Download or read book Legal Consequences of Peremptory Norms in International Law written by Daniel Costelloe and published by Cambridge University Press. This book was released on 2017-09-07 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores in depth the legal consequences of peremptory norms.
Download or read book Peremptory Norms of General International Law Jus Cogens written by Dire Tladi and published by BRILL. This book was released on 2021-08-16 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The International Law Commission s Draft Conclusions on Peremptory Norms written by Dire Tladi and published by Oxford University Press. This book was released on 2024-03-14 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2022, the ILC adopted the Draft Conclusions on Peremptory Norms of General International Law. The text of the Draft Conclusions consists of twenty-three Draft Conclusions and addresses two aspects: the identification of peremptory norms and their legal consequences. Attached to the Draft Conclusions is an Annex with a non-exhaustive list of jus cogens norms previously identified by the Commission. The International Law Commission's Draft Conclusions on Peremptory Norms serves, in part, as a commentary on the ILC's work and provides a broader understanding of the Draft Conclusions from the perspective of an insider. The book goes beyond a commentary, however, as it provides an analysis and evaluation of the broader legal issues raised by the Draft Conclusions. Relying inter alia on the discussions within the Commission and the doctrinal debate surrounding the concepts covered, the book will not only offer explanation of what is addressed in the Draft Conclusions but also an assessment of the choices made by the Commission and the consequences of those choices.
Download or read book Legal Consequences of Peremptory Norms in International Law written by Daniel Costelloe and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Peremptory Norms in International Law written by Alexander Orakhelashvili and published by OUP Oxford. This book was released on 2008-06-05 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peremptory norms are non-derogable standards of international law which impose basic limits on how far governments, politicians, and diplomats can further their own goals. For example, certain core norms prohibit aggressive war and protect basic human rights. This is the first thorough examination of the theory and application of these norms.
Download or read book Understanding Jus Cogens in International Law and International Legal Discourse written by Ulf Linderfalk and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Peremptory Norms of General International Law Jus Cogens and the Prohibition of Terrorism written by Aniel Caro de Beer and published by BRILL. This book was released on 2019-02-19 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of Treaties Beyond the Vienna Convention written by Mahnoush H. Arsanjani and published by American Chemical Society. This book was released on 2011-02-17 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.
Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Download or read book The Fundamental Rules of the International Legal Order written by Christian Tomuschat and published by BRILL. This book was released on 2006 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.
Download or read book Netherlands Yearbook of International Law 2015 written by Maarten den Heijer and published by Springer. This book was released on 2016-08-04 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development.
Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Download or read book The Thin Justice of International Law written by Steven R. Ratner and published by OUP Oxford. This book was released on 2015-01-15 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.
Download or read book Jus Cogens written by Thomas Weatherall and published by Cambridge University Press. This book was released on 2015-07-16 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally state-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a state-based legal order, and values common to the international community as a whole.
Download or read book Peremptory International Law Jus Cogens written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Interpretation in International Law written by Andrea Bianchi and published by . This book was released on 2015 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
Download or read book The International Constitutional Order written by Erika de Wet and published by Amsterdam University Press. This book was released on 2005-05-12 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title can be previewed in Google Books - http://books.google.com/books'vid=ISBN9789056293871.
