Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions brings together an impressive collection of authors addressing both conceptual issues and challenges relating to peremptory norms of general international. Covered themes in the edited collection include concepts relating to the identification of peremptory norms, consequences of peremptory norms, critiques of peremptory norms, the relationship between peremptory norms and particular areas of international law as well as the peremptory status of particular norms of international law. The contributions are presented from an array of scholars and experts with different perspective, thus providing an interesting mosaic of thoughts on peremptory norms. Written against the backdrop of the ongoing work of the International Law Commission, it exposes some tensions inherent in the jus cogens.
Dire Tladi, PhD (2007), Erasmus University Rotterdam, is a Professor of International Law and the NRF/DST South African Research Chair at the University of Pretoria, member of the UN International Law Commission and its Special Rapporteur on Peremptory Norms and member of the Institut de Droit International.
Notes on Editor and Contributors
1 Disquisitions and Disputations
PART 1 Conceptual Issues
2 Peremptory Norms as a Legal Technique Rather than Substantive Super Norms
3 Peremptory Norms of General International Law (Jus Cogens) and the Fundamental Values of the International Community
Patrícia Galvão Teles
4 Jus Cogens and the International Community “of States” as a Whole
5 Modification of Peremptory Norms of General International Law
6 Peremptory Norms and Interpretation in International Law
Sâ Benjamin Traoré
7 Aspects of the Invalidity of Treaties on Account of Conflict with Jus Cogens Gentian Zyberi
8 Jus Cogens’ Preferred Sister: Obligations Erga Omnes and the International Court of Justice – Fifty Years after the Barcelona Traction Case
Martha M Bradley
9 Legal Consequences of Serious Breaches of Peremptory Norms in the Law of State Responsibility: Observations in the Light of the Recent Work of the International Law Commission
Helmut Philipp Aust
PART 2 Institutions and Peremptory Norms
10 African State Practice and the Formation of Some Peremptory Norms of General International Law
11 Is There Any Regional Jus Cogens in Europe? The Case of the European Convention on Human Rights
12 The Treatment of Peremptory Norms of General International Law (Jus Cogens) in the Inter-American Human Rights System
Juan José Ruda Santolaria
13 Jus Cogens and (In)application of the 1969 Vienna Convention on the Law of Treaties in the Jurisprudence of the International Court of Justice
14 The Unilateral Invocation of Jus Cogens Norms
15 Is the Right to Self-Determination Jus Cogens: Reflections on the Chagos Advisory Opinion
16 Jus Cogens and Compensation
Rosalind Elphick with John Dugard
17 Peremptory Norms and Resolutions of the United Nations Security Council
PART 3 Particular Rules and Sets of Rules
18 “Magic” or Smoke and Mirrors? The Gendered Illusion of Jus Cogens Mary H. Hansel
19 Ending the Splendid Isolation Jus Cogens and International Economic Law
Makane Moïse Mbengue and Apollin Koagne Zouapet
20 Environmental Protection as a Peremptory Norm of General International Law: Is It Time?
21 The Prohibition of Terrorism as Jus Cogens Aniel de Beer
22 The Jus Cogens Status of the Prohibition on the Use of Force: What Is Its Scope and Why Does It Matter?
Olivier Corten and Vaios Koutroulis
23 The Friendly Relations Declaration and Peremptory Norms
Jorge E. Viñuales
24 The Right to Self-Determination and Peremptory Norms
25 Sovereign Equality as a Peremptory Norm of General International Law
26 A Jus Cogens Human Rights Exception to Head of State Immunity: Fact, Fiction or Wishful Thinking?
Kobina Egyir Daniel
Anyone interested in general international law and sources of international law, including students, academics, practitioners and government officials.