JUS COGENS КАО ОСНОВ НИШТАВОСТИ И КАО ОСНОВ ПРЕСТАНКА ДЕЈСТВА МЕЂУНАРОДНОГ УГОВОРА
JUS COGENS AS A BASIS FOR NULLITY AND AS A BASIS FOR TERMINATION OF THE EFFECT OF AN INTERNATIONAL AGREEMENT

Summary/Abstract: The Vienna Convention on the Law of Contracts included the jus cogens norm in Article 53 and Article 64. It classified Article 53, which refers to the conflict of a contract with an existing jus cogens norm, into the section on the nullity of a contract, and Article 64, which refers to the conflict of a contract with a newly created imperative norm of general international law (jus cognes superveniens) classified in the part of the Convention that refers to the termination of the international agreement. In this paper, we will first look at the emergence of the jus cogens norm in international law, then we will pay attention to jus cogens as the basis for the nullity of an international agreement, and the emergence of a new imperative norm of general international law (jus cognes superveniens) as the basis for the termination of the international agreement.

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