Jus Cogens

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The doctrine of peremptory norms (jus cogens) is a set of core obligations in international law. In this volume in theElements of International Law series, Dinah Shelton explores its origins and history, its revival in the twentieth century, and its place in international and domestic jurisprudence. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. Beginning with the writings of Grotius, Vattel, and Suarez, Shelton shows how the theory ofjus cogensdrew upon Roman law for its foundations. In the subsequent chapter, she considers the emergence of positivism and its rejection of any non-consensual basis for binding States to international norms. She then turns to the re-emergence ofjus cogensin theories of the twentieth century and its place in the modern law of treaties. The volume includes extensive analysis of the interpretation of jus cogens obligations by international courts and tribunals, as well as by various domesticcourts, including those of Italy, Greece, Canada, the US, and the UK. The volume concludes with a consideration of the place ofjus cogensin modern scholarship.
LF/739862/R
Характеристики
- ФИО Автора
- Dinah Shelton
- Язык
- Английский
- Серия
- Elements of International Law
- ISBN
- 9780198865957
- Дата выхода
- 2021