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Legal Consequences of Peremptory Norms in International Law


Part of Cambridge Studies in International and Comparative Law

  • Date Published: September 2017
  • availability: Temporarily unavailable - available from December 2017
  • format: Hardback
  • isbn: 9781107145030

£ 85.00

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About the Authors
  • 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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    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 December 2017
  • 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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