Analysis on the Legal Definition of Jus Cogens Provided in Article 53 of the Vienna Convention on the Law of Treaties

Hui-Chol Pak, Hye-Ryon Son and Son-Gyong Jong

International Studies, 2022, vol. 59, issue 4, 315-335

Abstract: The 1969 Vienna Convention on the Law of Treaties is a fundamental treaty providing rights and obligations that states assume in the conclusion and implementation of treaties. Some of the provisions of the Convention, however, continue to divide the legal scholarship. One of them concerns the legal definition of jus cogens provided in Article 53 of the Vienna Convention on the Law of Treaties. The international community, particularly the International Law Commission, has exerted strenuous efforts for a long time to reach a consensus on jus cogens . Nevertheless, the legal definition of jus cogens is still open to varying interpretation among different countries and international publicists. In this light, the article analyses the legal definition of jus cogens in three aspects. First, the connotation of the concept ‘peremptory norms of general international law’ is assessed in terms of particular, general and universal international law. Second, it analyses some problems arising in understanding the non-derogability from and modifiability of jus cogens . Finally, the article discusses some issues regarding ‘acceptance and recognition’ of jus cogens by the ‘international community of states as a whole’.

Keywords: Jus cogens; general international law; international treaty; international custom; International Law Commission (search for similar items in EconPapers)
Date: 2022
References: Add references at CitEc
Citations:

Downloads: (external link)
https://journals.sagepub.com/doi/10.1177/00208817221136375 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sae:intstu:v:59:y:2022:i:4:p:315-335

DOI: 10.1177/00208817221136375

Access Statistics for this article

More articles in International Studies
Bibliographic data for series maintained by SAGE Publications ().