Peremptory International Law - Jus Cogens: A General InventoryRobert 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. |
Contents
1 | |
The Adversaries of Jus Cogens | 15 |
3 Theories of Jus Cogens | 30 |
4 Legal Construction of International Jus Cogens | 45 |
5 Sources of Jus Cogens | 89 |
6 Effects of Jus Cogens | 104 |
Conflicts Between Jus Cogens Norms | 116 |
8 Conclusion | 127 |
130 | |
138 | |
Other editions - View all
Peremptory International Law - Jus Cogens: A General Inventory Robert Kolb No preview available - 2017 |
Peremptory International Law - Jus Cogens: A General Inventory Robert Kolb No preview available - 2015 |
Common terms and phrases
application argument authors breach concept of jus conflict consequences considered context contrary cours de l’Académie Court customary international law customary law derecho internacional derogation droit international public effects of jus example existence fact GC III Geneva Conventions Haye hierarchy Human Rights ICJ Rep international humanitarian law international jus cogens International Legal Order Journal of International jus cogens norms Kolb l’Académie de droit Law of Treaties legal acts legal regime legal technique legislator lex specialis limited matter municipal law non-derogability non-use of force norms of international notion of jus nullity objective laws objective norms obligations Orakhelashvili n 50 order jus cogens Oxford parties peremptory norms positive law practice protection Public International Law public order jus public order norms public policy public utility jus question Recueil des cours special agreement Statute subjects superior tribunals utility jus cogens Vienna Convention void Yearbook of International