The Authority of Peremptory Norms in International Law: State Consent or Natural Law?

in Nordic Journal of International Law
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

Peremptory norms, or norms jus cogens, hold a unique position in the hierarchy of international law. Unlike customary international law and treaty law, peremptory norms abide no derivation and are binding on all states regardless of their willingness to be bound by them. As a result, the authority of peremptory norms, it is argued, cannot be adequately explained by current positivist and voluntarist explanations of their authority. This article discusses the inadequacies of the positivist explanation and puts forward an alternative natural law explanation for the authority of peremptory norms which avoids the conceptual difficulties found in the positivist account. Finally, in the concluding section I address a number of potential realist and post-modernist counter arguments to my position and dismiss them as unconvincing.

Nordic Journal of International Law

Acta scandinavica juris gentium

Sections

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 12 12 7
Full Text Views 6 6 5
PDF Downloads 2 2 0
EPUB Downloads 0 0 0