Načela ustanovne listine OZN - jus cogens?

slovenian

2016

volume 53, issue 1

International law   International organizations   Principles of law

Univerza v Ljubljani, Fakulteta za družbene vede
(Obvezni izvod spletne publikacije)

The article discusses the legal nature of norms and principles of international law with a view to considering them as jus cogens in the sense of Article 53 of the Vienna Convention on the Law of Treaties and in the context of general principles of International Law as laid down in Article 2 of the United Nations Charter. The topic is relevant because the International Law Commission, the body of the United Nations (UN) responsible for progressive development and codification of international law, recently introduced the problem of jus cogens on its agenda. Thic paper argues that the fundamental principles of international law as provided in the UN Charter have the nature of jus cogens. According to the author, the criteria to be used in determining jus cogens, including its ability to protect a certain fundamental value at a given state of social development, should prove the existence of an internalized consensus, not merely formal consensus about the content of jus cogens. In this respect, if anything, the principles laid out in the UN Charter should fit into the category of jus cogens, precisely because they enjoy such a broad and deep consensus.

05.09.2018