The most fundamental of our human rights have emerged in the form of customary international law. Their character is most likely under modern international law to claim the status of jus cogens. This paper examines the problem of obligation, distinguishing it clearly from the problem of compliance. It argues that despite numerous attempts to establish jus cogens norms on a foundation independent of natural law, equating its obligatory character with the idea of consent, it ultimately fails to establish firm grounds for the non-derogation and peremptory character they are said to be intrinsic to them.
