3 to being an element of general international law or customary law, because the normative of jus gentium should, by definition, “be the same for all the subjects of the international community"5 (para. 60).6 The State’s obligation to respect and to guarantee the principle of equality and non-discrimination has the nature of real obligations erga omnes. 9. What I would like to add here, in this separate opinion, is that, nowadays, the judicial recognition of the jus cogens nature of the basic principle of equality and non-discrimination is evident in case law not only in advisory matters, but also, as attested to by this judgment in the Case of YATAMA – in the cases heard by this Court, thus making a positive contribution in the vanguard of the development of the bases of international human rights law itself. Antônio Augusto Cançado Trindade Judge Pablo Saavedra Alessandri Secretary Rights (publ. No. 1), 1990, p. 4, and cf. pp. 1-44 (study reproduced in T. Opsahl, Law and Equality Selected Articles on Human Rights, Oslo, Notam Gyldendal, 1996, pp. 165-206). . H. Mosler, "To What Extent Does the Variety of Legal Systems of the World Influence the Application of the General Principles of Law within the Meaning of Article 38(1)(c) of the Statute of the International Court of Justice?", in International Law and the Grotian Heritage (Hague Commemorative Colloquium of 1983 on the Occasion of the Fourth Centenary of the Birth of Hugo Grotius), The Hague, T.M.C. Asser Instituut, 1985, p. 184. 5 . 6 And cf. paras. 61-64.