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Legal Consequences of Peremptory Norms in International Law

£85.00

Part of Cambridge Studies in International and Comparative Law

  • Date Published: September 2017
  • availability: Temporarily unavailable - available from January 2018
  • format: Hardback
  • isbn: 9781107145030
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  • When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.

    • Proposes a return to the classical understanding of peremptory norms
    • Focuses on state practice, including historical practice, as well as international legal instruments, offering a repository of materials on which scholars and practitioners can draw
    • Explores the analytical connections between peremptory norms and other features of general international law, such as obligations erga omnes
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    Customer reviews

    17th Dec 2017 by PhillipTaylor

    A MOST IMPORTANT STATEMENT ON THE VEXING SUBJECT OF NORMS FOR STUDENTS OF JURISPRUDENCE An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” Yes, this is not the easiest of titles and not the easiest of books to read. Therefore, this is not a book for the legal novice, but it remains impressive nonetheless. The first question posed in what is a thesis is: when is a norm peremptory? This is a matter which has troubled legal scholars and jurisprudents throughout the development of modern international law and its consequences, and will continue to do so for the foreseeable future. In his book, Daniel Costelloe makes several highly interesting observations by using a scholastic examination of State practice and international materials. His view, we think, is that it is the legal consequences of a norm which distinguish it as “peremptory”. Norms come in different forms for the jurisprudent: “legal norms” are defined as binding rules of conduct issued by the state authority which is the standard meaning for students. The point which is developed means that legal norms are “intended for the regulation of social relations” which is probably the best perspective on the concept. Scholars suggest that legal norms determine the rights and duties of the subjects of legal relations. As is the case with the study of legal philosophies, we then consider “moral norms” which are the rules of morality that people ought to follow, possibly known as “natural law”. An evolutionary explanation of the emergence of moral norms proceeds in various stages. The starting point is that one must give an account of how behaviour according to theses norms can arise, and what their consequences are. The author’s aim is to shed “new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity”. Costelloe continues, stating that “unlike their substance or identification, the consequences of peremptory norms have remained under-studied”. Not surprising as the concept of the “norm” is neither easy to teach or to understand for many students! This book is the first specifically published on this topic as far as we know, and it will be essential reading for all scholars and practitioners of public international law. We remain very grateful to Cambridge University Press for publishing it to widen the debate as the image of international law changes. The publication date for this edition is cited as at 31st October 2017.

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    Product details

    • Date Published: September 2017
    • format: Hardback
    • isbn: 9781107145030
    • length: 374 pages
    • dimensions: 235 x 158 x 23 mm
    • weight: 0.66kg
    • availability: Temporarily unavailable - available from January 2018
  • Table of Contents

    1. Peremptory norms and their legal consequences as a feature of general international law
    2. Legal consequences for treaties
    3. Peremptory norms outside the Vienna convention: treaties of questionable validity by reason of their content
    4. Legal consequences for security council resolutions
    5. Legal consequences for certain unilateral acts
    6. Legal consequences in the law of international responsibility
    7. Legal consequences for state immunity
    General conclusions.

  • Author

    Daniel Costelloe, Wilmer Cutler Pickering Hale and Dorr LLP
    Daniel Costelloe is a senior associate in the international arbitration group at Wilmer Cutler Pickering Hale and Dorr LLP. Before this he held a W. M. Tapp Studentship in Law at Gonville and Caius College, Cambridge.

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