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L'identification Des Règles Fondamentales, Un Problème Résolu ?

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Chapter Summary

The concept of jus cogens, which was discussed at length for a long time during the sixties and the seventies in connection with the work of the International Law Commission on the law of treaties, has now been accepted almost unanimously. By contrast, this consensus disappears concerning the content of jus cogens and even its definition. The identification of the basic rules raises two problems: first, which authority is called upon to define and identify them? and second, how does this identification take place? The process of identification of the basic rules gravitates around the two poles of international treaty law and international custom. Its complexity is furthermore enhanced on account of the variations of the basic rules in the temporal (new rules of jus cogens) as well as in the regional dimension (regional jus cogens).

Keywords: international custom; International Law Commission; international treaty law; jus cogens



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