Hypothesis disposition sanction

Legal Norm -a mandatory rule of social behavior established by the state. Like all of law, a legal norm aims at developing certain social relations in the interests of the ruling class. A legal norm indicates the conditions of its execution, the subjects of the relationships that it regulates, the mutual rights and duties of the subjects, and the sanctions for failure to perform a duty. Legal norms are adopted byauthorized state agencies, and they are made binding by the state through the fostering of legalconsciousness in its citizens and the application of measures of state coercion to violators of the legal norms. The body of legal norms in a given society constitutes its law.

A legal norm consists of three parts: the hypothesis, which sets forth the conditions under which aperson should be guided by the given legal norm; the disposition, which indicates the rights andduties of the participants in relations arising under the circumstances envisioned in the hypothesis;and the sanction, which defines the consequences for persons who violate the prescriptions of aparticular norm. In criminal laws, a legal norm usually consists of two parts: a disposition (theelements of a criminally punishable action) and a sanction (the penalty for committing the particularact).

5. Імперативні норми МП

A peremptory norm - is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted.

Unlike ordinary customary law, which has traditionally required consent and allows the alteration of its obligations between states through treaties, peremptory norms cannot be violated by any state "through international treaties or local or special customs or even general customary rules not endowed with the same normative force".[4]

Discussions of the necessity of such norms could be traced as far as 1758 (Emmerich de Vattel, Droit des gens) and 1764 (Christian Wolff, Jus Gentium), clearly rooting from principles of natural law.[5]

But it was the judgments of the Permanent Court of International Justice that indicate the existence of such a peremptory norm. In the Wimbledon Case in 1923, not mentioning peremptory norms explicitly but stating how state sovereignty is not inalienable.[6]

Under Article 53 of the Vienna Convention on the Law of Treaties, any treaty that conflicts with a peremptory norm is void.[7] The treaty allows for the emergence of new peremptory norms,[8] but does not specify any peremptory norms. It does mention the prohibition on the threat of use of force and on the use of coercion to conclude an agreement:

"A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character."[9]

The number of peremptory norms is considered limited but not exclusively catalogued. They are not listed or defined by any authoritative body, but arise out of case law and changing social and political attitudes. Generally included are prohibitions on waging aggressive war, crimes against humanity, war crimes, maritime piracy, genocide, apartheid, slavery, torture. As an example, international tribunals have held that it is impermissible for a state to acquire territory through war.

7) Кодифікація та інкорпорація

Codification

Codification is the process through which rules of law are committed to written form. It is usually mentioned in one breath with progressive development. Within the broader topic of the sources of international law, codification holds a peculiar place. The process of codification tends to change the law, because transforming unwritten rules into written rules requires precision, systematization, and definition of the relevant terms and rules. These changes can be minor or substantial. As all authors agree, “pure” codification does not exist; it always involves some measure of change. When this change is substantial, it is often is called “progressive development” or “legislation.

History knows both epic failures and celebrated successes. The former includes the 1930 Hague Conference and some of the projects of the International Law Commission (ILC). The latter includes the Vienna Convention on the Law of Treaties and the Vienna Conventions on Diplomatic and Consular Relations. Codification is often seen as beneficial, increasing certainty through the rule of law and the development, coherence, and sophistication of international law. Yet, it is also criticized for decreasing flexibility, creating discord, and creating uncertainty through the vagueness and generality of provisions in codification treaties due to the requirement of consensus. Most post-1945 writings on codification also discuss, analyze, and criticize the work of the ILC, undoubtedly the most influential codifier since its creation.

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