- Customary international law — State practice — Peremptory norms / ius cogens
Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.
1 According to established doctrine, once a rule of customary international law has been established and is binding on a State (States), that State cannot exempt itself unilaterally from the obligations imposed by that rule. To avoid the applicability of that rule to itself, the rule must be replaced by a different rule, and in order for a different rule to come into being, other States must recognize that new rule as being applicable. The question then is whether a State that does not want to be bound by a rule can exempt itself from the operation of the rule in...