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What is the legal character of a peremptory norm, or jus cogens norm, in international law?

Correct answer: B. It permits no derogation by states

  • A. It may be set aside by any later treaty
  • B. It permits no derogation by states
  • C. It applies only to domestic criminal law
  • D. It binds only states that expressly accept it

Explanation

A jus cogens norm is accepted and recognised by the international community as a norm from which no derogation is permitted. A treaty conflicting with such a norm is legally defective under the law of treaties.

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International law regulates relations among states and other recognised international actors through treaties, customary practice and general legal principles. Coverage includes statehood and recognition, jurisdiction, diplomatic relations, state responsibility, territory, use of force, peaceful dispute settlement and the role of the United Nations, while distinguishing public international law from private international law.

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