The principle of permanent objector and jus cogens in contemporary international law

Document Type : Original Article

Author

Political Science Lecturer, Faculty of Politics and Economics, Suez University

Abstract

The purpose of this study is to identify the rules of customary international law as one of the main sources of the rules of international law and their binding nature vis-à-vis all subjects of international law, so that no unilateral right may be exercised by any State vis-à-vis those rules.
The study also seeks to discuss the doctrine of the persistent objector, as one of the exceptions to the general character of the rules of international custom, its definition, and conditions for its operation, the role it plays within the international legal system as a compromise between the binding of customary rules and the principle of State sovereignty and the latter's requirement that States consent or make no objection to emerging customary rules.
As well as addressing the concept of the peremptory norms "jus cogens", a set of norms that transcends other norms, because of their basic human principles and values; Because of that importance, a State may not invoke the doctrine of the persistent objector to those rules and cannot derogate from or override them, thus constituting a limitation on the persistent objector.

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