Jus Cogens

Author : Dire Tladi
Publisher : BRILL
ISBN 13 : 9004464123
Total Pages : 806 pages
Book Rating : 4.24/5 ( download)

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Download or read book Peremptory Norms of General International Law (Jus Cogens) written by Dire Tladi and published by BRILL. This book was released on 2021-08-16 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

Author : Thomas Weatherall
Publisher : Cambridge University Press
ISBN 13 : 1316299872
Total Pages : 555 pages
Book Rating : 4.76/5 ( download)

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Download or read book Jus Cogens written by Thomas Weatherall and published by Cambridge University Press. This book was released on 2015-07-16 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally state-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a state-based legal order, and values common to the international community as a whole.

Author : Ulf Linderfalk
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439514
Total Pages : 285 pages
Book Rating : 4.12/5 ( download)

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Download or read book Understanding Jus Cogens in International Law and International Legal Discourse written by Ulf Linderfalk and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.

Author : Aniel Caro de Beer
Publisher : BRILL
ISBN 13 : 9004391541
Total Pages : 302 pages
Book Rating : 4.43/5 ( download)

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Download or read book Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism written by Aniel Caro de Beer and published by BRILL. This book was released on 2019-02-19 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer evaluates the role of peremptory norms of international law or jus cogens in the fight against terrorism.

Author : Christian Tomuschat
Publisher : BRILL
ISBN 13 : 9004149813
Total Pages : 483 pages
Book Rating : 4.16/5 ( download)

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Download or read book The Fundamental Rules of the International Legal Order written by Christian Tomuschat and published by BRILL. This book was released on 2006 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

Author : Dinah Shelton
Publisher : Oxford University Press
ISBN 13 : 0198865953
Total Pages : 145 pages
Book Rating : 4.57/5 ( download)

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Download or read book Jus Cogens written by Dinah Shelton and published by Oxford University Press. This book was released on 2021 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume Dinah Shelton considers jus cogens, its place in legal scholarship from Grotius to the present day, and its use in various domestic courts.

Author : Donald Earl Childress, III
Publisher : Cambridge University Press
ISBN 13 : 1139503677
Total Pages : 291 pages
Book Rating : 4.79/5 ( download)

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Download or read book The Role of Ethics in International Law written by Donald Earl Childress, III and published by Cambridge University Press. This book was released on 2011-11-14 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

Author : Hugh Thirlway
Publisher : Oxford University Press
ISBN 13 : 0199685398
Total Pages : 262 pages
Book Rating : 4.94/5 ( download)

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Download or read book The Sources of International Law written by Hugh Thirlway and published by Oxford University Press. This book was released on 2014-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

Author : Robert Kolb
Publisher : Bloomsbury Publishing
ISBN 13 : 178225725X
Total Pages : 168 pages
Book Rating : 4.57/5 ( download)

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Download or read book Peremptory International Law - Jus Cogens written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Kolb, one of the leading international scholars of his generation, offers a seminal survey of the question of peremptory international law. The author analyses and systemises different questions, such as: the typology of peremptory norms beyond the Vienna Convention on the Law of Treaties; here he distinguishes between 'public order' jus cogens and mere 'public utility' jus cogens. Furthermore, what about relative jus cogens, such as regional jus cogens norms or conventional jus cogens norms? What about some consequences of jus cogens breaches in the law of State responsibility: are they themselves jus cogens? Thus, can individual war reparations be renounced by lump-sum agreements? What happens if different jus cogens norms are in conflict? Is there a difference between the scope of jus cogens in inter-State relations and its scope for other subjects of law, such as the UN and its Security Council? Is jus cogens necessarily predicated on the concept of a hierarchy of norms? What is the exact extent of the peremptory nature of some rules? Sometimes, only the core of a principle is peremptory, while its normative periphery is not. Also, in the use of force, the peremptory character of the provision is compatible with agreements falling under the recognised exceptions, such as collective self-defence. These and other unusual questions are discussed in the present book.

Author : Maarten den Heijer
Publisher : Springer
ISBN 13 : 9462651140
Total Pages : 479 pages
Book Rating : 4.42/5 ( download)

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Download or read book Netherlands Yearbook of International Law 2015 written by Maarten den Heijer and published by Springer. This book was released on 2016-08-04 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development.