A Critique on the Concept of Jus Cogens and Its Substantive Content in International Law: A Brief Overview

Diriba Adugna Tulu


The legal concept of jus cogens in international law was introduced by the Vienna Convention on the Law of Treaties (VCLT). This convention does not explicitly define jus cogens. Article 53 of the VCLT instead enumerates the conditions that norms should fill in order to qualify as peremptory norms. This convention, however, is still lack of clarity on the concept of jus cogens norms and its substantive content. In this paper, the authors briefly explained to readers: what does the term jus cogens mean in a general sense; what norms are falling within the catalogue of jus cogens; and how do we decide which norms are jus cogens norms. Hence, this paper deals with problems and difficulties arise under international law with regard to the concept of jus cogens and its substantive content using a conceptual, normative and case approach.

Keywords: Jus Cogens, VCLT, International Law, Peremptory norm.

DOI: 10.7176/IAGS/68-03

Publication date:July 31st 2020

Full Text: PDF
Download the IISTE publication guideline!

To list your conference here. Please contact the administrator of this platform.

Paper submission email: IAGS@iiste.org

ISSN (Paper)2224-574X ISSN (Online)2224-8951

Please add our address "contact@iiste.org" into your email contact list.

This journal follows ISO 9001 management standard and licensed under a Creative Commons Attribution 3.0 License.

Copyright © www.iiste.org