The Gender of Jus Cogens

The authors explore the structure of the concept of jus cogens: "fundamental legal norms from which no derrogation is permitted". They argue that the concept is not properly universal, as its development has privileged the experiences of men over those of women, and it has provided a protection to men that is not accorded to women. The authors conclude that taking women's experiences into account in the development of jus cogens norms will require a fundamental rethinking of every aspect of the doctrine; without full analysis of the value incorporated in jus cogens norms or their impact of their application, further work to make them effective in a new international legal order will in fact only continue the male orientation of international law. [Descriptors: Applying Human Rights Law - International, International]