Peremptory and dispositive norms are provided for in international law . The latter category traditionally includes the vast majority of provisions in the system. They allow deviations by mutual agreement of the entities that apply them.
Peremptory norms of law are provisions of higher legal force. Their responsibility extends directly to all subjects of all areas of cooperation. Peremptory norms are the basis of the entire established system.
For the first time, the concept was applied 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 not deviating. Changes to them can be made only with the help of a subsequent provision in the general system, which is of the same nature.
Given the above definition, specific features that peremptory norms possess are also determined. So, they are addressed exclusively to the international community, which at the same time determines their special status. Peremptory norms are included in the set of norms in general international law and have the highest degree of obligatoriness (obligation) due to the fact that deviation from them is not allowed. The usual mechanism using particular, regional and local acts does not apply to these provisions . Change of peremptory norms can be carried out only by norms with the same status.
The conventions mentioned above also establish the specifics of the time period for the provisions. Compared to others, these rules of law are retroactive. So, in accordance with article 64, when a new provision arises, any other act that contradicts it ceases to be valid and becomes invalid.
The draft articles, reflecting the responsibility of states, enshrined a special regime providing for liability for violation of peremptory norms. In case of non-compliance with any other provisions, the injured state can mainly establish the type of liability and make claims to the violating state. In case of violation of obligations stipulated by the peremptory norm, all countries need to cooperate. This is necessary to prevent non-compliance with the established provisions. At the same time, the right of the injured party to take sanctions (countermeasures) against the violator should not concern obligations that arise from peremptory norms.
As a distinctive feature, the usual origin of these provisions should be noted. Some universal international treaties (the Geneva Convention on Political and Civil Rights, for example) contain prohibitions. Their level of obligation is similar to peremptory norms, but they are not identical. This is due to the fact that the former are addressed to the countries party to these treaties, but not to the entire community as a whole.
It should be noted that the doctrine of international law does not determine specific types of norms that have the status of imperative. However, given the similarity of positions, there are a number of provisions that can be attributed to this category. Such acts, in particular, include the following: principles and main goals in international law, provisions that enshrine moral standards in the world community, enshrined historically, acts enshrining a certain level of humanity regarding respect for human rights, indigenous peoples, national minorities and others.