Generally recognized principles and norms of jus cogens and erga omnes obligations: Legal nature and hierarchy in the Russian legal system

Abstract

The article provides a conceptual and theoretical analysis of the hierarchy of conventional and customary universally recognized principles and norms of international law in relation to the Russian Constitution and federal legislation. The author points out the imperfection of the relevant provisions of the Constitution of the Russian Federation in relation to the generally recognized principles and norms of international law. It is noted that provisions of only ratified treaties of Russia have precedence over the norms of the laws of the Russian Federation and examples and consequences of violations of the procedure for ratification of treaties are provided. The main aspects of the origin and content of generally recognized principles and norms of international law are considered, as well as the difference between jus cogens norms and erga omnes obligations is shown with concrete examples. A doctrinal analysis of the legal nature, and the process of formation, of universally recognized principles of international law, as well as the relationship between jus cogens norms and erga omnes obligations is presented. The author notes the peculiarities of some legal systems of the world in relation to the legal position on the supremacy of Islamic Sharia law over the obligations of a number of Muslim States under human rights treaties. The article also points to the universal recognition of the domestic legal doctrine of ten “basic principles” of international law and, in addition, substantiates the existence and consolidation in modern international law of another ten norms of jus cogens and erga omnes obligations.

Keywords:

recognized principles of international law, International Law Commission, jus cogens norms, erga omnes obligations, international treaties, constitution, Russian federal legislation