التسوية القضائية للنزاع الخاص بالتعارض بين المعاهدات والقواعد الدولية الآمرة (Jus Cogens)

Abstract

We have provided the Vienna Convention on the Law of Treaties of 1969. on the judicial settlement of the arbitration and the International Court of Justice , as a peaceful means to settle the dispute between the contradiction of treaties and international peremptory norms (Jus Cogens) in paragraph (a) of Article ( 66 ) of the Convention . And after that stipulated in Articles (53 ) and ( 64), the provisions relating to conflict of treaties with international peremptory norms, both those that arose before the conclusion of the treaty or the new ones that have emerged in the period subsequent to the conclusion it , and which is determined by the scope of the settlement . According to text paragraph above, the mandate of the International Court of Justice is compulsory in the settle of this conflict, and consensual when forwarded to international arbitration . But should the availability of several conditions the most important, that a dispute arises between two or more parties to the treaty in question, and that the relation of this conflict exclusively the application and interpretation of Articles ( 53 ) and ( 64 ) of the Convention , and the specific mechanism which is either a written request from one of the parties to the dispute to the Court of Justice international , or through a mutual agreement between them by referring to the Court of arbitration . The result , which ends the settlement is the rule that there is no conflict between the treaty and the international peremptory norms, and thus the survival of the treaty valid and enforceable , or report the existence of this conflict , which requires the imposition of the penalty legal stipulated in the Vienna Convention of 1969 which is absolute invalidity of the treaty entirely or partially by circumstances. This provision will arrange the effects provided for in Article (71) of the Vienna Convention on the Law of Treaties of 1969 .