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Vol 24 No 12 Dec 19/Jan 20

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Cover of Merkin and Flannery on the Arbitration Act 1996

Merkin and Flannery on the Arbitration Act 1996

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Understanding 'Jus Cogens' in International Law and International Legal Discourse

ISBN13: 9781786439505
To be Published: January 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £80.00

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. Offering a new focus for jus cogens research, this insightful work moves beyond traditionally designed investigations of the application of jus cogens in international law and instead analyses the many implicit basic assumptions held by participants in international legal discourse, and the way in which these assumptions explain their various claims. Clarifying the precise relationship between submitted propositions and a legal positivist or legal idealist frame of mind, this captivating book will influence not only the future understanding and practice of international law, but also its codification and progressive development.

Scholars and advanced students of public international law, and international legal theory especially, will find this book a stimulating and novel read. Practitioners and judicial bodies will also benefit from a deeper understanding of the many issues and influences surrounding the concept of jus cogens.

Public International Law, Jurisprudence
1. Introduction
2. Legal Positivism and legal idealism
3. The source of jus cogens obligations and no-competences
4. The role of state consent in the creation and modification of jus cogens norms
5. The identification of jus cogens norms
6. The scope of jus cogens: Possible delimitations of the concept
7. Jus cogens and the concept of a normative conflict
8. Jus cogens and the individuation of norms
9. Significance of the findings for future international legal discourses