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This book explores consequences arising in the field of State responsibility in relation to those arising for the individual in international criminal law, a relationship that broadly defines duality of responsibility in international law.
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.
This book provides a comprehensive political and legal examination of jus cogens, a complex doctrine essential to contemporary international society.
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Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.