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Case Note on Belgium v Spain [1970] ICJ Rep. 4: Barcelona Traction Case: Its relevance to jus cogens norm in the area of international human rights protection.
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Case Note on Belgium v Spain [1970] ICJ Rep. 4: Barcelona Traction Case: Its relevance to jus cogens norm in the area of international human rights protection. Many of the parties to the Vienna Convention display a reluctance to accept the principle of jus cogens1, perhaps, since the effect of jus cogens is to make a treaty contrary to jus cogens void, its operation could be a limitation on a State's sovereignty to undertake internal obligations.2 Nonetheless, many still embrace it as being essential to the protection of international human rights. This essay will explore existing and emerging law in relation to the conceptual framework of jus cogens. This will be further demonstrated in the case of Belgium v Spain3 where the Court invoked article 53 and 64 of the Vienna Convention on the Law of Treaties4 and applied the jus cogen principle that there existed an essential distinction between...
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