Sentences with phrase «ius cogens»

It has the status of a peremptory norm, ius cogens, from which no derogation is permitted.15 It is, in particular, embodied in the International Convention on the Elimination of All Forms of Racial Discrimination (1965), which in turn has been legislated into Australian law by the Racial Discrimination Act 1975 (Cth)(RDA).16

In a nutshell, the General Court in its 2005 judgement «discovered» a ius cogens standard which allowed it to review the EU implementing measures as well as, vicariously, the UN measures.

The latter, in its judgement of September 2010 (grudgingly) adopted the reasoning of the Court of Justice (so adieu to the ius cogens standard) and found in favour of Mr Kadi, ruling that the Commission had only paid heed to fundamental rights considerations in the most marginal fashion.

In the House of Lords, however, Lord Bingham disagreed and thought that immunity did not «contradict a prohibition contained in a ius cogens norm, but merely diverted any breach to a different method of settlement».

The Swiss Federal Tribunal goes, as did the European General Court in 2005 (EU General Court (formerly Court of the First Instance), 21st September 2005, case T - 315 / 01, Kadi v Council of the EU & Commission of the EC), in that direction, by holding open the door for not carrying out resolutions which violate ius cogens (BGE 2A.783 / 2006, para. 9.2.).