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Jus Cogens: International Law and Social Contract

Jus Cogens: International Law and Social Contract

Name: Jus Cogens: International Law and Social Contract
Brand: Cambridge University Press
SKU: 9781107442092
Price: 479.18 HKD
Availability: InStock
Author: Thomas Weatherall
ISBN: 9781107442092

By Thomas Weatherall

Cambridge University Press February 2017

Specifications

ISBN-13: 9781107442092
Publisher: Cambridge University Press
Publication: February 2017
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Hardback

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One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law.

To reconcile this modern iteration of individual-oriented public order norms with the traditionally State-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement.

The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a State-based legal order, and values common to the international community as a whole.

Introduction: peremptory norms of general international law (jus cogens)

1. The authority of jus cogens

2. Material and formal sources of jus cogens

3. Peremptory norms and the individual

4. Peremptory norms and the State

Conclusion: international law and social contract.

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