Jus Cogens and the Law of the Sea

Abstract

This chapter questions whether public international law, and specifically whether the discipline of the law of the sea incorporates the notion of jus cogens . It further analyzes which norms of the codified law of the sea need to be considered as cogent law. The author holds that jus cogens norms are those legal norms in international law that originate and are derived from the conscience of humanity and are considered peremptory for the coexistence of subjects of international law within the international community of States. The chapter narrows down exclusively to the question: can the notion of jus cogens be found not only in internal (national) legal systems, but also in public international law? It is the purpose and aim of the chapter to establish with all certainty, whether the law of the sea should make a difference between dispositive law and cogent law norms. Keywords: internal legal systems; jus cogens ; law of the sea; public international law