jus cogens international law and social contract

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Jus Cogens

Author : Thomas Weatherall
ISBN : 9781107081765
Genre : Law
File Size : 88. 87 MB
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Provides a comprehensive political and legal examination of jus cogens, a complex doctrine essential to contemporary international society.

Netherlands Yearbook Of International Law 2015

Author : Maarten den Heijer
ISBN : 9789462651142
Genre : Law
File Size : 65. 35 MB
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Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development.

Man S Inhumanity To Man

Author : Antonio Cassesse
ISBN : 9041119868
Genre : Law
File Size : 81. 83 MB
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Of Yugoslavia in 1999).

International Law As Social Construct

Author : Carlo Focarelli
ISBN : 9780199584833
Genre : Law
File Size : 35. 47 MB
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This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.

Introduction To International Criminal Law

Author : M. Cherif Bassiouni
ISBN : 9789004186446
Genre : Law
File Size : 69. 87 MB
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This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.

Peremptory International Law Jus Cogens

Author : Robert Kolb
ISBN : 9781782257264
Genre : Law
File Size : 45. 83 MB
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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.

Peremptory Norms In International Law

Author : Alexander Orakhelashvili
ISBN : 0199546118
Genre : Political Science
File Size : 76. 1 MB
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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.

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