentation of international law on the basis of peremptory norms, and the possible suggestions to stop the further fragmentation of international law based on fragmentation report 2010.

Keywords: Peremptory norms, Juscogens, Erga omnes, Fragmentation, International Law