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  1. Home
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  3. Jus Cogens
  • Cited by 19
Publisher:
Cambridge University Press
Online publication date:
August 2015
Print publication year:
2015
Online ISBN:
9781139976664
DOI:
https://doi.org/10.1017/CBO9781139976664
Subjects:
Public International Law, Law, Politics and International Relations, International Relations and International Organisations
Information

Book description

One of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally state-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a state-based legal order, and values common to the international community as a whole.

Awards

Co-Winner, 2017 ILAW Book Award, International Law Section, International Studies Association

Reviews

'[Weatherall's] volume has the virtue of delving deeply into international and national jurisprudence to examine how courts have referred to jus cogens and what effects have resulted. The compilation of national court judgments referring to jus cogens is, on its own, quite impressive …'

Dinah Shelton Source: American Journal of International Law

'Mediating between the view that the moral dimension of human dignity itself explains the peremptory force and the view that the legal effects of jus cogens are simply based on state consent, Weatherall would like to reconcile natural law and positivist approaches.'

Thomas Kleinlein Source: The European Journal of International Law

'This short review does not allow for a more detailed analysis of this work, and cannot, therefore, do justice to Weatherall's extensive argumentation. While some readers may feel as though certain questions posed by the author remain unsettled, it is likely that the sheer complexity of this topic, which builds upon all of international law's foundational notions, makes such an impression inevitable. In sum, this book should be recommended: as the ILC is about to consider the first report of its Special Rapporeur on Jus Cogens, Weatherall's volume stands as an indispensable resource for the fascinating debates to come.'

Sevrine Knuchel Source: Netherlands International Law Review

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Contents

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Contents

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