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The Maxim “Law Does Not Arise From the Violation of Law” and the Modification of Peremptory Norms [PDF]

Pravovedenie, 2018
Maxim “ex injuria jus non oritur” is not only a general legal, but also an international legal principle, which states that law doesn’t arise from the violation of law.
Chernichenko, Stanislav V.
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Peremptory Norms and Fundamental Values

2022
The International Law Commission recently adopted a set of draft conclusions and commentaries on peremptory norms of general international law (jus cogens). It’s quite likely that the ILC’s work will be widely viewed as a definitive restatement of the law in this area. But the conclusions are at best ambiguous about what holds this area of law together.
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Remedies for Breaches of Peremptory Norms

2008
AbstractThis chapter begins by focusing on the impact of jus cogens on the law of reparation: the duty to provide restitution, compensation, and satisfaction to redress the wrong caused to States and their nationals. It then covers the invocation of jus cogens norms in case of their breach (erga omnes obligations), including the possibility of third ...
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Peremptory Norms and International Judicial Jurisdiction

2008
AbstractThis chapter considers the general interaction between international judicial jurisdiction and jus cogens, in the context of more general theses that while on the one hand judicial jurisdiction is based on consent, the principal profile of jus cogens is its effect-oriented character.
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Self-Defence, Pernicious Doctrines, Peremptory Norms

2019
From the Publisher On 21 August 2015, British Prime Minister David Cameron authorised the killing with military force of a British national, twenty-one-year-old Reyaad Khan. Khan and two other men riding in a vehicle with him were blown to shreds by Hellfire missiles launched from a remotely piloted drone. The attack occurred in Syria, despite the fact
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The Utility of Regional Peremptory Norms in International Affairs

2009
<div> This article explores the evolving concept of international jus cogens –&nbsp;<span>fundamental, overriding peremptory norms that nation-states cannot violate. It examines whether a regional set of norms can form regional jus cogens and considers its implications for international affairs.
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Acceptability, Impartiality, and Peremptory Norms of General International Law

Law and Philosophy, 2015
Peremptory norms of general international law (jus cogens) are universally binding prohibitions that override any consideration for non-compliance (e.g., genocide and slavery). The question is how nonconsensual norms emerge from a consensual international legal order.
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Cooperating Through the General Assembly to End Serious Breaches of Peremptory Norms

International and Comparative Law Quarterly, 2022
Rebecca Barber
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Serious Breaches of Peremptory Norms

2014
Wyler, E., Castellanos-Jankiewicz, L.
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Regional peremptory norms in international law: myth or reality

Meždunarodnoe pravosudie
According to the common definition, a peremptory norm of general international law (jus cogens) is a norm that is accepted and recognized by the international community of states as a whole as a norm from which no deviation is permissible and which can be modified only by a subsequent norm of general international law of the same character.
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