Jus Cogens and the Vienna Convention on the Law of Treaties: A Critical Appraisal (1974) (Österreichische Zeitschrift für öffentliches Recht und Völkerrecht - Supplementa #3)

By: Jerzy Sztucki

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Synopsis: Art. 53 of the Vienna Convention on the Law of Treaties of 23 May, 1969 (hereafter referred to as "the Convention")1, entitled "Treaties conflicting with a peremptory norm of general international law (jus cogens)", contains the following provision: «A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purpose of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from whidt no derogation is permitted and whidt can be modified only by a subsequent norm of general international law having the same dtaracter". The concept is extended to newly emerging peremptory norms of general international law. Art.64 of the Convention, entitled "Emergence of a new peremptory norm of general international law (jus cogens)", runs as follows: "If a new peremptory norm of general international law emerges, any existing treaty whidt is in conflict with that norm becomes void and terminates".