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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.
This volume investigates the historical origins, theoretical development, and contemporary application of peremptory norms, known as jus cogens, within the framework of international law. Dinah Shelton, a distinguished scholar in international law, utilizes a historical and jurisprudential approach to trace the concept from its roots in Roman law and early natural law thinkers to its modern codification. The text provides a systematic examination of how these non-derogable obligations function across both international and domestic legal systems.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a foundational reference for understanding the evolution of peremptory norms. Experts note the clarity and academic rigor of the prose, making it a reliable resource for both students and experienced jurists.
Page Count:
137
Publication Date:
2021-01-01
Publisher:
OUP Oxford
ISBN-10:
0192635476
ISBN-13:
9780192635471
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