Solving Antinomies Between Peremptory Norms In Public International Law
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Solving Antinomies Between Peremptory Norms In Public International Law
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Author : João Ernesto Christófolo
language : en
Publisher:
Release Date : 2016
Solving Antinomies Between Peremptory Norms In Public International Law written by João Ernesto Christófolo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Jus cogens (International law) categories.
"Ius cogens has been a subject of great interest in international law studies. But the inquiry into the collision between peremptory norms has been virtually non-existent. This book aims at addressing this particular doctrinal gap. Antinomies between ius cogens norms may arise in the conflicting simultaneous application of the peremptory norms on human rights, the non-use of force and self-determination. In order to determine how norms of ius cogens might be applied in situations of normative conflict - either apparent or real ones -, the author suggests the use of 'weighing and balancing' techniques. After analysing the main theories on the issue, and describing the most commonly accepted peremptory norms in current international law, this work approaches the problem of antinomies between peremptory norms by applying 'weighing and balancing' techniques to two case studies. First, the apparent conflict between the prohibition of the use of force and the prohibition of the most serious violations of human rights and international humanitarian law, as embodied in the notion of 'humanitarian intervention.' Second, the real conflict between the prohibition of the use of force and the right to self-determination as conveyed by a hypothetical Israeli-Palestinian peace agreement entailing the partial cession of occupied territories. Norms of ius cogens are known for regulating sensitive and highly axiological matters, as shown by these two case studies. As a result, finding answers to the problem of conflicting peremptory norms is important not only as regards the doctrinal advancement in the field of international law, but also for the purpose of reaching lawful solutions to central concerns of the international community at large"--Back cover.
Peremptory Norms Of General International Law Jus Cogens
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Author : Dire Tladi
language : en
Publisher: BRILL
Release Date : 2021-08-16
Peremptory Norms Of General International Law Jus Cogens written by Dire Tladi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-16 with Law categories.
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.
The International Law Commission S Draft Conclusions On Peremptory Norms
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Author : Dire Tladi
language : en
Publisher: Oxford University Press
Release Date : 2024-02-28
The International Law Commission S Draft Conclusions On Peremptory Norms written by Dire Tladi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-28 with Law categories.
The International Law Commission's Draft Conclusions on Peremptory Norms examines the ILC's Draft Conclusions on Peremptory Norms of General International Law. It provides a broader understanding of the Draft Conclusions and offers an analysis and evaluation of the legal issues and consequences raised by the Draft Conclusions.
Peremptory Norms In International Law
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Author : Alexander Orakhelashvili
language : en
Publisher: OUP Oxford
Release Date : 2006
Peremptory Norms In International Law written by Alexander Orakhelashvili and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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 actorsin 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 consequencesthat 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.
Peremptory Norms Of General International Law Jus Cogens And The Prohibition Of Terrorism
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Author : Aniel Caro de Beer
language : en
Publisher: BRILL
Release Date : 2019-02-19
Peremptory Norms Of General International Law Jus Cogens And The Prohibition Of Terrorism written by Aniel Caro de Beer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-19 with Law categories.
In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer evaluates the role of peremptory norms of international law or jus cogens in the fight against terrorism.
Irresolvable Norm Conflicts In International Law
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Author : Valentin Jeutner
language : en
Publisher: Oxford University Press
Release Date : 2017
Irresolvable Norm Conflicts In International Law written by Valentin Jeutner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Based on doctoral thesis, University of Cambridge, 2015. --Page vii.
Peremptory International Law Jus Cogens
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Author : Robert Kolb
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-08-27
Peremptory International Law Jus Cogens written by Robert Kolb and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
Robert Kolb, one of the leading international scholars of his generation, offers a seminal survey of the question of peremptory international law. The author analyses and systemises different questions, such as: the typology of peremptory norms beyond the Vienna Convention on the Law of Treaties; here he distinguishes between 'public order' jus cogens and mere 'public utility' jus cogens. Furthermore, what about relative jus cogens, such as regional jus cogens norms or conventional jus cogens norms? What about some consequences of jus cogens breaches in the law of State responsibility: are they themselves jus cogens? Thus, can individual war reparations be renounced by lump-sum agreements? What happens if different jus cogens norms are in conflict? Is there a difference between the scope of jus cogens in inter-State relations and its scope for other subjects of law, such as the UN and its Security Council? Is jus cogens necessarily predicated on the concept of a hierarchy of norms? What is the exact extent of the peremptory nature of some rules? Sometimes, only the core of a principle is peremptory, while its normative periphery is not. Also, in the use of force, the peremptory character of the provision is compatible with agreements falling under the recognised exceptions, such as collective self-defence. These and other unusual questions are discussed in the present book.
Concepts For International Law
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Author : Jean d’Aspremont
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Concepts For International Law written by Jean d’Aspremont and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
Extraterritorial Use Of Force Against Non State Actors
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Author : Dire Tladi
language : en
Publisher: BRILL
Release Date : 2022-05-16
Extraterritorial Use Of Force Against Non State Actors written by Dire Tladi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-16 with Law categories.
This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.
Jus Cogens
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Author : Dinah Shelton
language : en
Publisher: Oxford University Press
Release Date : 2021
Jus Cogens written by Dinah Shelton and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
In this volume Dinah Shelton considers jus cogens, its place in legal scholarship from Grotius to the present day, and its use in various domestic courts.