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Northwestern Pritzker School of Law

Conflict of Laws

Jus cogens

Articles 1 - 3 of 3

Full-Text Articles in Law

It's A Bird, It's A Plane, It's Jus Cogens!, Anthony D'Amato Jan 2010

It's A Bird, It's A Plane, It's Jus Cogens!, Anthony D'Amato

Faculty Working Papers

What we require—like the third bowl of soup in the story of the three bears—is a theory of jus cogens that is Just Right. I do not know if such a theory is possible. I don't even know if one is conceivable. But if someone conceives it, that person deserves the very next International Oscar. To qualify for the award, the theory must answer the following questions:


There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato Jan 2010

There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato

Faculty Working Papers

Comments on Prof. Jianming Shen's position that humanitarian intervention is unlawful under international law and that there is a principle of non-intervention in international law that is so powerful that it amounts to a jus cogens prohibition.


Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato Jan 2010

Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato

Faculty Working Papers

The question for us international lawyers is how, and how much of, public sentiment for human rights has been transformed into binding international law.