Apr 05, 2019 · Jus cogens norms cannot be categorised under article 38 because this would disrupt the established formalities, i.e. the hierarchy of international law and the persistent objector principle. Similarly, unilateral declarations cannot be placed under article 38 because of their unilateralism. Legal sources play a somehwhat unique role in ...

A peremptory norm or jus cogens (Latin for "compelling law" or "strong law") is a principle of international law considered so fundamental that it overrides all other sources of international law, including even the Charter of the United Nations. The principle of jus cogens is enshrined in Article 53 of the Vienna Convention on the Law of Treaties:

Apr 05, 2022 · The new norms of an insensitive government. ... Even if there was a conflict, the principle of non-refoulement has obtained jus cogens status, and may thus not be overridden under any circumstances. Additionally, it was held in ...