Q.

1
The concept of jus cogens, which is a foim of customaiy law, is uefineu by the 1969
vienna Convention Law of Tieaties as a "pieemptoiy noim". This means that is a
piinciple that can nevei be alteieu oi voiueu, not even by a tieaty. It can only be
alteieu oi ieplaceu by a "subsequent noim of geneial inteinational law having the
same chaiactei"(lesson S). A noim can be consiueieu jus cogens if it is univeisally
accepteu as a law, anu it is geneially iecognizeu anu accepteu by states as a noim,
which can nevei be ueiogateu. Examples of jus congens aie the geneially accepteu
piohibitions against slaveiy, piiacy anu genociue. }us cogens aie a veiy impoitant
pait of inteinational law uue to its natuie. It is the only component of inteinational
law that cannot be ueiogateu anu has the ability to impose obligation on pait of
states anu othei inteinational bouies to enfoice noims univeisally. }us cogens aie
also impoitant because they can oveicome soveieignty anu juiisuiction. They aie
also most likely to be suppoiteu by state action uue to its moial anu ethical natuie.
Noieovei, they seive as a guiuing piinciple of states.
1he noLlon of [us cogens ls a derlved from Lhe concepL of naLural law. !us cogens ls
derlved from Lhe acLlons of humanlLy and Lhus from naLure. lL can be argued LhaL ls
argued lL came as a resulL of eLhlcal and morallLy conslderaLlon. Powever, Lhe unlversal
accepLance of Lhe law ls as Lhe resulL of legal poslLlvlsL vlew of Lhe sLaLes. Legal poslLlvlsL
belleves LhaL ln Lhe preservaLlon of Lhelr self-lnLeresL ln every declslon Lhey make.
l belleve LhaL Lhe role of [us congens very lmporLanL due Lo lLs robusL naLure. Laws of
[us congens can never be modlfled and Lhls ensures Lhe proLecLlon of humanlLy. lor
example slavery can never accepLed as a norm and pracLlced by a sLaLe wlLhouL
ramlflcaLlon from Lhe lnLernaLlonal communlLy. !us cogens ,Lherefore, serves as Lhe
lnLernaLlonal communlLy morallLy gulde.


Q.2
The statement underlines the importance of object and purpose test and its role in
promoting cooperation and stability in the international system. The object and purpose
test is derived from the concept of reservation. Reservation is the defined as the act of
withholding complete consent in a treaty. It occurs when a state raises an objection to
specific clause but accepts the purpose of the treaty. This issue of reservation was
detrimental to the signing of treaties until the adoption object and purpose tests by the
UN general Assembly. This test can be found in Article 17 of Vienna Convention on the
Law of Treaties Reservations. Object and purpose tests are allowed in all treaties, except
when a treaty explicitly prohibits it: treaty forbids a specific type of reservation being
made; reservation(s) are incompatible with the object and purpose of the treaty (Lesson
4).
The object and purpose test, therefore, promote cooperation among states since it
allows state to have reservation to specific issue of treaty without compromising the over
all law and bringing about anarchy. This concept, thus, can be described as a vital
component of international law since, one the aim of the international laws is to
promote cooperation among states, and this test helps to facilitate it.

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3454)4-+46
Bixon, Naitin. "Chaptei 2: The souices of Inteinational Law" In !"#$ &''( ')
*)$"+),$-'),. /,0, by Naitin Bixon, 24-S4. Lonuon: 00P 0xfoiu, 2u1S.
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C41$'9,+> *)$"+),$-'),. /,0 5 ="@'):,+> ='4+@"1? 2u14.
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