The doctrine of peremptory norms (jus cogens) is a set of core
obligations in international law. In this volume in the Elements of
International Law series, Dinah Shelton explores its origins and
history, its revival in the twentieth century, and its place in
international and domestic jurisprudence. Providing a fresh,
objective, and non-argumentative approach to the discipline of
international law, the Elements series is an accessible go-to
source for practicing international lawyers, judges and
arbitrators, government and military officers, scholars, teachers,
and students. Beginning with the writings of Grotius, Vattel, and
Suarez, Shelton shows how the theory of jus cogens drew upon Roman
law for its foundations. In the subsequent chapter, she considers
the emergence of positivism and its rejection of any non-consensual
basis for binding States to international norms. She then turns to
the re-emergence of jus cogens in theories of the twentieth century
and its place in the modern law of treaties. The volume includes
extensive analysis of the interpretation of jus cogens obligations
by international courts and tribunals, as well as by various
domestic courts, including those of Italy, Greece, Canada, the US,
and the UK. The volume concludes with a consideration of the place
of jus cogens in modern scholarship.
General
| Imprint: |
Oxford UniversityPress
|
| Country of origin: |
United Kingdom |
| Series: |
Elements of International Law |
| Release date: |
May 2021 |
| Authors: |
Dinah Shelton
(Manatt/Ahn Professor of International Law Emeritus)
|
| Dimensions: |
139 x 214 x 8mm (L x W x T) |
| Format: |
Paperback
|
| Pages: |
144 |
| ISBN-13: |
978-0-19-886596-4 |
| Categories: |
Books >
Law >
International law >
Public international law >
General
|
| LSN: |
0-19-886596-1 |
| Barcode: |
9780198865964 |
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