Scope, Methodology and Systemic Failure of the jus cogens Mechanism: The Disconnect between Morality, State Sovereignty and Autonomy.

 

Most international legal scholarship recognizes that the international legal system upholds a category of higher ethical norms known as peremptory norms in common rhetoric of the international legal profession, “from which no derogation is permitted.”[1] These overriding principles of international law form a body of jus cogens — a Latin term signifying ‘compelling law’— that establishes a framework for resolving disputes over treaty law provisions, which are often based on different rules of international law. Peremptory norms are generally interpreted as restricting the freedom of states. Treaties and principles of customary international law that violate jus cogens can be declared to be void since “their object conflicts with norms which have been identified as peremptory.”[2] Continue reading “Scope, Methodology and Systemic Failure of the jus cogens Mechanism: The Disconnect between Morality, State Sovereignty and Autonomy.”