Part I. Peremptory norms of general international law (jus cogens) 1. International law 2. The social contract Part II. The authority of jus cogens 3. The interests of the international community 4. Human dignity as a general principle of law 5. The authority of jus congens 6. Expression of an international social contract Part III. Material and formal sources of jus cogens 7. Historical antecendents 8. The formal source of peremptory norms 9. Normativity and postivism : a reconciliation Part IV. Peremptory norms and the individual 10. Contemporary legal foundations 11. The content of jus cogens 12. Individual responsibility 13. The form of jus cogens Part V. Peremptory norms and the state 14. The enforcement of jus cogens : obligations erga omnes 15. State responsibility and jus cogens 16. An illustration : the Libya crisis 17. Realizing the international social contract Part VI. International law and social contract 18. Legal observations 19. Theoretical implications 20. Annex [selected, illustrative cases].
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.