The authors show that jus cogens is a divisive notion and that this mainly depends on the theoretical approach adopted. They use the recent works of the ILC to illustrate that opposing views largely correspond to diverging ways of understanding the structure of the international community. Four specific questions are addressed: 1) can a treaty create jus cogens rules? 2) does jus cogens cover substantive and structural rules of international law, 3) do international courts have jurisdiction with respect to jus cogens?, and 4) can "collective" countermeasures be adopted as a response to jus cogens violations?
Arcari, M., Bonafé, B. (2024). Divisive Jus Cogens. In W.K. Kowalik-Banczyk K. (a cura di), Euphony, Harmony and Dissonance in the International Legal Order (pp. 43-54). Warsaw : ILS PAS Publishing House.
Divisive Jus Cogens
Arcari, M;
2024
Abstract
The authors show that jus cogens is a divisive notion and that this mainly depends on the theoretical approach adopted. They use the recent works of the ILC to illustrate that opposing views largely correspond to diverging ways of understanding the structure of the international community. Four specific questions are addressed: 1) can a treaty create jus cogens rules? 2) does jus cogens cover substantive and structural rules of international law, 3) do international courts have jurisdiction with respect to jus cogens?, and 4) can "collective" countermeasures be adopted as a response to jus cogens violations?
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