Peremptory International Law - Jus Cogens: A General Inventory [Paperback]

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 cogensand mere 'public utility'jus cogens. Furthermore, what about relativejus cogens,such as regionaljus cogensnorms or conventionaljus cogensnorms? What about some consequences ofjus cogensbreaches in the law of State responsibility: are they themselvesjus cogens? Thus, can individual war reparations be renounced by lump-sum agreements? What happens if differentjus cogensnorms are in conflict? Is there a difference between the scope ofjus cogensin inter-State relations and its scope for other subjects of law, such as the UN and its Security Council? Isjus cogensnecessarily predicated on the concept of a hierarchy of norms? What is the exact extent of the peremptory nature of some rules? Sometimes, only the core of a principle is peremptory, while its normative periphery is not. Also, in the use of force, the peremptory character of the provision is compatible with agreements falling under the recognised exceptions, such as collective self-defence. These and other unusual questions are discussed in the present book.Robert Kolb is Professor of Public International Law at the University of Geneva. He is also Counsel for Lalive Attorneys-at-Law, Geneva.

1. Definition and Functions ofJus Cogens
2. Negationism: The Adversaries ofJus Cogens
3. Theories ofJus Cogens
4. Legal Construction of InternationalJus Cogens
5. Sources ofJus Cogens
6. Effects ofJus Cogens
7. A Blind Spot: Conflicts BetweenJus Cogens