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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.
The Oxford Handbook of Jurisdiction in International Law provides
an authoritative and comprehensive analysis of the concept of
jurisdiction in international law. Jurisdiction plays a fundamental
role in international law, limiting the exercise of legal authority
over international legal subjects. But despite its importance, the
concept has remained, until now, underdeveloped. Discussions of
jurisdiction in international law regularly refer to classic heads
of jurisdiction based on territoriality or nationality, or use the
SS Lotus decision of the Permanent Court of International Justice
as a starting point. However, traditional understandings of
jurisdiction are facing new challenges. Globalization has increased
the need for jurisdiction to be applied extraterritorially,
non-State forms of law provide new theoretical challenges and
intersections between different forms of jurisdiction have become
more intricate. This Handbook provides a necessary re-examination
of the concept of jurisdiction in international law through a
thematic analysis of its history, its contemporary application, and
how it needs to adapt to encompass future developments in
international law. It examines some of the most contentious
elements of jurisdiction by considering how the concept is being
applied in specific substantive and institutional settings.
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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