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The Effect of Jus Cogens Norms: : Whoever Opened the Pandora’s Box, Did You Think About the Consequences?

Linderfalk, Ulf LU (2007) In European Journal of International Law 18(5). p.853-871
Abstract
This article forms a contribution to the ongoing scholarly debate on the possible effect of jus cogens norms. For the purpose of the article, it is assumed that peremptory norms certainly exist in positive international law. According to the argument, even if we limit the effects of jus cogens norms to those described in the 1969 Vienna Convention, the jus cogens concept takes us farther than most commentators seem to realize. This is due partly to the power potential invested in the jus cogens concept, partly to the intricate structure typical of legal norms. In fact, as argued in this article, if we take the existence of peremptory international law to its logical consequence, it will carry too far: most actors on the international arena... (More)
This article forms a contribution to the ongoing scholarly debate on the possible effect of jus cogens norms. For the purpose of the article, it is assumed that peremptory norms certainly exist in positive international law. According to the argument, even if we limit the effects of jus cogens norms to those described in the 1969 Vienna Convention, the jus cogens concept takes us farther than most commentators seem to realize. This is due partly to the power potential invested in the jus cogens concept, partly to the intricate structure typical of legal norms. In fact, as argued in this article, if we take the existence of peremptory international law to its logical consequence, it will carry too far: most actors on the international arena will consider the effects unacceptable. Using as
an example the jus cogens norm most often referred to in the literature – the principle of non-use of force – it is a purpose of the present article to establish this proposition as valid. A second purpose is to attract attention to what appears to be the really crucial question for further discussion: How should the effects of jus cogens be limited? Whoever opened the Pandora’s Box that once contained the jus cogens concept obviously did not fully realize the consequences that this would have for international law in general. How
can this situation be remedied? (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Public international law, Folkrätt
in
European Journal of International Law
volume
18
issue
5
pages
853 - 871
publisher
Oxford University Press
external identifiers
  • wos:000253486900004
  • scopus:38949138724
ISSN
1464-3596
DOI
10.1093/ejil/chm044
language
English
LU publication?
yes
id
89f379b7-b213-41d5-a25a-36e41607b59e (old id 929665)
date added to LUP
2016-04-04 11:12:37
date last changed
2020-12-08 04:07:57
@article{89f379b7-b213-41d5-a25a-36e41607b59e,
  abstract     = {This article forms a contribution to the ongoing scholarly debate on the possible effect of jus cogens norms. For the purpose of the article, it is assumed that peremptory norms certainly exist in positive international law. According to the argument, even if we limit the effects of jus cogens norms to those described in the 1969 Vienna Convention, the jus cogens concept takes us farther than most commentators seem to realize. This is due partly to the power potential invested in the jus cogens concept, partly to the intricate structure typical of legal norms. In fact, as argued in this article, if we take the existence of peremptory international law to its logical consequence, it will carry too far: most actors on the international arena will consider the effects unacceptable. Using as<br/>an example the jus cogens norm most often referred to in the literature – the principle of non-use of force – it is a purpose of the present article to establish this proposition as valid. A second purpose is to attract attention to what appears to be the really crucial question for further discussion: How should the effects of jus cogens be limited? Whoever opened the Pandora’s Box that once contained the jus cogens concept obviously did not fully realize the consequences that this would have for international law in general. How<br/>can this situation be remedied?},
  author       = {Linderfalk, Ulf},
  issn         = {1464-3596},
  language     = {eng},
  number       = {5},
  pages        = {853--871},
  publisher    = {Oxford University Press},
  series       = {European Journal of International Law},
  title        = {The Effect of Jus Cogens Norms: : Whoever Opened the Pandora’s Box, Did You Think About the Consequences?},
  url          = {http://dx.doi.org/10.1093/ejil/chm044},
  doi          = {10.1093/ejil/chm044},
  volume       = {18},
  year         = {2007},
}