The International Human Right Law And International Jus Cogens

The International jus cogens is the most controversial issue in international law after World War Two. Because of the stillness in theory and practice of international jus cogens, the definition of international jus cogens is now being oppugned by western scholars constantly, who also assailing the rationality, legitimacy, and practicality of the its existence. They argued that this is the antagonistic theory which been brought forward to protest power and the application of some international rules and regulations by the third word countries. They hold that the conception of international jus cogens should be weakened, even be abandoned. This arouses the universal concern of the nature and function of international jus cogens.The international human rights law is one of the most active fields of international law after World War Two, and the trajectory of the development of international human rights law showed close correlation to the definition of international jus cogens. Some rules in international human rights law are uniform with some specific principles in international jus cogens. This paper tries to prove the existence of international jus cogens though discussing the theory and the practice of international human rights law. Firstly, this paper clarifies the concept, connotation, development process of international jus cogens. Secondly, the paper expounds the content and the development of the international human rights law, which proves the relationship between the two laws, and then illustrating international human rights law has the characteristics of international jus cogens though the practice of the international human rights law. Finally, come to a conclusion that the international jus cogens is not as what the west scholar said——which is the "the antagonism theory " suggested by the Third World countries,It widely existed in international law, not only presented in basic principle of international law and the institution of national liability, but also identified from the theory and practice of international human right.