Jus cogens : international law and social contract / Thomas Weatherall.

Format:

Book

Author/Creator:

Weatherall, Thomas, author.

Language:

English

Subjects (All):

Jus cogens (International law).

Physical Description:

1 online resource (xliv, 509 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2015.

System Details:

text file

PDF

Summary:

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.

Contents:

Machine generated contents note: 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.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139976664

Access Restriction:

Restricted for use by site license.