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ius cogens
That part of international law which is peremptory in character. Accordingly, it is not permissible for two or more states, as among themselves, to modify such law. The idea that some part of international law is of this nature was referred to with great frequency during the second half of the twentieth century, and can thus be said to have become orthodox. However, the identification of the relevant legal norms is a matter of some difficulty. It has been suggested that they include rules of a fundamental kind regarding the maintenance of peace, humanitarian issues, the territorial integrity and political independence of states, and the right of all states to enjoy certain common resources (such as those which lie on the bed of the high seas). It is unclear, however, what practical benefits follow from the designation of such widely accepted norms as ones of ius cogens; and some think that the concept might even be disadvantageous, in that it could facilitate the breach of onerous obligations, or be used to justify interference in matters of domestic jurisdiction. But it remains that, formally speaking, the concept of ius cogens has entered the language of international law and diplomacy. Possibly it reflects the rhetorical popularity of the idea of an international community despite, or even because of, the fact that to many observers international relations (sense 2) fall some way short of that condition. |
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