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The Creation of Jus Cogens: : Making Sense of Article 53 of the Vienna Convention

This essay provides an analysis of the creation of jus cogens. The analysismakes intelligible the definition of jus cogens provided in Art. 53 of the 1969Vienna Convention on the Law of Treaties. It has been said repeatedlyabout this definition that it is circular. If a jus cogens status is conferred on arule of law because the international community of states accepts and recognizes this rule as