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Law and Politics
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Lukashuk, I.I. Conventions, which contradict jus cogens norms of common international law.

Abstract: Professor I.I. Lukashuk’s article is devoted to the study of nature and role of jus cogens norms within the framework of modern international law, their correlation with the public order and freedom of international conventions. This article contains detailed analysis of positions of states and leading legal scholars on this issue. Then Professor Lukashuk comes to a conclusion that while in the past the system of international relations did not reach the sufficient level of organization to create social and political basis for existence of the set of jus cogens norms, after the war, the new international legal order was established. The international community accepted the public order based on jus cogens norms of international law, so international conventions should not contradict this order, which is aimed to avoid use of force in the international relations.



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