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Sumary
The article is a tribute to late judge Antonio CASSESE that studies one of his final papers on the role of jus cogens norms in International Law, published posthumously in 2012. In order to do this, the author tries to prove, using CASSESE’s views and analyzing the latest decisions of different international tribunals, that the essential aim of enhancing the role of peremptory norms is not an impossible one. Apart from this, this article examines not only with the notion of fragmentation of International Law, but also with the solutions that imperative norms could bring to normative conflicts in International Law. Last but not least, the author offers a perspective on the risks that could be derived from the misuse of the concept of jus cogens norms in order to justify every decision of a tribunal without a solid argumentation. |
