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Jus cogens : international law and social contract / Thomas Weatherall.

By: Material type: TextPublisher: New York : Cambridge University Press, 2015Description: 509 pagesContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9781107081765
Subject(s): DDC classification:
  • 341/.1 23
Contents:
Machine generated contents note: Introduction: peremptory norms of general international law (jus cogens); 1. The authority of jus cogens; 2. Material and formal sources of jus cogens; 3. Peremptory norms and the individual; 4. Peremptory norms and the State; Conclusion: international law and social contract.
Summary: "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"-- Provided by publisher.
Holdings
Cover image Item type Current library Home library Collection Shelving location Call number Materials specified Vol info URL Copy number Status Notes Date due Barcode Item holds Item hold queue priority Course reserves
Bok Orkanenbiblioteket 330-369 341 wea Available 3203969323
Total holds: 0

Machine generated contents note: Introduction: peremptory norms of general international law (jus cogens); 1. The authority of jus cogens; 2. Material and formal sources of jus cogens; 3. Peremptory norms and the individual; 4. Peremptory norms and the State; Conclusion: international law and social contract.

"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"-- Provided by publisher.