Peremptory Norms Jus Cogens In International Law

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Peremptory Norms of General International Law (Jus Cogens)

Author : Dire Tladi
Publisher : BRILL
Page : 806 pages
File Size : 44,8 Mb
Release : 2021-08-16
Category : Law
ISBN : 9789004464124

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Peremptory Norms of General International Law (Jus Cogens) by Dire Tladi Pdf

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.

The International Law Commission's Draft Conclusions on Peremptory Norms

Author : Dire Tladi
Publisher : Oxford University Press
Page : 337 pages
File Size : 49,6 Mb
Release : 2024-03-14
Category : Law
ISBN : 9780192661234

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The International Law Commission's Draft Conclusions on Peremptory Norms by Dire Tladi Pdf

In 2022, the ILC adopted the Draft Conclusions on Peremptory Norms of General International Law. The text of the Draft Conclusions consists of twenty-three Draft Conclusions and addresses two aspects: the identification of peremptory norms and their legal consequences. Attached to the Draft Conclusions is an Annex with a non-exhaustive list of jus cogens norms previously identified by the Commission. The International Law Commission's Draft Conclusions on Peremptory Norms serves, in part, as a commentary on the ILC's work and provides a broader understanding of the Draft Conclusions from the perspective of an insider. The book goes beyond a commentary, however, as it provides an analysis and evaluation of the broader legal issues raised by the Draft Conclusions. Relying inter alia on the discussions within the Commission and the doctrinal debate surrounding the concepts covered, the book will not only offer explanation of what is addressed in the Draft Conclusions but also an assessment of the choices made by the Commission and the consequences of those choices.

Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism

Author : Aniel Caro de Beer
Publisher : BRILL
Page : 302 pages
File Size : 49,8 Mb
Release : 2019-02-19
Category : Law
ISBN : 9789004391543

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Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism by Aniel Caro de Beer Pdf

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.

Peremptory Norms (jus Cogens) in International Law

Author : Lauri Hannikainen
Publisher : Unknown
Page : 824 pages
File Size : 40,5 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105044342686

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Peremptory Norms (jus Cogens) in International Law by Lauri Hannikainen Pdf

Understanding Jus Cogens in International Law and International Legal Discourse

Author : Ulf Linderfalk
Publisher : Edward Elgar Publishing
Page : 285 pages
File Size : 51,7 Mb
Release : 2020-01-31
Category : Law
ISBN : 9781786439512

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Understanding Jus Cogens in International Law and International Legal Discourse by Ulf Linderfalk Pdf

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.

Peremptory Norms in International Law

Author : Alexander Orakhelashvili
Publisher : OUP Oxford
Page : 660 pages
File Size : 47,9 Mb
Release : 2008-06-05
Category : Political Science
ISBN : 0199546118

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Peremptory Norms in International Law by Alexander Orakhelashvili Pdf

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.

Jus Cogens

Author : Thomas Weatherall
Publisher : Cambridge University Press
Page : 555 pages
File Size : 49,8 Mb
Release : 2015-07-16
Category : Law
ISBN : 9781107081765

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Jus Cogens by Thomas Weatherall Pdf

This book provides a comprehensive political and legal examination of jus cogens, a complex doctrine essential to contemporary international society.

Legal Consequences of Peremptory Norms in International Law

Author : Daniel Costelloe
Publisher : Cambridge University Press
Page : 381 pages
File Size : 44,7 Mb
Release : 2017-09-07
Category : Law
ISBN : 9781107145030

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Legal Consequences of Peremptory Norms in International Law by Daniel Costelloe Pdf

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

Peremptory International Law - Jus Cogens

Author : Robert Kolb
Publisher : Bloomsbury Publishing
Page : 238 pages
File Size : 42,8 Mb
Release : 2015-08-27
Category : Law
ISBN : 9781782257264

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Peremptory International Law - Jus Cogens by Robert Kolb Pdf

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.

The Fundamental Rules of the International Legal Order

Author : Christian Tomuschat,Jean Marc Thouvenin
Publisher : BRILL
Page : 483 pages
File Size : 48,6 Mb
Release : 2006
Category : Law
ISBN : 9789004149816

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The Fundamental Rules of the International Legal Order by Christian Tomuschat,Jean Marc Thouvenin Pdf

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.

The Concept of Jus Cogens in the Law of Treaties

Author : Christos L. Rozakis
Publisher : Amsterdam ; New York : North-Holland Publishing Company ; New York : sole distributors for the U.S.A., Elsevier/North-Holland
Page : 236 pages
File Size : 52,8 Mb
Release : 1976
Category : Political Science
ISBN : UOM:39015012075134

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The Concept of Jus Cogens in the Law of Treaties by Christos L. Rozakis Pdf

A revision of the author's thesis, University of Illinois.

The Role of Ethics in International Law

Author : Donald Earl Childress, III
Publisher : Cambridge University Press
Page : 291 pages
File Size : 50,8 Mb
Release : 2011-11-14
Category : Law
ISBN : 9781139503679

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The Role of Ethics in International Law by Donald Earl Childress, III Pdf

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.

The Persistent Objector Rule in International Law

Author : James A. Green
Publisher : Oxford University Press
Page : 353 pages
File Size : 41,6 Mb
Release : 2016
Category : Law
ISBN : 9780198704218

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The Persistent Objector Rule in International Law by James A. Green Pdf

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.

Jus Cogens

Author : Dinah Shelton
Publisher : Oxford University Press
Page : 145 pages
File Size : 45,7 Mb
Release : 2021
Category : Law
ISBN : 9780198865957

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Jus Cogens by Dinah Shelton Pdf

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.

Netherlands Yearbook of International Law 2015

Author : Maarten den Heijer,Harmen van der Wilt
Publisher : Springer
Page : 471 pages
File Size : 42,6 Mb
Release : 2016-08-04
Category : Law
ISBN : 9789462651142

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Netherlands Yearbook of International Law 2015 by Maarten den Heijer,Harmen van der Wilt Pdf

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.