Juice cogens

The juice cogens are the Norme S imperative S of general International law. This notion is defined by the Convention of Vienna of the May 23rd 1969, in its article 53: For purposes of this Convention, an imperative standard of general international law is a standard accepted and recognized by the international community of the States as a whole as a standard which no exemption is allowed and which can be modified only by one new standard of the general international law having the same character.

Definition of the juice cogens

According to the definitions of articles 53 and 64 of the Convention of Vienna of 1969 the juice cogens is characterized by 4 elements:

These are imperative rules, whose respect is required more imperiously than the obligatory standards. Thus when the violation of an obligatory rule blames the responsibility for the State, the violation of an imperative rule involves, it, the nullity of the contrary treaty (absolute Nullité).
They are rules of the general international law, with universal vocation. It is not question of “regional” juice cogens in the Convention of Vienna even if it is admitted by certain authors.
They are evolutionary rules. The standards of juice cogens do not impose only principles during negotiations of treaties, they also call into question the treaties which were valid at the time of their coming into effect. It is not only any more one condition of validity but also a reason for termination.
They are rules “accepted and recognized” like juice cogens by the international community of the States as a whole:

of the rules recognized and accepted like juice cogens : it is here about a process close to the habit, the juice cogens constituting a hardened usual rule then.
the Community of the States as a whole: this formulation seems to exclude the fact that the juice cogens is a direct demonstration of the international law; it evokes a solidarity and a unit of the international Company.

The juice cogens : right natural and international or transnational law and order

According to Professor Dominique Square, “the recognition of the existence of rules constitutive of juice cogens constitutes a marked and notable return to the idea of " right naturel" ”. These two concepts are rested on the same philosophical base: there exists a certain number of fundamental rules related to the universal conscience and inherent in the existence of any international company worthy of this name .

Mechanism of application

For the treaties between States, article 66 of the convention of Vienna lays down the obligatory competence of the the International Court of Justice which can be seized by unilateral request in the event of disagreement, unless the parts do not agree to resort to the arbitration.

For the treaties to which left the International organizations: the international organizations can take part in a contentious authority in front of the CIJ.

Official dedication in the international jurisprudence of the juice cogens

Although it was always possible to interpret the decisions of the courts or courses arbitration international like referring to the concept of juice cogens , it was necessary to await a recent decision of 2006 so that the CIJ finally dared to pronounce officially the term of juice cogens in one of its decisions.

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