Understanding Jus Cogens in International Law and International Legal Discourse |
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| Author:
| Linderfalk, Ulf |
| Series title: | Elgar International Law Ser. |
| ISBN: | 978-1-78643-950-5 |
| Publication Date: | Jan 2020 |
| Publisher: | Edward Elgar Publishing, Incorporated
|
| Book Format: | Hardback |
| List Price: | USD $144.00 |
Book Description:
|
Whilst the concept of
jus cogenshas grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a
jus cogensstatus on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.
Offering a new focus for jus...
More Description
Whilst the concept of
jus cogenshas grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a
jus cogensstatus on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.
Offering a new focus for jus cogensresearch, this insightful work moves beyond traditionally designed investigations of the application of jus cogensin international law and instead analyses the many implicit basic assumptions held by participants in international legal discourse, and the way in which these assumptions explain their various claims. Clarifying the precise relationship between submitted propositions and a legal positivist or legal idealist frame of mind, this captivating book will influence not only the future understanding and practice of international law, but also its codification and progressive development.
Scholars and advanced students of public international law, and international legal theory especially, will find this book a stimulating and novel read. Practitioners and judicial bodies will also benefit from a deeper understanding of the many issues and influences surrounding the concept of jus cogens.