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 NiewęgłowskiSubject(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.
Journal: Zeszyty Prawnicze BAS
- Issue Year: 78/2023
- Issue No: 2
- Page Range: 9-24
- Page Count: 16
- Language: English