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2018
Abstract This chapter examines how domestic courts have ruled in cases involving the concept of jus cogens. Two approaches pervade most of the relevant international and domestic case law on jus cogens. The constitutionalist approach views jus cogens as substantive rules of higher hierarchical status and as constitutional norms ...
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Abstract This chapter examines how domestic courts have ruled in cases involving the concept of jus cogens. Two approaches pervade most of the relevant international and domestic case law on jus cogens. The constitutionalist approach views jus cogens as substantive rules of higher hierarchical status and as constitutional norms ...
exaly +2 more sources
2021
Abstract 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,
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Abstract 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,
openaire +2 more sources
An even cursory look at the international law literature and the recent works of the International Law Commission (ILC) on the subject confirm that jus cogens is a controversial notion. A variety of positions have been put forward concerning the identification, legal basis, consequences, interactions with other international rules etc.
beatrice bonafe, maurizio Arcari
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beatrice bonafe, maurizio Arcari
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