Treaties, Peremptory Norms and International Courts: Is the Hierarchy Theory Treading Water?
Introduction: In its recent report, the ILC addressed two main outstanding issues relating to jus cogens norms: the existence of regional jus cogens and the possibility of an illustrative list.1 The report concludes with draft conclusion 24, which proposes a non-exhaustive list of the “most widely recognised”2 peremptory norms, such as the prohibition of genocide and aggressive use of force. Peremptory […]