JUS COGENS, PEREMPTORY NORMS AND INTERNATIONAL OBLIGATIONS: INVOCATION OF STATE RESPONSIBILITY IN THE CONTEXT OF LAW OF TREATIES (original) (raw)

This study examines the distinction between breaches of obligations and peremptory norms in the context of erga omnes and jus cogens. This legal research is mostly library based, relying on existing information such as journal articles, case studies, legislations and historical records. The uncertainties regarding the clear definition and content of jus cogens, which create a risk of unpredictable, incoherent and arbitrary decisions, explain the reluctance of international tribunals to apply this concept. This study ultimately leads to the conclusion that the broad and informal rules on state responsibility are actually beneficial for an array of reasons and therefore suggest that it is incumbent on the International Court of Justice to establish under it, an organ that could be created to punish jus cogens violations and monitor how peremptory human rights are especially protected