The Constitution of the Russian Federation and International Law: A Theoretical Approach to the Concept of "Generally Recognized Principles and Norms of International Law» and jus cogens

Abstract

The paper contains analysis of a specific concept of generally recognized and norms of international in comparison with the phenomenon designated by the term 'jus cogens' and common to the Western legal doctrine and case law. A special issue in the theoretical analysis thereof relates to a comparative law approach to the results of the past and present stages in examination of the same terms performed by the UN International Law Commission. The examination in question was affected within the framework of codification of the law of international treaties in the 60s of the twentieth century and the current specific work in respect of jus cogens. These two terms currently coexist in the international law doctrine and practice neighboring with others, i.e. the terms that are also included into the range of 'principles:' basic principles, of law, principles of general international law, etc., which requires appropriate allocation of meanings among them.