Document Type : Research Paper

Author

• sepanta mojtahedzadeh

faculty of law and political sciense. university of mazandaran

Abstract

As a super-norm in the normative hierarchy of international law, the jus cogens has always been associated with some ambiguity in its definition and recognition due to its inextricable link with pure moral principles . In conventional law and also in judicial procedure, it is not defined explicitly and only the general features are mentioned to identify this rule and to create limitations on governments and other subjects of international law in this regard. In this research, in an analytical way and relying on the draft proposed by the International Law Commission in the field of identification and legal effects of the peremptory norms of general international law (jus cogens) approved in 2022 and also with a look at the international judicial procedure and doctrine, we sought to better understand the criteria of identification of jus cogens. The scientific finding of this research is that these criteria must be proven in each case and the importance of a rule by itself does not give that rule a binding status. In fact, any inference and intuitive extraction of jus cogens is rejected both from the point of view of the commission and from the point of view of international judicial procedure.

Keywords

• jus cogens
• international law commission
• criteria to identification
• international customary law
• general principles of law

Main Subjects

• International Law