Question

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Question: what is meant by the term Jus Cogens. Why is it important to international law and what effect does it have on the making of international law.

Answer 1

Jus cogens, whose literal meaning is "compelling law," is the technical term given to those norms of general international law which are argued as superior in terms of hierarchy. In essence, these are a set of rules which are peremptory in nature and from which under any circumstances no derogation is permitted. The doctrine of international jus cogens was established under a strong influence of principles of natural law which maintain that states can not be absolutely free to define their contractual relationships. States had to uphold those fundamental principles which were deeply rooted in the international community

In other words, jus cogens are laws that conform to the basic norm of international public policy and that can not be modified unless there is a corresponding law of the same level. This means the status of the jus cogens rules is hierarchically superior to other ordinary international law laws.
In addition, there are laws, such as pacta sunt servanda, which are preconditions for successful international operation. It is not possible to revoke such a statute.

The laws of jus cogens acquired the character of universal constitutional law for two reasons. Second, they restrict states ' ability to create or change rules of international law. Second, these rules prevent states from breaching fundamental rules of international public policy, as the subsequent laws or violations of rules would be seriously detrimental to the international legal system Clearly defined aspects of the rules of jus cogens are not yet likely to be determined. The presence of such norms is now well known and universally recognized.

As for the contractual existence of jus cogens, accepting such a rule by the vast majority of states will amount to a fundamental legal obligation for the international community as a whole. These are superior laws which bear common values for the whole international community.