Jus Cogens As The Most Prominent Substantial Factor Of International Legal Order

• Main Author: alireza Ebrahimgol
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2019-01-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
• Subjects: "concept" "jus cogens" "legal order" "classical conceptions" "modern conceptions"
• Online Access: http://qjpl.atu.ac.ir/article_9969_2aba03487397e4c9fe8a272145095cfd.pdf

International law, as a scientific trend, has various components (systems, regimes and (sets) of legal rules) that are united by the status or factors so as to become a system. One of the concepts claimed to act as unifying factor in the constituents of international law, making hierarchy and order is the concept of the jus cogens. However, there are controversies in different conceptual and scientific dimensions of jus cogens. After the formation of jus cogens, various views on the concept and definition of it in the field of international law have been emerged. These views can be categorized in two forms of classical and modern understanding of the principle. The view of this study is that the distinct teachings of the highly scholars of international law on the concept of jus cogens suggest that the one-dimensional perspective on jus cogens cannot be a reflection of the fluid and dynamic role of this principle in the modern international legal order. Therefore, nowadays, due to the complexity of international law, jus cogens must inevitably emerge in distinct legal forms and techniques, in order to be able to maintain its system-making feature.