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LEX RUSSICA (РУССКИЙ ЗАКОН)  / №12 2014

NORMS OF JUS COGENS AND INTERNATIONAL LABOR LAW (176,00 руб.)

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Первый авторLyutov
Страниц10
ID409932
АннотацияThe article examines the possibility of imperative norms of general international law (jus cogens) in international labor law. Norms of jus cogens hierarchically are the highest source of international law that can not contradict any international treaties and other sources of international law. Meanwhile, in the domestic and foreign labor law doctrine there is an extremely broad range of opinions about what should be included in the jus cogens norms within the national labor law. It can be stated that the representatives of the labor law science are much more liberal to a possible list of jus cogens norms in international labor law than specialists on international law. Taking into account the possible appearance of a jus cogens norm without consent of a sovereign state, the conservative practice of international tribunals in respect of this type of legal norms, as well as the dangers of using this concept not to protect human rights but purely for political purposes, the article suggests a cautious atittude to the norms being considered. On the basis of decisions of international courts the held legitimacy of jus cogens norms in international labor law can be stated with respect to the prohibition of discrimination, as well as the prohibition of slavery as the extreme form of forced labor. As applied to the other, albeit the most important human rights in the labor sphere, it is consistent to talk only about the possibility of their becoming as norms of jus cogens
Lyutov, N.L. NORMS OF JUS COGENS AND INTERNATIONAL LABOR LAW / N.L. Lyutov // LEX RUSSICA (РУССКИЙ ЗАКОН) .— 2014 .— №12 .— С. 169-178 .— URL: https://rucont.ru/efd/409932 (дата обращения: 19.04.2024)

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LEX RUSSICA PUBLIC INTERNATIONAL LAW N.L. Lyutov* NORMS OF JUS COGENS AND INTERNATIONAL LABOR LAW Abstract. <...> Taking into account the possible appearance of a jus cogens norm without consent of a sovereign state, the conservative practice of international tribunals in respect of this type of legal norms, as well as the dangers of using this concept not to protect human rights but purely for political purposes, the article suggests a cautious attitude to the norms being considered. <...> On the basis of decisions of international courts the held legitimacy of jus cogens norms in international labor law can be stated with respect to the prohibition of discrimination, as well as the prohibition of slavery as the extreme form of forced labor. <...> As applied to the other, albeit the most important human rights in the labor sphere, it is consistent to talk only about the possibility of their becoming as norms of jus cogens. <...> Key words: jurisprudence, jus cogens, labor law, international labor law, International Labor Organization, ILO Declaration of 1998, imperative norms, fundamental principles. <...> T 1 he Vienna Conventions on the Law of Treaties of 1969 and 1986 state1 that if an international treaty conflicts with an imperative norm of general international law (jus cogens), it is void. <...> The jus cogens norm itself is understood as a norm «. which is accepted and recognized by the international community of states as a norm as a whole deviation from which is unacceptable and which can be modified only by a subsequent norm of general international law, having the same character»2 . <...> A similar notion of universally recognized principles and norms of international law is given by the Plenum of the Supreme Court of the Russian Federation, which comes from the fact that under the genSee Article 53 of the Vienna Convention on the Law of Treaties 1969 // Collection of International Treaties of the USSR. № XLII. 1988. <...> Article 53 of the Vienna Convention on the Law of Treaties between States and international organizations or between international organizations 1986 // Public International Law. <...> P. 87–113. 2 Ibidem. erally recognized principles of international law «. should be understood the imperative fundamental norms of international law, adopted and recognized by the international community of states as a whole, deviation from which is unacceptable», and under the general <...>