Selected Prefigurations of the Concept of Obligations Erga Omnes: (b) Jus Cogens
Like obligations erga omnes, norms of jus cogens protect the common interests of states and basic moral values. In addition, the classic examples of norms of jus cogens that emerged during the codification of the law of treaties (which led to the adoption of Article 53 of the Vienna Convention) largely coincide with the examples of obligations erga omnes given by the International Court, and some characteristic expressions attaching to jus cogens (such the international community ‘as a whole’) occur also in the dictum on obligations erga omnes. There are also differences, though, starting from the ‘value-oriented’ approach adopted by the International Court as opposed to the ‘test-oriented’ approach reflected in Article 53 of the Vienna Convention on the law of treaties. This chapter examines the concept of jus cogens, with particular regard to the controversial issue whether norms of jus cogens allow for persistent objectors.
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