THE RECOGNITION OF THE IUS COGENS IN THE CHILEAN JURIDICAL SYSTEM

Abstract

The ius cogens norms like structural principles of the International Law with a customary origin enter to Chilean juridical system in an automatic way. Nevertheless, this mechanism does not assure the efficiency of the institution in its judicial internal application. In effect, there are jurisprudential trends that do not consider the non-applicability of statutory limitations as own effect of the ius cogens norms that derives from its peremptory character that is intrinsic to its nature.