Jus Cogens: an European Concept? An Emancipatory Conceptual Review from the Inter-American System of Human Rights

Abstract

The main subject of this paper is to investigate in Latin American international law the existence of a more comprehensive list of jus cogens rules, to the detriment of the one existing in general/Europeanized international law. To do so, through a descriptive and exploratory bibliographical and jurisprudential research, the concept of jus cogens in the field of international law will be investigated in the light of the knowledge forged in the inter-American human rights system, beyond those places considered as traditional, precisely because they are exclusive and dominating. The conclusion reached is that, based on libertarian theses, especially in the area of human rights, it is possible to note the important role of the inter-American plan by offering a counter-hegemonic voice with regard to the understanding of the concept of jus cogens on the basis in its decisions, proving to be a possibility of resistance of the South in the present time, in search of its space in the construction of the international right, from its own knowledge.