Document Type : Article
Authors
1 Faculty Member of the Institution for Research and Development in the Humanities (SAMT)
2 L.L.M in International Law, School of International Relations of Ministry of Foreign Affairs
Abstract
Peremptory norms in any legal system lead to the formation of a hierarchy among norms and their regulation. Until recent decades, international law had not formally recognized this fundamental concept. Indeed, there were few references to this concept in case law and legal teachings and theories. The existence of peremptory norms (jus cogens) in international law requires its acceptance and recognition by states. Therefore, the practice of states in this regard is of particular importance. Certain states, such as France, have never agreed with such a concept, and others like Iran, have had their own special views on the compulsory dispute settlement procedures regarding jus cogens and listing of jus cogens examples. The examination of Iran's approach to the identification of jus cogens and related issues, particularly in the recent study of the International Law Commission on jus cogens, is the subject of this article. Iran’s practice in this regard, demonstrates its adherence to the values of the international community and ways of interacting with it.
Keywords
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