Abstracts Law

Dissertation on the effective modes of the peremptory norms of general international law (jus cogens): Towards an international community guarantist of law

by Luis Manuel Díaz Acosta

The heart of the problem of the effective modes of the peremptory norms of general international law (jus cogens) lies in their admission in an international community distinctively based on coordination. As such, in fact, it does not have a structure that encompasses all the States over whose will they are imposed and, as a rule, the bodies with certain capacities to enforce the legal consequences of their transgression are limited, among other reasons, due to the need of their individual consent to be able to do so. Then, the task taken upon is to define understandings and practices on the interpretation and application of these norms that overcome the difficulties involved. Even before embarking on this path it will have been intuited that it implies conceiving of the United Nations as an institutional manifestation of the international community and its universalization, when the guarantist theory of law formulated by Luigi Ferrajoli and its proposal for the international arena are brought up in search of useful elements to complete the task – without lack of discussion about the correctness of his reading of the consistency of the international order and the adaptation of its conceptual apparatus – it will be noticed that also do it of its federalization. So, this dissertation will conclude with a series of duties and commitments that achieve the acceptable guarantee of the norms with cogente character immediately and in an optimal way advanced that process.