Jus Cogens: International Law and Social Contract
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| Anteprima |
One
of the most complex doctrines in contemporary international law, jus
cogens is the immediate product of the socialization of the
international community following the Second World War. However, the
doctrine resonates in a centuries-old legal tradition which constrains
the dynamics of voluntarism that characterize conventional international
law. To reconcile this modern iteration of individual-oriented public
order norms with the traditionally state-based form of international
law, Thomas Weatherall applies the idea of a social contract to
structure the analysis of jus cogens into four areas: authority,
sources, content and enforcement. The legal and political implications
of this analysis give form to jus cogens as the product of interrelation
across an individual-oriented normative framework, a state-based legal
order, and values common to the international community as a whole.
