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The Concept of Jus Cogens and the Obligation Under The U.N. Charter

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2005

Year

Abstract

Kamrul Hossain, a doctoral candidate at the University of Helsinki, asserts that the language of the United Nations charter is preemptory and, therefore any decision made under the auspices of the Charter, should conform to the norm of jus cogens. The notion of jus cogens returns nation-states to the fundamental idea that state actors are a part of an international community and commands respect for "natural law concepts, which maintain that states cannot be absolutely free in establishing their contractual relations.