Solving antinomies between peremptory norms in public international law
By: João Ernesto Christófolo
Series: Collection genevoise. Droit international; Collection genevoise
Publisher: Schulthess
Published: 2016
Place of publication: Geneve
Language: eng
Number of pages: 354
ISBN-13: 9783725585991
Copyright date: 2016
Subjects: Hierarchierelation; Antinomie; Normenkollision; Zwingendes Recht; Völkerrecht; Jus cogens (International law)
Description: "Ius cogens has been a subject of great interest in international law studies. But the inquiry into the collision between peremptory norms has been virtually non-existent. This book aims at addressing this particular doctrinal gap. Antinomies between ius cogens norms may arise in the conflicting simultaneous application of the peremptory norms on human rights, the non-use of force and self-determination. In order to determine how norms of ius cogens might be applied in situations of normative conflict - either apparent or real ones -, the author suggests the use of 'weighing and balancing' techniques. After analysing the main theories on the issue, and describing the most commonly accepted peremptory norms in current international law, this work approaches the problem of antinomies between peremptory norms by applying 'weighing and balancing' techniques to two case studies. First, the apparent conflict between the prohibition of the use of force and the prohibition of the most serious violations of human rights and international humanitarian law, as embodied in the notion of 'humanitarian intervention.' Second, the real conflict between the prohibition of the use of force and the right to self-determination as conveyed by a hypothetical Israeli-Palestinian peace agreement entailing the partial cession of occupied territories. Norms of ius cogens are known for regulating sensitive and highly axiological matters, as shown by these two case studies. As a result, finding answers to the problem of conflicting peremptory norms is important not only as regards the doctrinal advancement in the field of international law, but also for the purpose of reaching lawful solutions to central concerns of the international community at large"--Back cover.
Notes: "Universite de Geneve, Faculte de droit."

"Thèse no. 885 de la Faculte de droit de l'Universite de Geneve"--Title page verso.

Includes bibliographical references.
Table of contents: title: Antinomy in law --; title: Solving legal antinomies in public international law --; title: Material theories --; title: Hierarchial theories on ius cogens --; title: Horizontal theories --; title: Definition of ius cogens --; title: Ius cogens and the use of force --; title: The principle of self-determination --; title: Ius cogens and human rights --; title: Identifying a conflict between peremptory norms --; title: The insufficiency of traditional meta-rules --; title: Antinomy between peremptory norms : a "hard case" in international law? --; title: A lingering question : is unilateral humanitarian intervention legally compatible with the peremptory regime on the use of force? --; title: The accumulative process of human rights norms of a peremptory character and the prohibition of the use of force --; title: Solving the conflict through legal interpretation --; title: The illegal character of the Israeli occupation of Palestinian territories --; title: Consent to international agreements as an exercise of the right to self-determination by non-self governing territories --; title: Where the conflict lies : the real antinomy between the prohibition of territorial acquisition by the use of force (prohibition) and the principle of self-determination (permission) as a "hard case" of public international law ---- Conclusion.