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JUS COGENS REVISITED

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Matusiak-Frącczak M.
Review of European and Comparative Law
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2016
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vol. 2627
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issue 34
55-64
EN
Jus cogens raises a vital interest of judicature and doctrine of international public law. We may find different views and opinions on the problem of the existence of peremptory norms, as well as their content. On the basis of the analysisof the practice of international judicial bodies, the article constitutes an attempt to define the prerequisites of a jus cogens norm as well as it aims at determination of a current catalogue of peremptory norms. Moreover, this catalogue evolves over time and in future it might be expected that new jus cogens norms will be recognized by the international community.
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The emergence of jus cogens in the Vienna Convention on the Law of Treaties

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Niewęgłowski K.
Zeszyty Prawnicze BAS
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2022
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issue 2(74)
49-65
EN
The aim of this paper is to outline the emergence of jus cogens in the Vienna Convention on the Law of Treaties by analyzing its preparatory works for the Convention and the evolution of the concept itself. The analysis of the foundations of jus cogens norms, both expressed by jurists engaged in the theory and practice of international law before the Vienna Convention was concluded and by the authors of that treaty, is crucial to the proper description and application of the concept of jus cogens in the contemporary international law.
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Book review: Robert Kolb, Peremptory International Law – Jus Cogens: A General Inventory, Hart Publishing, Oxford/Portland: 2015

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Kwiecień R.
Polish Yearbook of International Law
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2016
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vol. 36
287-290
EN
Review of a book: Robert Kolb, Peremptory International Law – Jus Cogens: A General Inventory, Hart Publishing, Oxford/Portland: 2015
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Normative aspects of jus cogens identification in Vienna Convention on the Law of Treaties

88%
Niewęgłowski K.
Zeszyty Prawnicze BAS
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2023
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issue 2(78)
9-24
EN
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.
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