Breaking the Cycle of Deferment: Jus Cogens in the Practice of International Law

This article explores how the concept of 'jus cogens' is understood and practiced in the field of international law. While the concept has gained mass acceptance and recognition, the actual legal significance and application is still very much unclear. In Article 53 of the Vienna Conventio...

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Autor principal:	Noémie Gagnon-Bergeron
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2019
Materias:	jus cogens peremptory norms public international law international court of justice international law commission vienna convention on the law of treaties Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/3233b66516be4b5585e3fb91e90f3543
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spelling	oai:doaj.org-article:3233b66516be4b5585e3fb91e90f35432021-11-08T08:17:04ZBreaking the Cycle of Deferment: Jus Cogens in the Practice of International Law1871-515X10.18352/ulr.489https://doaj.org/article/3233b66516be4b5585e3fb91e90f35432019-05-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/489https://doaj.org/toc/1871-515XThis article explores how the concept of 'jus cogens' is understood and practiced in the field of international law. While the concept has gained mass acceptance and recognition, the actual legal significance and application is still very much unclear. In Article 53 of the Vienna Convention on the Law of Treaties, peremptory norms are defined as those which are ‘non-derogable’ but nevertheless require the ‘acceptance and recognition’ from the international community as a whole. This process of acceptance and recognition had to be developed through state practice and judgments from international courts and tribunals. Accordingly, this article examines how 'jus cogens' has been interpreted by those actors, without ignoring the contributions from academic scholarship and reports of the International Law Commission. Through analysing these sources, it becomes clear that the task of clarifying the content and legal meaning of the concept is continuously being deferred amongst the relevant actors. After demonstrating this tendency, the remaining sections of the article discuss why this is happening, whether it is forth fixing and if so how that change could come about.Noémie Gagnon-BergeronUtrecht University School of Lawarticlejus cogensperemptory normspublic international lawinternational court of justiceinternational law commissionvienna convention on the law of treatiesLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 15, Iss 1, Pp 50-64 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	jus cogens peremptory norms public international law international court of justice international law commission vienna convention on the law of treaties Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	jus cogens peremptory norms public international law international court of justice international law commission vienna convention on the law of treaties Law in general. Comparative and uniform law. Jurisprudence K1-7720 Noémie Gagnon-Bergeron Breaking the Cycle of Deferment: Jus Cogens in the Practice of International Law
description	This article explores how the concept of 'jus cogens' is understood and practiced in the field of international law. While the concept has gained mass acceptance and recognition, the actual legal significance and application is still very much unclear. In Article 53 of the Vienna Convention on the Law of Treaties, peremptory norms are defined as those which are ‘non-derogable’ but nevertheless require the ‘acceptance and recognition’ from the international community as a whole. This process of acceptance and recognition had to be developed through state practice and judgments from international courts and tribunals. Accordingly, this article examines how 'jus cogens' has been interpreted by those actors, without ignoring the contributions from academic scholarship and reports of the International Law Commission. Through analysing these sources, it becomes clear that the task of clarifying the content and legal meaning of the concept is continuously being deferred amongst the relevant actors. After demonstrating this tendency, the remaining sections of the article discuss why this is happening, whether it is forth fixing and if so how that change could come about.
format	article
author	Noémie Gagnon-Bergeron
author_facet	Noémie Gagnon-Bergeron
author_sort	Noémie Gagnon-Bergeron
title	Breaking the Cycle of Deferment: Jus Cogens in the Practice of International Law
title_short	Breaking the Cycle of Deferment: Jus Cogens in the Practice of International Law
title_full	Breaking the Cycle of Deferment: Jus Cogens in the Practice of International Law
title_fullStr	Breaking the Cycle of Deferment: Jus Cogens in the Practice of International Law
title_full_unstemmed	Breaking the Cycle of Deferment: Jus Cogens in the Practice of International Law
title_sort	breaking the cycle of deferment: jus cogens in the practice of international law
publisher	Utrecht University School of Law
publishDate	2019
url	https://doaj.org/article/3233b66516be4b5585e3fb91e90f3543
work_keys_str_mv	AT noemiegagnonbergeron breakingthecycleofdefermentjuscogensinthepracticeofinternationallaw
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Breaking the Cycle of Deferment: Jus Cogens in the Practice of International Law

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