The doctrine of peremptory norms (jus cogens) is a set of core obligations in international law. In this volume in the Elements 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 of jus cogens drew 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 of jus cogens in 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 domestic courts, including those of Italy, Greece, Canada, the US, and the UK. The volume concludes with a consideration of the place of jus cogens in modern scholarship.
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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.
1: Introduction
2: The Origins and Sources of Jus Cogens
3: The Vienna Conventions on the Law of Treaties
4: Recent work of the International Law Commission
5: State Practice
6: Jus Cogens in Modern Legal Scholarship
7: Functions of Jus Cogens
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Provides a comprehensive overview of the significance and key doctrinal uses of jus cogens
Explores the place of jus cogens in legal scholarship from the writings of Grotius to the present day
Considers the use of jus cogens in various domestic courts, including those of Italy, Greece, Canada, the US, and the UK
Les mer
Dinah Shelton is the emeritus Manatt/Ahn professor of law at the George Washington University Law School. She joined the faculty in 2004 after serving as professor of international law and director of the doctoral program in international human rights law at the University of Notre Dame Law School from 1996-2004.
Les mer
Provides a comprehensive overview of the significance and key doctrinal uses of jus cogens
Explores the place of jus cogens in legal scholarship from the writings of Grotius to the present day
Considers the use of jus cogens in various domestic courts, including those of Italy, Greece, Canada, the US, and the UK
Les mer
Produktdetaljer
ISBN
9780198865957
Publisert
2021
Utgiver
Oxford University Press
Vekt
314 gr
Høyde
222 mm
Bredde
145 mm
Dybde
13 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
144
Forfatter