Order, Ethics and the Constitution of International Society: Rethinking the Concept of Jus Cogens
Journal: Durham e-Theses (Durham University)
Year: 2016

This thesis develops a sociological approach to theorising the emergence and nature of international peremptory law. It argues that due to its focus on formalism and abstract notions of rights, traditional legal treatments have failed to acknowledge the socially constructed nature of higher order norms. To address this shortcoming, the thesis transfers the concept of jus cogens into the realm of International Relations. Drawing on insights from constructivism and English School theory, it situat