Фидуцијарна теорија као покушај помирења концепта државног суверенитета и концепта међународног jus cogens-a
A Fiduciary Theory As An Attempt To Reconcile The Concept Of State Sovereignty With The Concept Of International Jus Cogens

Summary/Abstract: The existence of norms being in the hierarchy appears as norms that are above the norms of national legal orders, and the ones can be imposed to the states without their consent, is still a controversial appearance in jurisprudence. Although their existence is now unquestionable, there is still a huge dose of resistance in their acceptance making the jus cogens norm in the international law not to be fully explained yet. One of the key reasons why it is so is that this norm appears as a negation of the concept of state sovereignty, since it destroys the concept of the state, as  the unlimited entity in the the legal sense, which is still, for a large part of the scientific community, one of the constituent elements of the state sovereignty. In an attempt to shed a new light onto the nature and origin ofjus cogens norms but also to relax, in the conceptions being offered until now, a conflicting relationship between them and the state sovereignty,  a new theory has appeared that seems to be giving answers to questions that jus cogens brought along. The Fiduciary theory of jus cogens, we think, is certainly one of the most successful attempts in this direction, and we consider of great importance to make familiar the scientific and general public with its basic assumptions and the results of this theory.

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