انتهاك القواعد الدولية الآمرة : حق تقرير المصير في ظل اتفاقية الفلاحة و الصيد البحري بين المغرب و الاتحاد الأوروبي

الملخص EN

The formation of modern international law was, at its beginning, customary rules, gradually gained its Stature, strength and mandatory, through the international practice on the one hand, and through the sense of the international community to the inevitability of the existence of such a rules, surrounded by peremptory nature, to achieve only one goal, which is its role in the organization of international relations between nations, according to correct and sound foundations, as well as its role in maintaining international peace and security which need legal rules of a special class, compelling strongly amid of the international community, this is what led to the emergence of a new range of legal rules characterized by superiority and strength, and the inability to oppose or breach, these were called peremptory international rules, from which other type of binding commitments towards the international community emanated, taking within time high legal principles, were offset by a penalty strictly against anyone who attacks or violate them; among these principles, the right of people who tan under the yoke of colonialism to self-determination, as a right arising from international rules of jus cogens and which do not permit opposition and violation, but indeed rise the international responsibility of States for each diminution or violation of them.