Jus cogens is a formidable yet elusive concept of international law.
Since its incorporation in the Vienna Convention on the Law of Treaties
some 35 years ago, it has made tentative inroads into international
legal practice. But its role in international law is arguably less
prominent than might have been expected on the basis of its powerful
potential and in view of wider developments in international law that
call for constitutionalisation and hierarchy, including the processes of
fragmentation and humanization. This volume of the Netherlands Yearbook
of International Law sets out to clarify the concepts and doctrines
relevant to jus cogens and to sharpen the debate on its theoretical
foundations, functions and legal effects. To that purpose, the volume
brings together contributions on the genesis and function of jus
cogens, on the application of jus cogens in specialised areas of
international law and on its enforcement and legal consequences.
Together, they reinforce the understanding of jus cogens as a
hierarchical concept of international law and shed light on its
potential for further development.