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Jus Cogens (Peremptory Norms)- A Key Concept Of The International Law

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  • Charlotte Ene

    (Department of Law, Bucharest University of Economic Studies, Romania)

Abstract

One of the most important concept of international law, jus cogens, still has a controversial significance. Jus cogens is a Latin term meaning a mangatory or compelling law, and it refers to the peremptory norms of general international law from which derogation is forbidden. Despite the formal recognition of this legal concept, based on articles 53 and 64 of the 1969 Vienna Convention on the Law of Treaties, regarding the nullity of the provisions of a treaty which come into conflict with a peremptory norm, jus cogens has a wider application in the international realm than the law of treaties. Therefore, jus cogens can appear in different forms, such as treaty law, customary law, general principles of law, etc., according to the content of the norms. This paper aims to analyse the significance of this legal concept, the role of it in international law and the relevance of it for the international doctrine and the jurisprudence of international courts.

Suggested Citation

  • Charlotte Ene, 2019. "Jus Cogens (Peremptory Norms)- A Key Concept Of The International Law," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 8(2), pages 302-304, December.
    • Handle: RePEc:sja:journl:v:8:y:2019:i:2:p:302-304
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    Keywords

    international law; jus cogens; peremptory norm; international public order.;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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