Article 64: Emergence Of A New Peremptory Norm Of General International Law (Jus Cogens)
In: Commentary on the 1969 Vienna Convention on the Law of TreatiesSearch for other papers by M.E. Villiger in
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Abstract
This chapter deals about an existing treaty which is in conflict with that norm becomes void and terminates if new peremptory norm of general international law emerges. There is a close relationship between Articles 64 and 53, the latter dealing with the situation of an existing peremptory norm, and the former with the case of a new peremptory norm of general international law. The link is established by the various terms common to both provisions, e.g. the words jus cogens in their respective titles. In view of the central importance of jus cogens, Article 64 appeared justified to include a separate provision in the convention dealing solely with the particular situation of jus cogens superveniens. Article 64 can be qualified as an emerging rule of customary international law.