Peremptory Norms in International Law
Series: Oxford Monographs in International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 8 June 2006
- ISBN 9780199295968
- Binding Hardback
- No. of pages672 pages
- Size 242x166x40 mm
- Weight 1134 g
- Language English 0
Categories
Short description:
Peremptory norms are non-derogable standards of international public policy which impose limits on how far governments, politicians, and diplomats can further their own goals in making international transactions. For example, certain core norms prohibit aggressive war, safeguard self-determination, and protect basic human rights in both peace and wartime. This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens) in the light of their increasing importance in determining the permissible limits on the action of State and non-State actors in multiple areas of international law.
MoreLong description:
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.
...the grand monograph of Orakhelashvili, which is indisputably a valuable contribution to the development of the doctrine of jus cogens as regards more specific aspects of the concept.
Table of Contents:
Part I Identification of Peremptory Norms
Peremptory Norms as International Public Order
The Criteria of Identification of Peremptory Norms and their Specific Groups
Distinctive Characteristics of Peremptory Norms: Absolute Character, Non-Derogability and the Effect-Oriented Profile
Concepts Cognate to Peremptory Norms
Sources of Peremptory Norms
Part II Effect of Peremptory Norms in General International Law
Impact of Peremptory Norms in the Law of Treaties
Peremptory Norms and the Validity of the Actions of States
Remedies for Breaches of Peremptory Norms
Peremptory Norms and the Allocation of Jurisdiction to States
Peremptory Norms and State Immunity
The Problem of Subsequent Validation of Breaches of Peremptory Norms
Part III Peremptory Norms and the Powers of International Organisations
The Applicability of Peremptory Norms to the Acts of International Organisations
The Types of Conflicts of the Acts of International Organisations with Peremptory Norms
Legal Consequences of the Conflict of Security Council Resolution with Peremptory Norms
Part IV Peremptory Norms and the Powers of International Tribunals
Peremptory Norms and International Judicial Jurisdiction
Peremptory Norms and the Standing to Bring Claims
Peremptory Norms and Friendly Settlement and Discontinuance of Cases
Part V Effect of Peremptory Norms in National Legal Systems
Techniques of Interaction of International Jus Cogens with National Law
Peremptory Norms and Acts of Foreign States in Private International Law
Conclusion
Appendix
