Peremptory Norms of General International Law (Jus Cogens) PDF Download

Author: Dire Tladi
Publisher: BRILL
ISBN: 9004464123
Category : Law
Languages : en
Pages : 806

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Book Description
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: Aniel Caro de Beer
Publisher: BRILL
ISBN: 9004391541
Category : Law
Languages : en
Pages : 302

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Book Description
Winner of the 2020 ASIL Lieber prize! In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer analyses the role of these norms (jus cogens norms) in the fight against terrorism. Jus cogens norms protect fundamental values of the international community, are hierarchically superior and non-derogable. The author argues, based on an analysis of the sources of international law, that the prohibition of terrorism has become the jus cogens norm of our time. She further considers the impact of the status of the prohibition of terrorism as a jus cogens norm on other norms of international law relevant in the fight against terrorism, namely the prohibition of torture, the right to a fair trial and the prohibition of the inter-state use of force.

Author: Daniel Costelloe
Publisher: Cambridge University Press
ISBN: 1107145031
Category : Law
Languages : en
Pages : 381

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Book Description
This work explores in depth the legal consequences of peremptory norms.

Author: Alexander Orakhelashvili
Publisher: OUP Oxford
ISBN: 9780199546114
Category : Political Science
Languages : en
Pages : 660

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Book Description
Peremptory norms are non-derogable standards of international law which impose basic limits on how far governments, politicians, and diplomats can further their own goals. For example, certain core norms prohibit aggressive war and protect basic human rights. This is the first thorough examination of the theory and application of these norms.

Author: Hugh Thirlway
Publisher: Oxford University Press
ISBN: 0199685398
Category : Law
Languages : en
Pages : 262

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Book Description
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: James A. Green
Publisher: Oxford University Press
ISBN: 0198704216
Category : Law
Languages : en
Pages : 353

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Book Description
Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.

Author: Robert Kolb
Publisher: Bloomsbury Publishing
ISBN: 178225725X
Category : Law
Languages : en
Pages : 168

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Book Description
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: Dinah Shelton
Publisher: Oxford University Press
ISBN: 0198865953
Category : Law
Languages : en
Pages : 145

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Book Description
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: André Nollkaemper
Publisher:
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769

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Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Author: Ulf Linderfalk
Publisher: Edward Elgar Publishing
ISBN: 1786439514
Category : Law
Languages : en
Pages : 304

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Book Description
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.