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What Is So Special About Jus Cogens: On The Distinction Between The Ordinary And The Peremptory International Law, Ulf Linderfalk
What Is So Special About Jus Cogens: On The Distinction Between The Ordinary And The Peremptory International Law, Ulf Linderfalk
Ulf Linderfalk
What, exactly, is it about Jus Cogens that distinguishes it from ordinary international law? In answering this question, international lawyers usually resort to the “the Legal-Consequences-as-Criterion Theory“: while ordinary international law can be rebutted or modified in accordance with the duly expressed will of states, Jus Cogens norms permit no derogation and allow modification only by the creation of a new norm having the same character. In the present essay, this theory is subjected to analysis and assessment. Section 2 inquires into the relationship between the Legal-Consequences-as-Criterion Theory and the general definition of Jus Cogens reflected in Article 53 of …