Publıc Internatıonal Law I Deneme Sınavı Sorusu #1331735

If a new peremptory norm of general international law emerges, what happens with any existing treaty which is in conflict with that norm and why?


Treaty does not terminate as it had started before the new norm emerged.

Treaty does not terminate but some aspects of it may be changed in order for it to be more compatible with the new norm.

Treaty terminates on grounds of fraud.

Treaty becomes void and terminates on grounds of violation of domestic laws.

Treaty becomes void and terminates because it is in contradiction with jus cogens.


Yanıt Açıklaması:

A treaty is void ab initio (from the beginning), if at the time of its conclusion it conflicts with a peremptory norm of general international law, i.e., jus cogens (Art. 53). “If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates” (Art. 64). Thus, a treaty is void if it is in contradiction with the existing or new jus cogens.

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