Do Jus Cogens Dispositions Represent a Viable Justification for the Ideal Dimension of International Human Rights?

The international treaties of human rights constitute a particularity in the international law because their main bearer are not the states, but rather the individuals inside the state parties. The state parties, as addresses of the international instruments, have specific duties emanated from the human rights and, therefore, have become a key element for their effectivity. The international human rights have the character of typical international dispositions. However, the particular content of the international human rights has enabled them to have a different compliance at the municipal level and it could raise a claim of the ideal dimension that they guarantee. This could contradict the predominant positivistic conception of the international law. This strict positive approach has been challenged by the use of the proportionality test.