Peremptory Norms in International Law
Peremptory Norms in International Law
Cite
Orakhelashvili, Alexander,
Peremptory Norms in International Law
, Oxford Monographs in International Law
(2008;
online edn,
Oxford Academic
, 1 Jan. 2009
), https://doi.org/10.1093/acprof:oso/9780199546114.001.0001,accessed 29 Oct. 2022.
Abstract
This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approached with sceptical nihilism, nevertheless attract growing doctrinal and practical attention, and have increasing importance in determining the permissible limits on the action of State and non-State actors in different areas. In view of this overriding impact on what might otherwise be instances of the law-making process, peremptory norms concern a constitutional aspect of international law. Peremptory norms are non-derogable norms, and the concept of derogation is among the key concepts analysed here. Derogation from peremptory norms can be attempted in a wide variety of situations, but if peremptory norms are to operate as norms and not merely as aspirations, they must generate consequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields. The hierarchical superiority of peremptory norms is not limited to the sphere of primary legal relations, but becomes most crucially relevant after a specific peremptory norm is breached. A norm's peremptory character is relevant not only for its substance but also for its consequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.
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Front Matter
- Introduction
- Introduction
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PART I The Concept and Identification of Peremptory Norms
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PART I The Concept and Identification of Peremptory Norms
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PART II The Effect of Peremptory Norms in General International Law
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6
The Effect of Jus Cogens in the Law of Treaties
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Peremptory Norms and the Validity of the Actions of States
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Remedies for Breaches of Peremptory Norms
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Peremptory Norms and the Allocation of Jurisdiction to States
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10
Peremptory Norms and State Immunity
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11
Problems of Subsequent Validation of Breaches of Jus Cogens
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6
The Effect of Jus Cogens in the Law of Treaties
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PART II The Effect of Peremptory Norms in General International Law
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Expand
6
The Effect of Jus Cogens in the Law of Treaties
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Expand
7
Peremptory Norms and the Validity of the Actions of States
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Expand
8
Remedies for Breaches of Peremptory Norms
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Expand
9
Peremptory Norms and the Allocation of Jurisdiction to States
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Expand
10
Peremptory Norms and State Immunity
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Expand
11
Problems of Subsequent Validation of Breaches of Jus Cogens
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Expand
6
The Effect of Jus Cogens in the Law of Treaties
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PART III Peremptory Norms and the Powers of International Organizations: Preliminary Questions
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International organizations are established by...
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12
The Nature and Scope of Jus Cogens Limitations on the Security Council's Powers
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13
The Normative Conflict between a Security Council Resolution and Jus Cogens: The Practice of the Security Council
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14
Legal Consequences of the Conflict of a Security Council Resolution with Peremptory Norms
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International organizations are established by...
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PART III Peremptory Norms and the Powers of International Organizations: Preliminary Questions
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International organizations are established by...
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Expand
12
The Nature and Scope of Jus Cogens Limitations on the Security Council's Powers
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Expand
13
The Normative Conflict between a Security Council Resolution and Jus Cogens: The Practice of the Security Council
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Expand
14
Legal Consequences of the Conflict of a Security Council Resolution with Peremptory Norms
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International organizations are established by...
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PART IV Peremptory Norms and the Powers of International Tribunals
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PART IV Peremptory Norms and the Powers of International Tribunals
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PART V The Effect of Peremptory Norms in National Legal Systems
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PART V The Effect of Peremptory Norms in National Legal Systems
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End Matter
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