A Higher Law for Treaties?

Abstract

This chapter deals with the notion of conflict between treaties and jus cogens. It suggests that the classical notion of conflict - conceived of as the impossibility to apply two mutually exclusive rules simultaneously - is inappropriate with regard to the relations between ordinary rules and higher law. A broader notion of conflict, which encompasses also other forms of interference between higher law and inferior law, should be adopted instead. This broader notion can also contribute to determining the role of jus cogens in the legal regime of State responsibility.