The Right of Traits and Norms of Jus Cogens

The Imperative and Preeminence of Structured Norms of International Law

Abstract

The main objective of this work is to examine the issue of State responsibility for violations of human rights traits committed by non-party States, as well as the prevalence of jus cogens norms. States justify their position of real value by arguing that, although certain international norms are not respected and are based on conventional law established by the Vienna Conventions of 1969 and 1986, they can continue to exercise their sovereignty without being held responsible, particularly in respect of the principles of free and clear consent and good faith (the rule of pacts must be kept), since they do not ratify any treaty in this matter. In this way, further violations of human rights can be committed without involving the international responsibility of States, respecting the right conferred by the traits and the arguments advanced in this regard by States. In this respect, the importance of court rules is evident, as are the gaps in the subject matter and the need for strict regulation for States that are not compliant, these rules constituting the peremptory norms of international law. The deductive method of analysis and the bibliographic research technique are not useful.