<論説>ユース・コーゲンスに関する諸規則の形成過程 : 国際法委員会及び条約法会議における討議を中心として

概要

論文の詳細を見る
The Vienna Convention on the Law of Treaties, whose adoption in 1969 marked an epoch in the hisory of the codification of international law, at last came into force on 27 January 1980 after eleven years' incubation. As everyone will readily admit it, the Convention offers the international community an indispensable foundation on which the international agreements are to be formalized. Perhaps, the provisions relating to jus cogens (peremptory norm of general international law) are among the most remarkable in the framework of the Convention; for the concept of jus cogens as a positive legal norm unavoidably raises fundamental issues not only for the development of the rules on treaty-making but also for the whole structure of international law. The writer maintains that the reservation formulated by Tunisia, i. e. "the dispute referred to in Article 66 (a) requires the consent of all parties thereto in order to be submitted to the International Court of Justice for a decision", was a serious setback in the promotion of the new regime. For Article 53 does not offer any clear-cut definition of jus cogens and that might be a source of difficulty in the future. The writer then proceeds to unveil legislative history of the articles related to jus cogens and seeks to clarify, in some details, the substance of jus cogens and meanings of the related articles.
関西学院大学の論文
1980-11-30