When is a norm peremptory? This is a question that has troubled
legal scholars throughout the development of modern international
law. In this work, Daniel Costelloe suggests - through an
examination of State practice and international materials - that it
is the legal consequences of a norm which distinguish it as
peremptory. This book sheds light on the legal consequences that
peremptory norms have, for instance, in the law of treaties,
international responsibility and state immunity. Unlike their
substance or identification, the consequences of peremptory norms
have remained under-studied. This book is the first specifically on
this topic and is essential reading for all scholars and
practitioners of public international law.
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A MOST IMPORTANT STATEMENT
Sat, 23 Dec 2017 | Review
by: Phillip T.
A MOST IMPORTANT STATEMENT
ON THE VEXING SUBJECT OF NORMS
FOR STUDENTS OF JURISPRUDENCE
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”
Yes, this is not the easiest of titles and not the easiest of books to read. Therefore, this is not a book for the legal novice, but it remains impressive nonetheless. The first question posed in what is a thesis is: when is a norm peremptory? This is a matter which has troubled legal scholars and jurisprudents throughout the development of modern international law and its consequences, and will continue to do so for the foreseeable future.
In his book, Daniel Costelloe makes several highly interesting observations by using a scholastic examination of State practice and international materials. His view, we think, is that it is the legal consequences of a norm which distinguish it as “peremptory”. Norms come in different forms for the jurisprudent: “legal norms” are defined as binding rules of conduct issued by the state authority which is the standard meaning for students. The point which is developed means that legal norms are “intended for the regulation of social relations” which is probably the best perspective on the concept.
Scholars suggest that legal norms determine the rights and duties of the subjects of legal relations. As is the case with the study of legal philosophies, we then consider “moral norms” which are the rules of morality that people ought to follow, possibly known as “natural law”. An evolutionary explanation of the emergence of moral norms proceeds in various stages. The starting point is that one must give an account of how behaviour according to theses norms can arise, and what their consequences are.
The author’s aim is to shed “new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity”. Costelloe continues, stating that “unlike their substance or identification, the consequences of peremptory norms have remained under-studied”. Not surprising as the concept of the “norm” is neither easy to teach or to understand for many students!
This book is the first specifically published on this topic as far as we know, and it will be essential reading for all scholars and practitioners of public international law. We remain very grateful to Cambridge University Press for publishing it to widen the debate as the image of international law changes.
The publication date for this edition is cited as at 31st October 2017.
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