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Author : Dire Tladi
Publisher : BRILL
Page : 806 pages
File Size : 55,7 Mb
Release : 2021-08-16
Category : Law
ISBN : 9789004464124
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 : Dire Tladi
Publisher : Oxford University Press
Page : 337 pages
File Size : 53,8 Mb
Release : 2024-03-14
Category : Law
ISBN : 9780192661234
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.
Author : Aniel Caro de Beer
Publisher : BRILL
Page : 302 pages
File Size : 46,5 Mb
Release : 2019-02-19
Category : Law
ISBN : 9789004391543
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 : Chrēstos L. Rozakēs
Publisher : Unknown
Page : 0 pages
File Size : 40,6 Mb
Release : 1973
Category : Electronic
ISBN : OCLC:917900652
Author : Robert Kolb
Publisher : Bloomsbury Publishing
Page : 238 pages
File Size : 55,7 Mb
Release : 2015-08-27
Category : Law
ISBN : 9781782257264
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 : Thomas Weatherall
Publisher : Cambridge University Press
Page : 555 pages
File Size : 55,5 Mb
Release : 2015-07-16
Category : Law
ISBN : 9781107081765
This book provides a comprehensive political and legal examination of jus cogens, a complex doctrine essential to contemporary international society.
Author : Daniel Costelloe
Publisher : Cambridge University Press
Page : 381 pages
File Size : 49,6 Mb
Release : 2017-09-07
Category : Law
ISBN : 9781107145030
This work explores in depth the legal consequences of peremptory norms.
Author : Ulf Linderfalk
Publisher : Edward Elgar Publishing
Page : 285 pages
File Size : 43,8 Mb
Release : 2020-01-31
Category : Law
ISBN : 9781786439512
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 : Lauri Hannikainen
Publisher : Unknown
Page : 824 pages
File Size : 52,6 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105044342686
Author : Dinah Shelton
Publisher : Oxford University Press
Page : 145 pages
File Size : 40,9 Mb
Release : 2021
Category : Law
ISBN : 9780198865957
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 : Alexander Orakhelashvili
Publisher : OUP Oxford
Page : 660 pages
File Size : 48,6 Mb
Release : 2008-06-05
Category : Political Science
ISBN : 0199546118
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 : Christian Tomuschat,Jean Marc Thouvenin
Publisher : BRILL
Page : 483 pages
File Size : 50,9 Mb
Release : 2006
Category : Law
ISBN : 9789004149816
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 : Mahnoush H. Arsanjani
Publisher : American Chemical Society
Page : 498 pages
File Size : 49,5 Mb
Release : 2011-02-17
Category : Law
ISBN : 9780199588916
This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.
Author : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
Publisher : Oxford University Press, USA
Page : 769 pages
File Size : 43,5 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780198739746
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 : James A. Green
Publisher : Oxford University Press
Page : 353 pages
File Size : 45,8 Mb
Release : 2016
Category : Law
ISBN : 9780198704218
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.