Jus cogens: its incorporation and implications in the Panamanian legal system El ius cogens: su incorporación e implicaciones en el ordenamiento jurídico panameño

Abstract

This article aims to identify, on the basis of the jurisprudence of the Supreme Court of Justice, how peremptory norms of general international law or jus cogens are incorporated into the Panamanian legal system. It also highlights the legal implications of jus cogens rules in domestic law with particular emphasis on the sphere of competence of the three organs of the State, namely: judicial, executive and legislative organs. To this end, it develops a historical and doctrinal analysis of this legal institution and synthesizes the most relevant aspects of jus cogens (nature, constituent elements and legal consequences), with the support of the reports on peremptory norms of general international law submitted by the special rapporteur — Dire Tladi — to the International Law Commission of the United Nations.  As a conclusion, it is argued that the peremptory norms of general international law or jus cogens —taking into account their nature and jurisprudential precedents of the Supreme Court of Justice— are automatically incorporated into the national legal system.