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Peremptory Norms in International Law


ISBN13: 9780199295968
ISBN: 0199295964
Published: June 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £78.00
Paperback edition , ISBN13 9780199546114



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This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens). A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approached with sceptical nihilism, nevertheless attract growing doctrinal and practical attention and have increasing importance in determining the permissible limits on the action of State and non-State actors in different areas. In view of this overriding impact on what might otherwise be instances of the law-making process, peremptory norms concern a constitutional aspect of international law.

Peremptory norms are non-derogable norms, and the concept of derogation is among the key concepts analysed here. Derogation from peremptory norms can be attempted in a wide variety of situations, but if peremptory norms are to operate as norms and not merely as aspirations they must generate consequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields.

Despite the growing relevance of peremptory norms in practice, doctrine has failed to treat the issue comprehensively and has often been limited to examining specific aspects of the problem, such as the impact of peremptory norms in the law of treaties.

This fresh effort to examine and explain the phenomenon of peremptory norms in key areas fills an important doctrinal gap through presenting in a systematic way the effects of peremptory norms and reappraising the significance of such effects, bearing in mind their overall nature. It also demonstrates that the hierarchical superiority of peremptory norms is not limited to the sphere of primary legal relations but becomes most crucially relevant after a specific peremptory norm is breached. A norm's peremptory character is relevant not only for its substance but also for its consequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.

  • The first ever comprehensive treatment of peremptory norms in international law
  • Examines the basis for the peremptory character of norms, as well as the effect of peremptory norms in a variety of fields, including the use of force in an aggressive war
  • Covers the wide variety of cases and situations in which the relevance of peremptory norms has been raised
  • Combines a systemic analysis with an examination of current issues, bringing together the practical and academic heritage accumulated in different legal traditions and languages

Subjects:
Public International Law
Contents:
Acknowledgments
Introduction
Part I - The Concept and Identification of Peremptory Norms;
1. Peremptory Norms as International Public Order
2. The Identification of Peremptory Norms
3. Distinctive Characteristics of Peremptory Norms
4. Concepts Cognate to Jus Cogens
5. Sources and Modification of Peremptory Norms
Part II - Effect of Peremptory Norms in General International Law;
6. Effect of Jus Cogens in the Law of Treaties
7. Peremptory Norms and the Validity of the Actions of States
8. Remedies for Breaches of Peremptory Norms
9. Peremptory Norms and the Allocation of Jurisdiction to States
10. Peremptory Norms and State Immunity
11. Problems of Subsequent Validation of Breaches of Jus Cogens
Part III - Peremptory Norms and the Powers of International Organisations;
12. The Nature and Scope of Jus Cogens Limitations on the Security Council's Powers
13. The Normative Conflict between a Security Council Resolution and Jus Cogens: the Practice of the Security Council
14. Legal Consequences of the Conflict of Security Council Resolution with Peremptory Norms
Part IV - Peremptory Norms and the Powers of International Tribunals;
15. Peremptory Norms and International Judicial Jurisdiction
16. Jus Cogens and the Standing to Bring Judicial Claims
17. Impact of Jus Cogens on Friendly Settlement and Discontinuance of Cases
Part V - Effect of Peremptory Norms in National Legal Systems;
18. Techniques of Interaction of International Jus Cogens with National Law
19. Peremptory Norms and Acts of Foreign States in Private International Law
Conclusion
Appendices ;

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