Normative aspects of jus cogens identification in Vienna
Convention on the Law of Treaties Cover Image

Normative aspects of jus cogens identification in Vienna Convention on the Law of Treaties
Normative aspects of jus cogens identification in Vienna Convention on the Law of Treaties

Author(s): Krzysztof Niewęgłowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: jus cogens;Vienna Convention on the Law of Treaties;peremptory norms;international law

Summary/Abstract: Article 53 of the Vienna Convention on the Law of Treaties is a codification of jus cogens norms of international law. The purpose of this provision is to enable peremptory norms to be identified without including examples of them or a catalogue of such norms in the treaty. In order for a legal norm to acquire a peremptory status, it must meet the sociological, normative and axiological criteria set out by the Convention. A legal norm that acquires a jus cogens status must already exist and derive from a particular source of international law. It is only through its adoption and recognition as jus cogens that it acquires its special status.

  • Issue Year: 78/2023
  • Issue No: 2
  • Page Range: 9-24
  • Page Count: 16
  • Language: English
Toggle Accessibility Mode