Showing posts from September, 2020

Jus cogens norms have been called the superheroes of international law because they are both extremely powerful and completely fictional. Is this characterization accurate?

“Jus cogen” norms are rules of customary international law that have become so familiar in the system that they are treated as the inviolable rights under the international law. It has to be noted that customary international law is created through custom and this indicates that the acceptance of persistent unlawful acts by other states over a period of time creates a new legal principle under international law. In ordinary circumstances, a treaty obligation will prevail over customary international law unless that specific law has gained the status of a “jus cogen” norm.Hence, the States considers the “Jus cogens” norms as inviolable. This essentially means that any international instrument will not apply if its effect would be to violate a “jus cogens” norm. And neither will contrary State practice give rise to a new custom of international law.These norms are extremely powerful as these norms were created when State practice by a significant majority of States along with the releva…