Finding the Core of International Law – Jus Cogens in the Work of International Law Commission

Zdravković, Ana (2021) Finding the Core of International Law – Jus Cogens in the Work of International Law Commission. In: SEE EU Cluster of Excellence in European and International Law, Series of Papers. Europa Institut, University of Saarbrücken, Saarbrücken, pp. 141-158. ISBN 978-3-946851-42-4

[img] Text
FindingtheCoreofInternationalLaw.pdf - Published Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.

Download (436kB)


The aim of the paper is to contribute to the contemporary debate on the jus cogens norms of international law, especially since the topic is being analyzed by the International Law Commission. Besides providing comments on some of the conclusions of the ILC’s Special Rapporteur concerning various aspects of jus cogens concept, such as the process of identification of these norms or the notion of regional jus cogens, the paper endeavours to shed a new light on the criteria for the creation of these norms by introducing one innovative, so far hidden, requirement that can be deduced from the “Fourth report on peremptory norms of general international law (jus cogens) by Special Rapporteur Dire Tladi”. Respectively, a norm cannot gain a jus cogens status until the International Court of Justice qualifies it as such. Once this additional requirement is recognized and accepted by the whole international community, jus cogens concept can be further developed in order to be completely clarified and to start fulfilling its main functions.

Item Type: Book Section
Additional Information: COBISS.SR-ID 27329289
Uncontrolled Keywords: Jus cogens; Peremptory norms of General International Law; International Law Commission; International Court of Justice
Subjects: Međunarodno javno pravo
Depositing User: Aleksandra Višekruna
Date Deposited: 16 Nov 2022 11:20
Last Modified: 16 Nov 2022 11:20

Actions (login required)

View Item View Item