РУАЭСТ (RUAEST)
NORMS OF JUS COGENS AND INTERNATIONAL LABOR LAW
The article examines the possibility of imperative norms of general international law (jus cogens) in international labor law. Norms of jus cogens hierarchically are the highest source of international law that can not contradict any international treaties and other sources of international law. Meanwhile, in the domestic and foreign labor law doctrine there is an extremely broad range of opinions about what should be included in the jus cogens norms within the national labor law. It can be stated that the representatives of the labor law science are much more liberal to a possible list of jus cogens norms in international labor law than specialists on international law. Taking into account the possible appearance of a jus cogens norm without consent of a sovereign state, the conservative practice of international tribunals in respect of this type of legal norms, as well as the dangers of using this concept not to protect human rights but purely for political purposes, the article suggests a cautious atittude to the norms being considered. On the basis of decisions of international courts the held legitimacy of jus cogens norms in international labor law can be stated with respect to the prohibition of discrimination, as well as the prohibition of slavery as the extreme form of forced labor. As applied to the other, albeit the most important human rights in the labor sphere, it is consistent to talk only about the possibility of their becoming as norms of jus cogens