Peremptory international law - Jus cogens: a general inventory

Robert Kolb, one of the leading international scholars of his generation, offers a seminal survey of the question of peremptory international law. The author analyses and systemises different questions, such as: the typology of peremptory norms beyond the Vienna Convention on the Law of Treaties; here he distinguishes between 'public order' jus cogens and mere 'public utility' jus cogens. Furthermore, what about relative jus cogens, such as regional jus cogens norms or conventional jus cogens norms? What about some consequences of jus cogens breaches in the law of State responsibility: are the.

Cover; Half-title; Title; Copyright; Preface; Contents; Table of Cases; Table of Legislation; 1. Definition and Functions of Jus Cogens; I. Definitional Issues; A. Concept; B. Opinions; C. Definitions; II. Functions of Jus Cogens; 2. Negationism: The Adversaries of Jus Cogens; I. An Institutional Critique: Jus Cogens Supposes a Centralised Legal Order; II. A Structural Argument: Jus Cogens Supposes a Clear Distinction Between the Creators and the Subjects of the Law, and Between Objective Law and Contractual Engagements.

III. A Second Structural Argument: Jus Cogens Supposes a Hierarchy or Differentiation of Norms Unknown to International LawIV. A Positive Law Argument: Jus Cogens is Not Recognised in the International Legal Order; V.A Pragmatic Argument: Jus Cogens is Useless; VI. A Political Argument: Jus Cogens is Dangerous for International Law and is a Tool for Political Manipulation; VII. A Multicoloured Bouquet of Arguments Against Jus Cogens: M Glennon; 3. Theories of Jus Cogens; I. Jus Cogens as an Expression of Natural Law.

II. Jus Cogens as the Public Order of the International Community, Giving Rise to Hierarchically Superior Norms (Rules of Vertical Collision)III. J…