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Peremptory Norms in International Law
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Peremptory Norms in International Law
Paperback ISBN: 9780199546114
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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.
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.
| ISBN | 199546118 |
| ISBN13 | 9780199546114 |
| Publisher | Oxford University Press |
| Format | Paperback |
| Publication date | 05/06/2008 |
| Pages | 672 |
| Weight (grammes) | 1001 |
| Published in | United Kingdom |
| Height (mm) | 234 |
| Width (mm) | 156 |
PART I IDENTIFICATION OF PEREMPTORY NORMS
1. Peremptory Norms as International Public Order
2. The Criteria of Identification of Peremptory Norms and their Specific Groups
3. Distinctive Characteristics of Peremptory Norms: Absolute Character, Non-Derogability and the Effect-Oriented Profile
4. Concepts Cognate to Peremptory Norms
5. Sources of Peremptory Norms
PART II EFFECT OF PEREMPTORY NORMS IN GENERAL INTERNATIONAL LAW
6. Impact of Peremptory Norms in the Law of Treaties
7. Peremptory Norms and the Validity of the Actions of States
8. Remedies for Breaches of Peremptory Norms
9. Peremptory Norms and the Allocation of Jurisdiction to States
10. Peremptory Norms and State Immunity
11. The Problem of Subsequent Validation of Breaches of Peremptory Norms
PART III PEREMPTORY NORMS AND THE POWERS OF INTERNATIONAL ORGANISATIONS
12. The Applicability of Peremptory Norms to the Acts of International Organisations
13. The Types of Conflicts of the Acts of International Organisations with Peremptory Norms
14. Legal Consequences of the Conflict of Security Council Resolution with Peremptory Norms
PART IV PEREMPTORY NORMS AND THE POWERS OF INTERNATIONAL TRIBUNALS
15. Peremptory Norms and International Judicial Jurisdiction
16. Peremptory Norms and the Standing to Bring Claims
17. Peremptory Norms and Friendly Settlement and Discontinuance of Cases
PART V EFFECT OF PEREMPTORY NORMS IN NATIONAL LEGAL SYSTEMS
18. Techniques of Interaction of International Jus Cogens with National Law
19. Peremptory Norms and Acts of Foreign States in Private International Law
Conclusion
Appendix
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