Lexicon
P O L I T I C A L S C I E N C E A N D I N T E R N AT I O N A L R E L AT I O N S
J U S T I C E BY PIER R E S U B L E Y R A S /A R T C O L L EC T I O N/A L A M Y; D U ND E S R EN T EL N PH O T O BY PE T ER Z H AOY U Z H O U
JUS COGENS dʒ s 'ko dʒ nz / noun Peremptory norm of international law protecting human rights that may not be violated under any circumstance. Origin: From the Latin “compelling law,” jus cogens originated under Roman law. More recently, rules governing interpretation of these fundamental norms were codified in the 1969 Vienna Convention on the Law of Treaties. Usage: Ratified treaties in conflict with a peremptory norm of international law are void. “This century jurists will probably consider recognition of new jus cogens of gender and racial equality, the right to a fair trial, access to medicine and the Internet. “Jus cogens is a sort of super norm. In his classic essay ‘It’s a Bird, It’s a Plane, It’s Jus Cogens,’ international law expert Anthony D’Amato says, ‘If an International Oscar were awarded for the category of Best Norm, the winner by acclamation would surely be jus cogens.’ ”
Alison Dundes Renteln, professor of political science, anthropology, public policy and law, teaches international law and human rights in USC Dornsife’s Department of Political Science and International Relations and at USC Gould School of Law. Her interdisciplinary publications focus on human rights, bioethics and global health, comparative jurisprudence, sensory studies and international public policy. Spring / Summer 2021 | 9
