Jus cogens refers to a fundamental principle of international law that is accepted by the international community as a norm from which no derogation is permitted. These are known as peremptory norms of international law, which are binding on all states and cannot be violated by treaties or other agreements. Such norms encompass prohibitions on acts like genocide, slavery, and torture.
| Term | Definition |
|---|---|
| Jus cogens | Peremptory norm of International Law |
| The judgements of ICJ | Decisions made by the International Court of Justice, not jus cogens |
| Just resolution of disputes | Refers to the fair settling of conflicts, not jus cogens |
| Statutory law | Law enacted by a legislative body, distinct from jus cogens |
Hence, the correct understanding of "Jus cogens" is as a 'Peremptory norm of International Law.'
| I. Arbitration of excepted matters | 1. A. Ayyasamy v. A. Paramasivam, (2016) 10 SCC 386 |
| II. Conditional Arbitration Clauses | 2. In re - Interplay between Arb Agreements and Stamp Act 2023 INSC 1066 |
| III. Separability of Arbitration Agreement - Kompetenz Kompetenz | 3. Vulcan Insurance Co Ltd v. Maharaj Singh and Anr (1976) 1 SCC 943 |
| IV. Arbitrability of fraud | 4. Mitra Guha Builders (India) Co v. ONGC (2020) 3 SCC 222 |
| Offenses | Sections |
| (A) Voyeurism | (1) Section 77 |
| (B) Word, gesture or act intended to insult the modesty of a woman | (2) Section 79 |
| (C) Stalking | (3) Section 75 |
| (D) Sexual Harassment | (4) Section 78 |