Question: The advisory opinions of the International Court of Justice in the Namibia (South West Africa) (1971) I.C.J. Rep. 16 and the Western Sahara (1975) I.C.J. Rep. 12 cases held that the right to self-determination of peoples had achieved the status of jus cogens.
Discuss what these opinions tell us about the status of peremptory norms in international law and how they are created and extinguished.
Answer: What is Jus Cogens? Jus Cogens are the basic and fundamental rules of International Law. A Jus Cogen is a peremptory norm of international law. Jus Cogens have been likened to a Public Order and must have staying power and stability . They are recognised internationally and any Treaty deemed to have Jus Cogen status cannot have reservations entered against it. Jus Cogen’s can only be over-ridden with a similar rule of international law having the same character and are binding on all parties. Article 53 of the VCLT confirms that “A treaty is void if, at the time of conclusion, it conflicts with a peremptory norm”. This theory is also confirmed in Article 50 of the Draft Article on The Law of Treaties and The Stability of Treaties, where it discusses the principle of Ju......(short extract)
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Details: - Mark: 64% | Course: International Law | Year: 2nd/3rd | Words: 1862 | References: Yes | Date written: Not available | Date submitted: September 29, 2008 | Coursework ID: 8
