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Jus Cogens and the Law of Treaties by W-ADYS-AW CZAPLIN-SKI

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Chapter Summary

The concept of jus cogens appeared at the end of the 19th century when some authors claimed the possible invalidity of international agreements contrary to certain imperative norms of international law although it was not possible to identify those norms. The introduction of the concept of jus cogens into the Vienna Convention on the Law of Treaties of 1969 led to important disputes among authors as to the normative nature and importance of that notion. Although ambiguous, it seems to be generally accepted by the international community as an important element of certain moral order in international relations. However, we still expect that the bold experiment of the International Law Commission (ILC) and then the Vienna Codification Conference will be confirmed by the jurisprudence of international judicial bodies, including the ICJ.

Keywords: international law; International Law Commission (ILC); jus cogens; Law of Treaties; Vienna Convention



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