Need a mental health break? Curious which State is carrying the natural law torch into the 21st century? Here's a thread for you!

A few weeks ago, I saw the passage below in the topical summary of the GA (6th Comm) discussion of the ILC's latest report on peremptory norms. 1/ https://twitter.com/AdHaque110/status/1243610412630900736
Yesterday, while my 2-year-old napped, I looked through the country statements from the 74th session. I found this letter from Armenia. It's kind of great. 2/

http://statements.unmeetings.org/media2/23328797/armenia.pdf
If moral law is the basis of peremptory norms, then it is their nature to protect and reflect fundamental values, per Draft Conclusion 3.

But DCs 4 and 5, which base peremptory norms on pre-existing treaty, custom, or general principle, have to go. 3/
https://legal.un.org/ilc/reports/2019/english/chp5.pdf
If moral law is the basis of peremptory norms, then it is their nature to protect and reflect fundamental values, per Draft Conclusion 3.But DCs 4 and 5, which base peremptory norms on pre-existing treaty, custom, or general principle, have to go. 3/ https://legal.un.org/ilc/reports/2019/english/chp5.pdf
If moral law is the basis of peremptory norms, then it is their nature to protect and reflect fundamental values, per Draft Conclusion 3.But DCs 4 and 5, which base peremptory norms on pre-existing treaty, custom, or general principle, have to go. 3/ https://legal.un.org/ilc/reports/2019/english/chp5.pdf
If moral law is the basis of peremptory norms, then it is their nature to protect and reflect fundamental values, per Draft Conclusion 3.But DCs 4 and 5, which base peremptory norms on pre-existing treaty, custom, or general principle, have to go. 3/ https://legal.un.org/ilc/reports/2019/english/chp5.pdf
Similarly, if peremptory norms are based on their moral content, not State consent, this helps justify DC 14.3 ("The persistent objector rule does not apply to peremptory norms ...") which Armenia notes (twice) is otherwise ... tricky. 4/
Similarly, if peremptory norms are based on their moral content, not State consent, this helps justify DC 14.3 ("The persistent objector rule does not apply to peremptory norms ...") which Armenia notes (twice) is otherwise ... tricky. 4/
Similarly, if peremptory norms are based on their moral content, not State consent, this helps justify DC 14.3 ("The persistent objector rule does not apply to peremptory norms ...") which Armenia notes (twice) is otherwise ... tricky. 4/
On this view, the identification of peremptory norms looks very different. Acceptance and recognition by ‘a very large majority of States’ may not be required, and endorsement by courts and the ILC itself may suffice. Perhaps it's a question of institutional moral competence.5/
On this view, the identification of peremptory norms looks very different. Acceptance and recognition by ‘a very large majority of States’ may not be required, and endorsement by courts and the ILC itself may suffice. Perhaps it's a question of institutional moral competence.5/
On this view, the identification of peremptory norms looks very different. Acceptance and recognition by ‘a very large majority of States’ may not be required, and endorsement by courts and the ILC itself may suffice. Perhaps it's a question of institutional moral competence.5/
Since the scope of a peremptory norm is determined by moral facts, not social facts, it may *exceed* the scope of pre-existing positive legal norms, with dramatic consequences. 6/
Since the scope of a peremptory norm is determined by moral facts, not social facts, it may *exceed* the scope of pre-existing positive legal norms, with dramatic consequences. 6/
Since the scope of a peremptory norm is determined by moral facts, not social facts, it may *exceed* the scope of pre-existing positive legal norms, with dramatic consequences. 6/
Finally, while others criticized the ILC for not establishing that 'a very large majority of States' support its illustrative list of peremptory norms, Armenia kindly offered an alternative basis: moral law. 7/
Finally, while others criticized the ILC for not establishing that 'a very large majority of States' support its illustrative list of peremptory norms, Armenia kindly offered an alternative basis: moral law. 7/
Finally, while others criticized the ILC for not establishing that 'a very large majority of States' support its illustrative list of peremptory norms, Armenia kindly offered an alternative basis: moral law. 7/
Where do other States stand? This passage from the topical summary made me curious. 8/ https://twitter.com/AdHaque110/status/1243614675494940674?s=20
From what I can tell, Estonia, Sierra Leone, and South Africa 'welcomed the reference to fundamental values' in DC3. 9/

http://statements.unmeetings.org/media2/23328695/-e-estonia-statement.pdf
http://statements.unmeetings.org/media2/23328777/-e-south-africa-statement.docx
http://statements.unmeetings.org/media2/23328748/-e-sierra-leone.pdf
Germany 'emphasized' that the reference to values in DC3 doesn't affect the definition of jus cogens in DC2.

The United States seems to agree. 10/

http://statements.unmeetings.org/media2/22000082/germany.pdf
http://statements.unmeetings.org/media2/21999967/united-states-of-america.pdf
The United Kingdom stated that DC3 was superfluous and should be deleted.

Note that its criticisms are directed at DC3's reference to fundamental values, not hierarchical superiority or universal applicability. 11/

http://statements.unmeetings.org/media2/21999917/-e-united-kingdom-statement.pdf
Finally, which State thinks general principles of law can't serve as a basis for jus cogens? 10/ https://twitter.com/AdHaque110/status/1243612308410114049?s=20
France. 11/

http://statements.unmeetings.org/media2/23328954/france-statement.pdf
And the United States, it seems. 12/

http://statements.unmeetings.org/media2/21999967/united-states-of-america.pdf
This has been your mental health break. Actually, it's been mine. It's been a long month and I just wanted to think about something else for a bit. Hope it helped you, too. Stay safe. 13/13
You can follow @AdHaque110.
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