Jus Cogens: The Historical Aspect and Contemporary Value for International Law

Abstract

Introduction: the fundamental role of jus cogens principles in codification and progressive development of international law explains the lasting interest in researching its nature and formation mechanism. The analysis of the International Law Commission's work makes it possible to get an informative interpretation of jus cogens conception and to predict some contours of its future development. The purpose of the present article is to analyze different approaches towards the substance of peremptory norms of international law, its elements, outlooks for its future development, to consider the currently applied scientific methodology based on the actual materials of Special Rapporteur of the International Law Commission. Methods: systematic, historical, methods of comparison, interpretation; theoretical methods of logical and structural analysis; specific scientific methods. Results: the analysis of the norms of international law and doctrinal researches in the theory of international law and law of treaties leads us to the conclusion that further development of jus cogens conception could only be justified provided that it is of practical importance to the international community, facing absolutely new threats and challenges. Conclusions: there are no substantial grounds today for the essential progressive development of jus cogens conception; its codification consists primarily in rephrasing of the provisions of Vienna Convention; the nature of the peremptory norm of international law is determined by this Convention.

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