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

Abstract

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 31^st 2020