Publıc Internatıonal Law I Deneme Sınavı Sorusu #1210988

Which one of the following terms is used if, at the time of its conclusion, a treaty conflicts with a peremptory norm of general international law?


Conflict with a Norm of Jus Cogens

Coercion

Fraud and corruption of the state representative

Error

Violation of domestic law


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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