Abstract
The legal concept of jus cogens in international law was introduced by the Vienna Convention on the Law of Treaties (VCLT). This convention does not explicitly define jus cogens. Article 53 of the VCLT instead enumerates the conditions that norms should fill in order to qualify as peremptory norms. This convention, however, is still lack of clarity on the concept of jus cogens norms and its substantive content. In this paper, the authors briefly explained to readers: what does the term jus cogens mean in a general sense; what norms are falling within the catalogue of jus cogens ; and how do we decide which norms are jus cogens norms. Hence, this paper deals with problems and difficulties arise under international law with regard to the concept of jus cogens and its substantive content using a conceptual, normative and case approach. Keywords: Jus Cogens, VCLT, International Law, Peremptory norm. DOI: 10.7176/IAGS/68-03 Publication date: July 31 st 2020
Highlights
IntroductionIntroductory notes on Definition and Nature of Jus Cogens Despite the legal concept of jus cogens was introduced by the VCLT1, its precise defining, criteria or elements, and substantive content were remains in dispute
The legal concept of jus cogens in international law was introduced by the Vienna Convention on the Law of Treaties (VCLT)
The authors briefly explained to readers: what does the term jus cogens mean in a general sense; what norms are falling within the catalogue of jus cogens; and how do we decide which norms are jus cogens norms
Summary
Introductory notes on Definition and Nature of Jus Cogens Despite the legal concept of jus cogens was introduced by the VCLT1, its precise defining, criteria or elements, and substantive content were remains in dispute. The legal nature of the said concept remains a subject of debate with all sort of speculation.. Its content is constantly evolving which brings additional issues to the definition. Defining jus cogens might be the first step in determining its substantive and procedural impact
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