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Structure and methodology of the text are transparent and
cross-jurisdictional, not tied to the perceptions and approaches of
one particular jurisdiction (e.g. common law or civil law),
therefore making it applicable to every student of international
law. Comprehensive coverage without being as dense and lengthy as
other competing texts, therefore accessible to all students,
regardless of prior knowledge or background. Good use of
signposting in text through subheadings and logical chapter
structures, accessible pedagogy for upper level undergraduates
(especially in comparison to some of the competing texts). Provides
a framework for students rather than just a prescriptive narrative,
arming the student with the analytical and methodological tools to
pursue the discipline in greater depth. Further updated since
previous edition to include new case studies and court decisions,
as well as sections on women's rights, cyber-attacks and Islamic
ideologies. Includes a companion website to help students and
instructors by offering suggestions for further reading and
discussion questions, as well as updates to the law between
editions to keep students' knowledge as up to date as possible.
Structure and methodology of the text are transparent and
cross-jurisdictional, not tied to the perceptions and approaches of
one particular jurisdiction (e.g. common law or civil law),
therefore making it applicable to every student of international
law. Comprehensive coverage without being as dense and lengthy as
other competing texts, therefore accessible to all students,
regardless of prior knowledge or background. Good use of
signposting in text through subheadings and logical chapter
structures, accessible pedagogy for upper level undergraduates
(especially in comparison to some of the competing texts). Provides
a framework for students rather than just a prescriptive narrative,
arming the student with the analytical and methodological tools to
pursue the discipline in greater depth. Further updated since
previous edition to include new case studies and court decisions,
as well as sections on women's rights, cyber-attacks and Islamic
ideologies. Includes a companion website to help students and
instructors by offering suggestions for further reading and
discussion questions, as well as updates to the law between
editions to keep students' knowledge as up to date as possible.
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.
There are frequent claims that the international legal regulation
of international law is uncertain, vague, ambiguous, or
indeterminate, which does not support the stability, transparency,
or predictability of international legal relations. This monograph
examines the framework of interpretation in international law based
on the premise of the effectiveness and determinacy of
international legal regulation, which is a necessary pre-requisite
for international law to be viewed as law.
This study examines this problem for the first time since these
questions were addressed, and taken as the basic premises of the
international legal analysis, in the works of JL Brierly and Sir
Hersch Lauterpacht. Addressing the different aspects of the
effectiveness of legal regulation, this monograph explores the
structural limits on, and threshold of, legal regulation, and the
relationship between the established legal regulation and non-law.
Once the limits of legal regulation are ascertained, the analysis
proceeds to study the legal framework of interpretation that serves
the maintenance and preservation of the object and intendment of
the existing legal regulation.
The final indispensable stage of analysis is the interpretation of
those treaty provisions that embody the indeterminate conditions of
non-law. Given that the generalist element of international legal
doctrine has been virtually silent on the problem and implications
of the effectiveness and determinacy of international legal
regulation, this study examines the material accumulated in
doctrine and practice for the past several decades, including the
relevant jurisprudence of all major international tribunals.
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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