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Human Rights Law

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University of Michigan Law School

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2006

Gender bias and human rights law

Articles 1 - 1 of 1

Full-Text Articles in Law

The Gender Of Jus Cogens, Christine M. Chinkin, Hilary Charlesworth Jan 2006

The Gender Of Jus Cogens, Christine M. Chinkin, Hilary Charlesworth

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Defenders of the notion of jus cogens often explain its basis as the collective international, rather than the individual national, good. On this analysis, principles of jus cogens play a similar role in the international legal system to that played by constitutional guarantees of rights in domestic legal systems. Thus states, as national political majorities, accept the limitation of their freedom of choice "in order to reap the rewards of acting in ways that would elude them under pressures of the moment." Among those jurists who accept the category of jus cogens, however, continuing controversy remains over what norms …