Chapter

Part V Jus Cogens beyond the Vienna Convention, 25 A Higher Law for Treaties?

Enzo Cannizzaro

in The Law of Treaties Beyond the Vienna Convention

Published in print February 2011 | ISBN: 9780199588916
Part V Jus Cogens beyond the Vienna Convention, 25 A Higher Law for Treaties?

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This chapter deals with the notion of conflict between treaties and jus cogens. It suggests that the classical notion of conflict — conceived of as the impossibility to apply two mutually exclusive rules simultaneously — is inappropriate with regard to the relations between ordinary rules and higher law. A broader notion of conflict, which encompasses also other forms of interference between higher law and inferior law, should be adopted instead. This broader notion can also contribute to determining the role of jus cogens in the legal regime of State responsibility.

Chapter.  18 pages.  9221 words. 

Subjects: Public International Law ; International Law ; Law

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