The International Law Commission's Draft Conclusions on Peremptory Norms / Dire Tladi.
2024
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Author
Title
The International Law Commission's Draft Conclusions on Peremptory Norms / Dire Tladi.
Imprint
Oxford : Oxford University Press, Incorporated, [2024]
Description
1 online resource
Series
Oxford public international law.
Formatted Contents Note
The International Law Commission's draft conclusions: setting the scene
Scope of the draft conclusions
Definitional issues
Identifying peremptory norms
The first criterion: a norm of general international law
The second criterion: acceptance and recognition by the international community as a norm from which no derogation is permitted
The second criterion: evidence of acceptance and recognition
Consequences of jus cogens for treaties
Consequences of jus cogens for other sources of obligation
Consequences of jus cogens for the law of state responsibility
Particular consequences of jus cogens norms
Jus cogens and interpretation in international law
Recommended dispute settlement procedure
Non-exhaustive list of jus cogens norms
Prospects and concluding thoughts.
Scope of the draft conclusions
Definitional issues
Identifying peremptory norms
The first criterion: a norm of general international law
The second criterion: acceptance and recognition by the international community as a norm from which no derogation is permitted
The second criterion: evidence of acceptance and recognition
Consequences of jus cogens for treaties
Consequences of jus cogens for other sources of obligation
Consequences of jus cogens for the law of state responsibility
Particular consequences of jus cogens norms
Jus cogens and interpretation in international law
Recommended dispute settlement procedure
Non-exhaustive list of jus cogens norms
Prospects and concluding thoughts.
Summary
"In 2022, the ILC adopted the Draft Conclusions on Peremptory Norms of General International Law. The text of the Draft Conclusions consists of twenty-three Draft Conclusions and addresses two aspects: the identification of peremptory norms and their legal consequences. Attached to the Draft Conclusions is an Annex with a non-exhaustive list of jus cogens norms previously identified by the Commission. The International Law Commission's Draft Conclusions on Peremptory Norms serves, in part, as a commentary on the ILC's work and provides a broader understanding of the Draft Conclusions from the perspective of an insider. The book goes beyond a commentary, however, as it provides an analysis and evaluation of the broader legal issues raised by the Draft Conclusions. Relying inter alia on the discussions within the Commission and the doctrinal debate surrounding the concepts covered, the book will not only offer explanation of what is addressed in the Draft Conclusions but also an assessment of the choices made by the Commission and the consequences of those choices" -- Back cover.
Note
Description based online resource (viewed December 10, 2024)
Bibliography, etc. Note
Includes bibliographical references and index.
Linked Resources
Alternate Title
Oxford Academic
Language
English
ISBN
9780192661227
0192661221
0192846094
9780192846099
0191938483
9780191938481
0192661221
0192846094
9780192846099
0191938483
9780191938481
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