JUS COGENS NORMS IN CONTEMPORARY INTERNATIONAL LAW: PRACTICE AND ENFORCEMENT MECHANISMS

Abstract

The doctrine of jus cogens represents one of the most significant developments in contemporary international law, establishing a category of peremptory norms that protect the fundamental values and interests of the international community. Unlike ordinary international legal norms based primarily on state consent, jus cogens norms possess a superior legal status and prohibit any derogation by states. However, despite their recognition in international law, questions concerning the identification, interpretation, and effective enforcement of these norms remain among the most debated issues in modern legal scholarship.

This article examines the evolution, practical application, and enforcement mechanisms of jus cogens norms within the contemporary international legal system. The research is based on doctrinal legal analysis, comparative methods, and examination of international judicial practice. The study analyzes the theoretical foundations presented by X.T. Odilqoriyev, B.E. Ochilov, Antonio Cassese, James Crawford, and Alexander Orakhelashvili, as well as relevant international legal instruments, including the United Nations Charter (1945), Vienna Convention on the Law of Treaties (1969), Genocide Convention (1948), Convention Against Torture (1984), and Rome Statute of the International Criminal Court (1998).

The findings suggest that although jus cogens norms have contributed to the development of a hierarchical structure in international law and strengthened the protection of universal interests, their practical implementation continues to face challenges due to the decentralized nature of the international legal system. The article concludes that the effectiveness of jus cogens depends not only on legal recognition but also on the development of clearer identification criteria and stronger enforcement mechanisms.