The Peremptory Rules, Jus Cogens
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This paper focuses on the definition and effects of peremptory rules, jus cogens, and its effects on the Law of Treaty, including the ambiguities and polemics involved. The paper explains that international law has emerged as a further step in the agreements among states, the main actors in international relations, for the purpose of using international norms and principles as tools for managing the anarchical condition. The paper asserts that the emergence of jus cogens was seen as a further step in the international order, for making it develop in a parallel line with the evolution of common moral and legal standards in the international community and also drawing it closer to the hierarchical shape of domestic legal systems. The paper concludes that as far as people are driven by self-interest and by conflicting goals which are present in a state of anarchy, there will always room for debates and ambiguities for each notion, even for norms protecting human lives.
From the Paper:"Another article states that if a new peremptory norm of general International Law is established, any existing treaty which is in conflict with that norm becomes void and terminates. So, one effect of this article is that of eliminating as soon as possible any consequence deriving from the provision that conflicts with the peremptory norm. Also, this implies that the contractual previous relation of the parties be established into a new one in conformity with the new peremptory norms. But what can be said with respect to the rights or obligations or situations created through the treaty prior to its termination? The law states that the jus cogens do not have a retrospective effect, meaning that it does not affect any situation created through the treaty before the new peremptory norms were established (Schwelb, 1967). Also the current jus cogens cannot be used to judge over a past treaty or its consequences. But, what would be the grounds for interrupting a treaty to function? Probably, one best explanation is that treaties should be interrupted if the consequences deriving from their execution are against moral norms of which all the States are legally convinced."
Sample of Sources Used:
- Schwelb, E. (1967). Some Aspects of international law commission. The American Society of International Law, 61(4), Retrieved from http://www.jstor.org/stable/2197345
- Cassese, A. (2005). International law. New York: Oxford University Press.
Cite this Analytical Essay:
The Peremptory Rules, Jus Cogens (2010, November 14) Retrieved May 28, 2020, from https://www.academon.com/analytical-essay/the-peremptory-rules-jus-cogens-145543/
"The Peremptory Rules, Jus Cogens" 14 November 2010. Web. 28 May. 2020. <https://www.academon.com/analytical-essay/the-peremptory-rules-jus-cogens-145543/>