ENGLISH

The Fundamental Rules of the International Legal Order: Jus Cogens And Obligations Erga Omnes

By Christian Tomuschat; Jean-Marc Thouvenin

Book information

Year
2005
ISBN
9789004149816, 9004149813
Open Library ID
OL9085490M
Language
english
Format
PDF
Filesize
3 MB (2644636 bytes)
Pages
481\483
Time added
2011-06-04 13:46:07

Description

Jus cogens has become one of the most frequently used arguments in international law. Some authors ride roughshod over the traditional regimes, claiming that the effectiveness of jus cogens or obligations erga omnes must be the paramount consideration in any conceivable instances, even concerning their indirect repercussions. This book, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct. It will thus contribute to clarifying the true meaning of jus cogens and other similar concepts not only for the sake of academic determinacy, but also for such practical purposes as jurisdictional immunities.

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