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Peremptory Norms in International Law (Paperback)
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Peremptory Norms in International Law (Paperback)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 19 working days
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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.
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