Regional peremptory norms in international law: myth or reality

According to the common definition, a peremptory norm of general international law (jus cogens) is a norm that is accepted and recognized by the international community of states as a whole as a norm from which no deviation is permissible and which can be modified only by a subsequent norm of general international law of the same character. Modern legal scholarship and international courts recognize the existence of jus cogens in international law, but studies have noted the almost complete absence of its practical application. Moreover, the universalism that underpins the doctrine of jus cogens has lately been confronted with the challenges of the fragmentation of the international legal order and the formation of a multipolar world. States are increasingly uniting into geographical, linguistic, or cultural groups to implement joint projects, which inevitably influences international law that already includes specific norms protecting values recognised as fundamental at the regional level. The formation of regional legal orders will inevitably lead to the challenge of identifying and applying local norms of special legal force (local or particular peremptory norms of jus cogens) within these orders. These regional norms play an important role in identifying common and shareable fundamental values within a particular community of states, consolidating ideas and serving as a basis for cooperation among these states in solving certain social and political challenges they face. The widespread notion in academic discourse that regional jus cogens norms do not exist does not mean that regional legal orders are not entitled to independently declare the fundamental nature of a number of their norms, the contradiction with which makes other regional norms invalid. To ensure equality and differential approach, regional jus cogens should be seen as a concept intended for selective application. In this context, complex issues arise regarding possible interaction between universal and regional peremptory norms, whether in terms of prioritizing the former, treating the letter as lex specialis for the second norms, or allowing permissible exceptions to universal norms. This article, without purporting to address all possible issues, aims at identifying the problematics of regional jus cogens norms as part of the broader discussion on peremptory norms of international law.