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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.

Jus cogens --- Droit international --- Antinomie --- Hiérarchie des normes juridiques --- Völkerrecht --- zwingendes Recht --- Geltungsbereich(allgemein) --- Norm --- E-books

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Contracts. --- Corporation law. --- Law and economics --- Liberty of contract. --- Rechtsetzung. --- Vertragsrecht. --- Zwingendes Recht. --- Ökonomische Theorie des Rechts. --- Psychological aspects. --- Deutschland.

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Jus cogens has become one of the most frequently used arguments in international law. Some authors ride roughshod over the traditional regimes, claiming that the effectiveness of jus cogens or obligations erga omnes must be the paramount consideration in any conceivable instances, even concerning their indirect repercussions. This book, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct. It will thus contribute to clarifying the true meaning of jus cogens and other similar concepts not only for the sake of academic determinacy, but also for such practical purposes as jurisdictional immunities.

Jus cogens (International law) --- International obligations --- International law --- Customary law, International --- Moral and ethical aspects --- Obligations erga omnes --- Ius cogens (International law) --- Peremptory norms (International law) --- International agreements --- Treaties --- Customary international law --- International customary law --- Droit coutumier international --- Droit international --- Jus cogens --- Obligations internationales --- Gewohnheitsrecht. --- Rechtspflicht. --- Völkerrecht. --- Zwingendes Recht. --- Aspect moral --- Obligations erga omnes. --- International law - Moral and ethical aspects --- International obligations. --- Customary law, International. --- Moral and ethical aspects.