Sunday, November 8, 2015

New Books Noted: Jus Cogens

Hart Publishing has a new book on jus cogens -- that special kind of rule of law that is simply so important and fundamental that the international community will reject any derogation from it. Although the international community agrees on the effect of a jus cogens rule, there's always been a question about what is or isn't a rule of jus cogens. 

This new book by Professor Robert Kolb (University of Geneva) is called "Peremptory International Law: Jus Cogens," and it may help scholars and advocates who need a deeper understanding of the jus cogens. The book begins with a section that defines jus cogens and its functions, followed by critiques of the doctrine (for example, a political argument that "Jus Cogens is dangerous for international law and is a tool for political manipulation."). That section is followed by others that discuss theories of jus cogens, legal construction, special issues, sources of jus cogens, effects of jus cogens, and conflicts between norms of jus cogens.

I've had a chance to see only the table of contents for this book, but its treatment and coverage seem to add something to our understanding of jus cogens.  I can imagine the delight of  moot court teams competing in the Philip C. Jessup International Law Moot Court competition when they discover this title.

Further information about the book can be found by clicking here. And if you have a chance to see the book, let us know your thoughts about it in the comment section.


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