JUS COGENS – Developments in International Law


Abstract: National and international courts, regional and specialized tribunals, all have used in their decisions, at first cautiously and with numerous explanations (related to Public International Law, fundamental rules of general interest or rules creating erga omnes obligations) and subsequently more boldly, the concept of peremptory rules and have come up with examples of such norms. Almost without exception, the doctrine has accepted the existence of peremptory rules (jus cogens) in International Law. The evolution of international practice, especially over the last decade, has led both to the recognition of the existence of peremptory rules and also to the clarification of numerous consequences resulting from the application of this concept in various fields of international law outside the law of treaties. Thus, in this context, the study of the developments in international law with regard to jus cogens norms it is a must.

Key-words: international practice, jus cogens norms, erga omnes opposability, ICC.

* Ion Diaconu is a professor of International Law at the “Spiru Haret” University of Bucharest, former member of the Committee of Experts of the European Charter for Regional and Minority Languages and of the UN Committee for the Elimination of Racial Discrimination, former ambassador, and author of many books on international law and on human rights. The opinions expressed in this paper are solely the author’s and do not engage the institution he belongs to.

Share the Post:

Related Posts

Skip to content