Chapter

The Effect of <i>Jus Cogens</i> in the Law of Treaties

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print June 2008 | ISBN: 9780199546114
Published online January 2009 | e-ISBN: 9780191712203 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199546114.003.0007

Series: Oxford Monographs in International Law

 The Effect of Jus Cogens in the Law of Treaties

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This chapter addresses the impact of jus cogens in the law of treaties. It examines the most classical or traditional case of the invalidity of treaties under Article 53 of the 1969 Vienna Convention on the Law of Treaties. It also examines the practical impact of jus cogens not directly mentioned in, but structurally admitted by, the Vienna Convention: interpretation of treaties, reservations to treaties, suspension, and modification of treaties. In some cases, the impact of jus cogens is direct while in other cases it is mediated through objective treaty obligations (see above Chapter 4). The chapter covers both conceptual aspects and State practice.

Keywords: treaties; validity; interpretation; modification; suspension; reservations; normative conflict

Chapter.  35325 words. 

Subjects: Public International Law

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