Jus Cogens

The doctrine of peremptory norms (jus cogens) is a set of core obligations in international law, explored in this volume by Dinah Shelton. It discusses its origins, revival in the twentieth century, and its place in international and domestic jurisprudence.

Format: Paperback / softback
Length: 144 pages
Publication date: 20 May 2021
Publisher: Oxford University Press

The doctrine of peremptory norms (jus cogens) is a vital and integral component of international law, encompassing a set of core obligations that hold significant importance in the global legal framework. In this comprehensive volume, esteemed scholar Dinah Shelton delves into the origins, historical development, revival, and contemporary significance of jus cogens. Through a fresh, objective, and non-argumentative approach, Shelton seeks to provide a valuable resource for practitioners, scholars, and students of international law.

The Elements of International Law series, of which this volume is a part, aims to offer an accessible and comprehensive guide to the discipline. It serves as a trusted go-to source for practicing international lawyers, judges, arbitrators, government and military officers, scholars, teachers, and students alike. Shelton begins her exploration by tracing the roots of jus cogens to the writings of influential legal scholars such as Grotius, Vattel, and Suarez. She demonstrates how the theory of jus cogens drew upon Roman law for its foundational principles.

In the subsequent chapter, Shelton delves into the emergence of positivism, a philosophical school of thought that rejected the notion of non-consensual obligations binding States to international norms. She critically examines the implications of positivism and its impact on the understanding and application of jus cogens. Shelton then turns her attention to the re-emergence of jus cogens in the theories of the twentieth century. She explores how jus cogens has been incorporated into modern treaty law and its role in shaping the international legal landscape.

The volume includes extensive analysis of the interpretation of jus cogens obligations by international courts and tribunals, as well as by various domestic courts from different countries, including Italy, Greece, Canada, the United States, and the United Kingdom. Shelton's comprehensive examination of these cases sheds light on the diverse approaches and interpretations adopted by different legal systems.

Furthermore, the volume concludes with a thoughtful consideration of the place of jus cogens in modern scholarship. Shelton explores the ongoing debates and discussions surrounding the doctrine, its evolution, and its relevance in the contemporary world. She highlights the challenges and complexities associated with the application of jus cogens and the need for further refinement and development in the field of international law.

In conclusion, The Doctrine of Peremptory Norms (Jus Cogens) is a seminal work in the field of international law. Through its comprehensive exploration of the origins, historical development, revival, and contemporary significance of jus cogens, Shelton provides a valuable resource for practitioners, scholars, and students alike. The Elements of International Law series, of which this volume is a part, aims to promote a deeper understanding of international law and its role in shaping the global legal landscape.

Weight: 192g
Dimension: 139 x 214 x 12 (mm)
ISBN-13: 9780198865964