The International Law Commission's Draft Conclusions on Peremptory Norms

In 2022, the ILC adopted the Draft Conclusions on Peremptory Norms of General International Law. The text of the Draft Conclusions consists of twenty-three Draft Conclusions and addresses two aspects: the identification of peremptory norms and their legal consequences. Attached to the Draft Conclusions is an Annex with a non-exhaustive list of jus cogens norms previously identified by the Commission.

The International Law Commission's Draft Conclusions on Peremptory Norms serves, in part, as a commentary on the ILC's work and provides a broader understanding of the Draft Conclusions from the perspective of an insider. The book goes beyond a commentary, however, as it provides an analysis and evaluation of the broader legal issues raised by the Draft Conclusions. Relying inter alia on the discussions within the Commission and the doctrinal debate surrounding the concepts covered, the book will not only offer explanation of what is addressed in the Draft Conclusions but also an assessment of the choices made by the Commission and the consequences of those choices.

Dire Tladi, Professor of International Constitutional Law, University of Pretoria

Dire Tladi is Professor of International Law at the University of Pretoria and holder of the DST/NRF SARChI Chair in International Constitutional Law and the Future Africa Chair in Global Equity in Africa. Former member and Chair of the UN International Law Commission. He was also ILC Special Rapporteur on Jus Cogens. He was previously legal adviser in the South African Foreign Ministry and Legal Counsel of the South Africa's Permanent Mission to the UN in New York. Tladi also served as Special Adviser to the Foreign Minister

1. The International Law Commission's Draft Conclusions: Setting the Scene
2. Scope of the Draft Conclusions
3. Definitional Issues
4. Identifying Peremptory Norms
5. First Criterion: A Norm of General International Law
6. Second Criterion: Acceptance and Recognition by the International Community as a Norm from which no Derogation is Permitted
7. The Second Criterion: Evidence of Acceptance and Recognition
8. Consequences of Jus Cogens for Treaties
9. Consequences of Jus Cogens for Other Sources of International Law
10. Consequences of Jus Cogens for the Law of State Responsibility
11. Particular Consequences of Jus Cogens Norms
12. Jus Cogens and Interpretation in International Law
13. Recommended Dispute Settlement Procedure
14. Non-Exhaustive List of Jus Cogens
15. Prospects and Concluding Thoughts
Appendix