Jump to Content Jump to Main Navigation

Part V Jus Cogens beyond the Vienna Convention, 25 A Higher Law for Treaties?

Enzo Cannizzaro

From: The Law of Treaties Beyond the Vienna Convention

Edited By: Enzo Cannizzaro

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 February 2024

Vienna Convention on the Law of Treaties — Responsibility of states — Conflicts between

This chapter deals with the notion of conflict between treaties and jus cogens. It suggests that the classical notion of conflict — conceived of as the impossibility to apply two mutually exclusive rules simultaneously — is inappropriate with regard to the relations between ordinary rules and higher law. A broader notion of conflict, which encompasses also other forms of interference between higher law and inferior law, should be adopted instead. This broader notion can also contribute to determining the role of jus cogens in the legal regime of State responsibility.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.