Jus cogens is a formidable yet elusive concept of international
law. Since its incorporation in the Vienna Convention on the Law of
Treaties some 35 years ago, it has made tentative inroads into
international legal practice. But its role in international law is
arguably less prominent than might have been expected on the basis
of its powerful potential and in view of wider developments in
international law that call for constitutionalisation and
hierarchy, including the processes of fragmentation and
humanization. This volume of the Netherlands Yearbook of
International Law sets out to clarify the concepts and doctrines
relevant to jus cogens and to sharpen the debate on its theoretical
foundations, functions and legal effects. To that purpose, the
volume brings together contributions on the genesis and function of
jus cogens, on the application of jus cogens in specialised areas
of international law and on its enforcement and legal consequences.
Together, they reinforce the understanding of jus cogens as a
hierarchical concept of international law and shed light on its
potential for further development.
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