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Understanding Jus Cogens in International Law and International Legal Discourse (Hardcover)
Loot Price: R2,737
Discovery Miles 27 370
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Understanding Jus Cogens in International Law and International Legal Discourse (Hardcover)
Series: Elgar International Law series
Expected to ship within 12 - 17 working days
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Whilst the concept of jus cogens has grown increasingly more
important in public international law, lawyers remain hugely
divided both over what precisely confers a jus cogens status on a
norm, and what this conferral implies in terms of legal
consequences. In this ground-breaking book, Ulf Linderfalk clearly
and succinctly explores the reasons for this divide in order to
facilitate more rational and productive future discourse. Offering
a new focus for jus cogens research, this insightful work moves
beyond traditionally designed investigations of the application of
jus cogens in international law and instead analyses the many
implicit basic assumptions held by participants in international
legal discourse, and the way in which these assumptions explain
their various claims. Clarifying the precise relationship between
submitted propositions and a legal positivist or legal idealist
frame of mind, this captivating book will influence not only the
future understanding and practice of international law, but also
its codification and progressive development. Scholars and advanced
students of public international law, and international legal
theory especially, will find this book a stimulating and novel
read. Practitioners and judicial bodies will also benefit from a
deeper understanding of the many issues and influences surrounding
the concept of jus cogens.
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