JPIL Vol 4 Issue 1 2013 - Article 4

 JUS COGENS IN THE INTERNATIONAL COURT OF JUSTICE:
LESSONS FROM THE BASIC STRUCTURE DOCTRINE IN INDIAN CONSTITUTIONAL LAW

Chintan Chandrachud

Abstract
This article seeks to draw upon an unlikely source in order to provide jurisprudential direction to the concept of jus cogens, as expounded by the International Court of Justice (ICJ): the judicially evolved ‘basic structure’ doctrine in Indian constitutional law. I will begin by explaining the nature, scope and modes of operation of the two concepts in their primary spheres of operation.   Some uncanny similarities and expected differences between the two will then be highlighted. The normative claim of this article is modest- the final section draws upon lessons which the ICJ can learn from the case law on the basic structure doctrine in India.


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