Jus Cogens: International Law and Social Contract

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.

Author: Thomas Weatherall
Publisher: Cambridge University Press
Published: 07/16/2015
Pages: 554
Binding Type: Hardcover
Weight: 1.99lbs
Size: 9.00h x 6.00w x 1.19d
ISBN: 9781107081765

About the Author
Weatherall, Thomas: - Thomas Weatherall holds a JD from Georgetown University, Washington DC, a PhD in International Law from the University of Cambridge, an MSc in Global Governance and Diplomacy from the University of Oxford, and a BA in International Studies from The Johns Hopkins University, Maryland. This book is based on the doctoral thesis completed by the author as an International Scholar of the Cambridge Overseas Trust at the University of Cambridge.