Jus cogens Rules in the Law of Treaties
This study examines the jus cogens rules in the context of the premptory rules issue which is one of the main problematics of international law. The basic presumption of the study is, international law has (and should have) its own rules for protecting the basic values of the international community as all law orders do. The definition, extent, functions and effects of these rules, which are introduced to positive international law by 1969 Viyana Convention of Law of Treaties, are examined in the light of the said Convention and the main emphaises was given upon the distinguishing charecteristics of jus cogens rules other than of "ordinary" ones.
On the other hand, the "effectiveness" of these rules are also studied in detail. In this context, the regulation of the said Convention which gives the power to determine the nullity of the conflicting act solely to the parties and not to the international community the basic value of which is threatened, is also remarkable. As a matter of fact, although it is accepted that jus cogens rules are the rules which have the power to make null and void all the conflicting acts with themselves, giving the authority to start the determining process solely to the parties do not serve the basic aim of these rules, namely "protecting the basic values of the international community".