International obligations of parts of state territory, arising from peremptory norms of international law

DOI: 10.32523/2791-0954-2022-1-1-40-55

Abstract

Peremptory norms of international law establish non-derogable obligations for all subjects of international law. At the same time, questions often arise regarding the scope of obligations that can be qualified as of erga omnes character, as well as the applicability of such mandatory norms to parts of the territory of a State, both under and beyond its control. This article identifies the principles of determining international rights and obligations arising from the peremptory norms of international law in relation to parts of the territory of a State, including occupied territories, territories of self-proclaimed States, “overseas” territories. The article concludes on the existence of the obligation of parts of the territory of a State, regardless their status, to apply peremptory norms of international law, as well as of the obligation of States to apply such norms to parts of the territory, regardless of the existence of control over such territory, especially in the field of international humanitarian law and human rights law.