CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ PEREMPTORY NORMS OF INTERNATIONAL LAW … šenou mezinárodně právní odpovědnost. V r. 2014 Komise pro mezinárodní právo zařadila otázku norem jus cogens do programu své práce. Lze si jen přát, aby Komise přispěla k bližší- mu vyjasnění obsahu, účinků norem jus cogens a jejich identifikaci. Toto jsou i otázky, jimiž se zabývá tento článek. Key words: Peremptory norms, Jus cogens , general international law, international responsibility, serious breaches of peremptory norms, obligations erga omnes. On the Author: JUDr. Josef Mrázek, DrSc. , Ústav státu a práva AV ČR; Právnická fakulta ZČU Plzeň [Institute for State and Law of the Czech Academy of Sciences; Law Faculty of the University of Western Bohemia in Pilsen]. Research Fellow at Institute of State and Law, Czech Academy of Sciences; Lecturer in Public International Law, West Bohemian University Pilsen, Attorney at Law in Prague; Dr Juris, Charles University (1967); Candidate of Sciences in Law – CSc. (PhD.), 1974; Doctor of Sciences in Law (Dr.Sc.), 1988; Author or co-author of about 250 publications on international public law. Jus Cogens The concept of the jus cogens norm is based upon an acceptance of fundamental and superior values within the international law system and the whole international system. It is generally recognised that peremptory norms are or may be embodied in customary law and (with some author’s reservations) treaty law as well. The question of the relationship between customary and treaty law is rather difficult (in particular concerning the prohibition of the use of force). The notion of peremptory norms has so far nowhere in any official instrument been defined and the qualification of it was in fact left to state practice and the jurisprudence of international tribunals. The concept of jus cogens was developed in international law doctrine, but it is still controversial with regard to the content and methods of its creation. The Vienna Convention on the Law of Treaties of 1969 introduced stipulations concerning jus cogens norms in Art. 53 and 64. Art. 53 provides that: ,,A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognised by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.” Art. 64 then stipulates that: ,,If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates.” The Vienna Convention of 1969 defined a peremptory norm as a norm accepted and recognised by the ,,international community of states as a whole” and as a norm from which no derogation is permitted and which may be modified only by a subsequent norm of general international law having the same character. Art. 66 of the VCLT stipulates that disputes involving the invalidity of treaties on the basis of violation of jus cogens norms under Art. 53 and 64 may be referred to the ICJ. The Vienna Convention adopted the conventional, 1.

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