Imperative norms

In international law, there are mandatory and dispositive norms. The last category is traditionally the absolute majority of provisions in the system. They allow deviations by mutual agreement of the subjects that apply them.

Imperative norms of law are provisions of higher legal force. Their duty is extended directly to all subjects of all spheres of cooperation. Imperative norms are the basis of the entire established system.

The concept was first used in article 53 of the 1969 Vienna Convention . Then it was confirmed in the 1986 convention. Under article fifty-three, contained in both documents, peremptory norms are provisions that are recognized and accepted in the world community as a whole, as non-aberrant. Changes in them can be made only with the help of the subsequent situation in the common system, which is of the same nature.

Given the above definition, the specific features that peremptory norms have are also determined. Thus, they are addressed exclusively to the international community, which, at the same time, determines their special status. Imperative norms are included in the set of norms in general international law and have the highest degree of binding (due) because deviation from them is not allowed. These provisions do not apply the usual mechanism with the use of particular, regional and local acts. The change of peremptory norms can be carried out only by norms with the same status.

In the above-mentioned conventions, the specificity of the time period for the operation of the provisions is also established. In comparison with others, these norms of law have retroactive effect. Thus, in accordance with Article 64, when a new provision occurs, any other act that contradicts it, ceases to operate, becoming invalid.

In the draft articles reflecting the responsibility of States, a special regime providing for responsibility for violating peremptory norms is enshrined. In the event of non-compliance with any other provisions, it is primarily the injured State that can establish the type of liability and claim the offending State. In case of violation of the obligations stipulated by the imperative norm, all countries need to cooperate. This is necessary to prevent non-compliance with established provisions. In this case, the right of the injured party to take sanctions (countermeasures) against the offender should not concern obligations that arise from peremptory norms.

As a distinctive feature should be noted the usual origin of these provisions. In some universal international treaties (the Geneva Convention on Political, Civil Rights, for example), there are prohibitions. Their level of implementation is similar to mandatory norms, but they are not identical. This is due to the fact that the former are addressed to the member countries of these treaties, but not to the entire community as a whole.

It should be noted that the doctrine of international law does not define specific types of norms that have the status of imperatives. At the same time, given the similarity of positions, there are a number of provisions that can be attributed to this category. Such acts include, in particular, the following: principles and main goals in international law, provisions that establish the moral standards in the world community, historically fixed, acts that consolidate the achieved level of humanity in respect of observance of human rights, indigenous peoples, national minorities and Other.