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Article by Dr. Carlos Espaliú Published in Revista Española de Derecho Internacional
UIC Barcelona lecturer Carlos Espaliú’s article “Did the peremptory norm get left in the garage?” was recently published in the latest issue of the Revista Española de Derecho Internacional. Dr. Carlos Espaliú is a full professor of International Law in the UIC’s Faculty of Law and the Director of the Charlemagne Institute for European Studies.
In the article, Dr. Espaliú analyses how, since the 1969 Vienna Convention on the Law of Treaties, the concept of the peremptory norm has, on its own power, acquired a certain strength and annulling capacity, thanks to the protection of international tribunals. This power can be seen in the resolutions, opinions and judgments of different international organizations. Espaliú’s analysis also examines how the peremptory norm has moved beyond the realm of treaties into other sources of international law.
Espaliú answers the question posed by the article’s title in his conclusion. He asserts that if the peremptory norm has not been taken out of the garage very often, it nonetheless seems to be bending towards change. Little by little, he contends, the world is recognizing that this is a tremendously important institution with a promising future within the current framework of public international law.
The Revista Española de Derecho Internacional is a quarterly publication of the Spanish Association of Professors of International Law and International Relations that began publication in 1948. The journal, which is generally doctrinal in nature, includes permanent sections on jurisprudence, practice, and bibliographic information and documentation. The journal’s goal is to share information about events in Spain and its context with the international academic community.