Critical Analysis of Jus Cogens and Limitations on the Security Council's Powers
Year: 2026
Type: article
Abstract: The Latin term "jus cogens" (sometimes known as "ius cogens") literally translates to "compelling law”, they are peremptory norms and no derogation is allowed for such acts even if they are allowed in any treaty. It is based on the Roman legal principle that, because of the basic principles they uphold, some legal requirements cannot be disregarded. This research paper is focused on the issue of peremptory norms (jus cogens), formulated in the 1969 Vienna Convention on the Law of Treaties, and its effectiveness. It thus examines the nature of jus cogens and its enforcement in the international law. The focal problem that the research addresses is the lack of clarity attached to jus cogens and its subsequent effects on effective implementation. Further the criterion under jus cogens are sufficient or not or does it requires change in its definition due to changing activities in international aspect. To wonder why jus cogens remains ineffective and to see what can be done, and by whom, to enhance its impact is the main goal of this study. This research also focuses on the legal basis of jus cogens and its implementation. Furthermore the powers of Security Council’s and its limitations.
Author: Damini M
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7161976581
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