DOI link for Peremptory law-making
Peremptory law-making book
The term jus cogens is gradually spilling over the limits of scholarly works and is more and more employed in judicial and diplomatic practice. The notion of peremptory law is not used univocally. Quite the contrary, a wide variety of opinion has been expressed as to its nature, its effects and its role in the international legal dynamics. The present chapter does not intend to engage in an in-depth discussion of these different conceptions. It has a more limited scope. It intends to explore jus cogens from a methodological angle by analysing the ways in which jus cogens has been determined in the judicial practice and in particular in the case law of the ICJ. The hope is that such analysis might shed some light, however pale, on the study of one of the most impenetrable mysteries surrounding the notion of jus cogens – namely, how a hierarchically superior norm can assert itself in a legal order deprived of institutionalised law-making procedures.