Peremptory Norms in International Law by Alexander OrakhelashviliPeremptory Norms in International Law by Alexander Orakhelashvili

Peremptory Norms in International Law

byAlexander Orakhelashvili

Paperback | May 6, 2008

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This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens). A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approachedwith 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 thelaw-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 generateconsequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields.Despite the growing relevance of peremptory norms in practice, doctrine has failed to treat the issue comprehensively and has often been limited to examining specific aspects of the problem, such as the impact of peremptory norms in the law of treaties.This fresh effort to examine and explain the phenomenon of peremptory norms in key areas fills an important doctrinal gap through presenting in a systematic way the effects of peremptory norms and reappraising the significance of such effects, bearing in mind their overall nature. It alsodemonstrates that 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 itsconsequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.
Alexander Orekhelashvili has previously lectured at the University of London, Queen Mary and Westfield College in Public International Law, and the Law of Armed Conflict. He has been a visiting research fellow at the Max-Planck Institute of International and Comparative Law, and a tutor in International Law at Jesus College, Cambridge...
Title:Peremptory Norms in International LawFormat:PaperbackDimensions:672 pages, 9.21 × 6.14 × 1.38 inPublished:May 6, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199546118

ISBN - 13:9780199546114

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Table of Contents

Part I Identification of Peremptory Norms1. Peremptory Norms as International Public Order2. The Criteria of Identification of Peremptory Norms and their Specific Groups3. Distinctive Characteristics of Peremptory Norms: Absolute Character, Non-Derogability and the Effect-Oriented Profile4. Concepts Cognate to Peremptory Norms5. Sources of Peremptory NormsPart II Effect of Peremptory Norms in General International Law6. Impact of Peremptory Norms in the Law of Treaties7. Peremptory Norms and the Validity of the Actions of States8. Remedies for Breaches of Peremptory Norms9. Peremptory Norms and the Allocation of Jurisdiction to States10. Peremptory Norms and State Immunity11. The Problem of Subsequent Validation of Breaches of Peremptory NormsPart III Peremptory Norms and the Powers of International Organisations12. The Applicability of Peremptory Norms to the Acts of International Organisations13. The Types of Conflicts of the Acts of International Organisations with Peremptory Norms14. Legal Consequences of the Conflict of Security Council Resolution with Peremptory NormsPart IV Peremptory Norms and the Powers of International Tribunals15. Peremptory Norms and International Judicial Jurisdiction16. Peremptory Norms and the Standing to Bring Claims17. Peremptory Norms and Friendly Settlement and Discontinuance of CasesPart V Effect of Peremptory Norms in National Legal Systems18. Techniques of Interaction of International Jus Cogens with National Law19. Peremptory Norms and Acts of Foreign States in Private International LawConclusionAppendix