التسلسل الهرمي لقواعد القانون الدولي : بين النظرية و التطبيق

Abstract EN

The majority of the legal systems are constructed in hierarchical form, where the regulated inferiors submit to the rules superiors; this logic is inspired by the theory of Hans Kelsan (The pure theory of Law), thus the structural mutations that international law is experiencing are oriented towards the logic of this theory, in fact the composition of the hierarchical international system, in particular after the almost universal confirmation of the existence of jus cogens, érga omnes, article 103 of the united nations treaty.

In this case, a remarkable effect extends the judgments and opinions of the international court of justice; sometimes are opaque or are found in contradiction, it is because of the diversity and expansion of the scope of application of international law.

In order to uncover these shortcomings, we focused on the ICJ ruling in the Lokerbie case, in which the court recognizes the priority of the application of article 103 of the united nations charter when it is in contradiction with the Monterial Convention, as well as the advisory opinion on the use of nuclear weapons in 1996, and after a deep research on this subject, the court gives a new description to the norms of international humanitarian law (intransgressible norms), this is an indicator of the superiority of these norms, it is also considered as an acknowledgment to the hierarchy of norms of the international legal system.