Abstract
International law has a long and continuous history rooted in the political thought of Ancient Greece and shaped significantly by Roman legal traditions. From these foundations, it has developed into a legal system grounded in universal values, extending beyond inter-state relations to include international organizations, human rights, sustainable development, and global security. With technological advancement, its scope has expanded to moder domains such as cyberspace, in addition to land, sea, and air. These differences have heightened the significance of philosophical debates concerning the definition, legitimacy, and applicability of legal norms. This study explores the contribution of philosophical approaches to the construction of universal values in international law, focusing particularly on the concept of jus cogens (peremptory norms). It analyzes the tension between the universality claim of jus cogens norms and the positivist foundation of international law based on the consent of sovereign states. This balance offers a valuable framework for evaluating the binding force and normative effectiveness of international legal norms. Accordingly, the central research question is: How do jus cogens norms enable the institutionalization of universal values in international law, and how should this process interact with a sovereignty-based positivist legal framework? Adopting a historical, conceptual, and theoretical perspective, the article conducts a comprehensive literature review to assess the role of jus cogens in shaping the normative architecture of international law.
Keywords: Antik Yunan, Roma Hukuku, Doğal Hukuk, Uluslararası Hukukun Evrensel Değerleri, Jus Cogens.
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