Analysing the Relationship Between Peremptory Norms of General International Law (Jus Cogens) and Obligations (Erga Omnes)

Abstract

The proposition that obligations erga omnes flow from peremptory norms of general international law (jus cogens) is generally accepted since no clear test for the identification and determination of obligations erga omnes exists. This article seeks to propose a tentative legal framework to govern the identification of obligations erga omnes, particularly for norms that have not reached the status of peremptory norms of general international law (jus cogens), or at the very least, determine erga omnes without placing reliance on whether the obligation in question arises from a norm with jus cogens status.