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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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Peremptory International Law - Jus Cogens: A General Inventory


ISBN13: 9781782257271
Published: August 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00
Paperback edition not yet published, ISBN13 9781509917815



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Given the literature in the field of jus cogens one might ask what could possibly be added to the body of literature already existing in field? Robert Kolb, one of the leading international scholars of his generation, offers a seminal survey of the question of peremptory international law.

The book analyses and systemises courts' diverging approaches, and draws a typology of techniques for judicial protection afforded to individuals affected by UNSC measures. On the basis of this analysis, the book identifies the discrepancies with the international human rights law standards and proposes solutions.

The study pays special attention to the persisting problem with the targeted sanctions regime, which is that the grounds and evidence on the basis of which individuals are designated remain largely confidential. The book suggests an amendment to the present UNSC procedure, which would mitigate this problem.

This important book is essential reading for all scholars of the subject.

Subjects:
Public International Law
Contents:
1. Definition and Functions of Jus Cogens
2. Negationism: The Adversaries of Jus Cogens
3. Theories of Jus Cogens
4. Legal Construction of International Jus Cogens
5. Sources of Jus Cogens
6. Effects of Jus Cogens
7. A Blind Spot: Conflicts Between Jus Cogens Norms
8. Conclusion