Publicación: El sentido y alcance del ius cogens en el marco de las funciones jurisdiccionales en el Sistema Jurídico Colombiano
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The joint work between countries through mutual understanding, the creation of multinational cooperation organizations and the signing of legal treaties, have laid the foundations for the recognition and respect of peremptory norms within the framework of international justice systems. Basic and essential rules for the achievement of a state of affairs that allows and makes possible peaceful coexistence despite diversity and cultural differences. However, the lack of clarity in determining which or which are these rules, as well as the absence of unified mechanisms that contribute to their effectiveness, in addition to the diffuse role of the International Court of Justice (ICJ), has transferred each country the legal debate about whether or not they are binding on this set of rules. Developing abundant legal literature in this regard, which was compiled and analyzed for the development of this work. Due to the development of the meaning and scope that the concept of jus cogens has been given in court, as well as the role that jurisdictional bodies have in their interpretation, the objective of this work is to analyze its incorporation and development in the legal system of our country to define whether or not it is binding. For this it became necessary; address the study of the concept of the rule of law, analyze its repercussions on the jurisdictional function, as well as the nature of the source of law of the so-called constitutionality block, to build a definition for jus cogens based on the identification of its most relevant characteristics and deduce in this way what role it plays in the development of judicial work. Giving in this way an answer to the problem that was raised, concluding with a final reflection.