The present research highlights and develops an understanding of the methodological identification of jus cogens norms by investigating into various international legal documents and scholarly publications.
Author
Biswanath Gupta, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
Jus Cogens norms are considered as compelling law and higher in the hierarchy of sources and over any other source of international law. The concept of jus cogens or peremptory norm of international law is based on the acceptance of fundamental and superior values of human society. These values are within the system and akin to the notion of human-kind and public policy in international legal orders.
The establishment of a rule of jus cogens involves a stringent process. The situation to be careful about is that such norms are not forced upon political or ideological minorities. Articles 53 of the Vienna Convention on the Law of Treaties and the International Court of Justice in various cases have attempted to identify a method for deducting jus cogens norms.
However, all these attempts are either based on customary international law or various treaties without a deeper investigation into the formulation of jus cogens norms. The International Law Commission admits that there is not, yet any generally recognized criterion developed by which to identify a general rule of international law as having the character of jus cogens.
Jus cogens are not necessarily new rules of international law; they reflect the influence of natural law thinking in international law. This norm gives a legal avenue for the enforcement of human rights which is important for bringing about justice in the globalized world.
The present research highlights and develops an understanding of the methodological identification of jus cogens norms by investigating into various international legal documents and scholarly publications.
Published in: Bangladesh Journal of Law
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