Assoc. Prof. Hasan Oktay PhD, Emina KARO PhD candidate

JUS COGENS RULES IN THE INTERNATIONAL TREATY LAW

Abstract

ABSTRACT

The freedom of the states to contract is one of the basic principles of international law that has emerged as a result of the principle of sovereignty of the states. On the other hand, it has been argued that exceptions from this corner principle may not exist, and it is argued that states should not have freedom to contract, or more precisely, to negotiate on those issues that concern the fundamental interests of the international community as a whole. Such rules are established as “ius cogens” with the 1969 Law on Treaties (known as “The Vienna Convention”) are referred to as “strict normative rules” or “provisions”. The definition, extent, function and effects of these rules, which are introduced to international law by the 1969 Vienna Conventions are
examined in the light of the provisions of the Convention and the main emphasis was given to the distinguishing characteristics of ius cogens norms rather than the “ordinary” ones. This paper examines the ius cognes rules in the context of peremptory rules issue as one of the main concerns of international law.

Keywords: Treaty Law, Jus Cogens, International.