Socrates. 2019, 3 (15)

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Historical Overview of Jus Cogens Norms, Their Applicability by International Courts and Necessity for Unification
(Rīgas Stradiņa universitāte / Rīga Stradiņš University, 2019) Ukaj-Elshani, Valeza; Prishtina, Republic of Kosova
The principal aim of this paper is the need for standardization of jus cogens norms, which besides their definition by the Vienna Convention on the Law of Treaties have been further developed by international courts. The paper is divided in four parts that include the characterization of jus cogens norms, their development in the early history of international law, the development of these norms by international and regional courts and ends with the need of unification of jus cogens norms. A general conclusion thus can be drawn. The international courts, in order not to become inclined to use controversial terms of jus cogens norms, necessitate for a harmonized system and standardization of these norms in order to further develop jus cogens norms. Thus, the fulfillment of these norms through standardization allows us to think that one day all international wrongful acts will become at some point world-wide derogatory.