A peremptory norm, also known as jus cogens, is a fundamental rule of international law that states cannot set aside by agreement. This lesson introduces the definition and explains how these norms differ from ordinary international rules.
Article 53 of the Vienna Convention on the Law of Treaties defines a peremptory norm of general international law as one accepted and recognized by the international community of states as a whole, from which no derogation is permitted. It can be modified only by a later norm of general international law that has the same peremptory character.
All flashcards
What is jus cogens?
A peremptory norm of general international law that the international community of states as a whole accepts and recognizes as non-derogable.
What is the effect of a treaty that conflicts with an existing peremptory norm when concluded?
Under Article 53 of the Vienna Convention on the Law of Treaties, the treaty is void.
What does Article 64 of the Vienna Convention address?
A later-emerging peremptory norm that conflicts with an existing treaty makes that treaty void and terminates it.
How can a peremptory norm be modified?
Only by a subsequent norm of general international law with the same peremptory character.
Why is the catalogue of peremptory norms not definitive?
The Vienna Convention defines the category but does not provide a complete list, and the status of particular norms may be debated.
Quiz questions
What did the Permanent Court of International Justice's 1923 S.S. Wimbledon judgment indicate, despite not using the term jus cogens?Answer: That limits could exist on state sovereignty.
When was Dire Tladi appointed as the International Law Commission's Special Rapporteur on jus cogens?Answer: 2015
What action did the UN General Assembly take in 2023 regarding the International Law Commission's jus cogens work?Answer: It took note of the draft conclusions, annex, and commentaries.
What concern did Hilary Charlesworth and Christine Chinkin raise about the established catalogue of peremptory norms?Answer: It privileged some harms while excluding concerns such as sexual equality and reproductive freedom.
In the Domingues matter, what was the legal status of the Inter-American Commission on Human Rights' report?Answer: It was non-legally binding.
Based on the Wikipedia article Peremptory norm, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.