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Part III The Limitations and Role of the Persistent Objector Rule, 8 Maintaining Exemption: ‘Fundamental’ Norms and Extra-Legal Factors

James A. Green

in The Persistent Objector Rule in International Law

Published in print March 2016 | ISBN: 9780198704218
Part III The Limitations and Role of the Persistent Objector Rule, 8 Maintaining Exemption: ‘Fundamental’ Norms and Extra-Legal Factors

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  • History of International Law
  • Private International Law and Conflict of Laws
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A notable minority critique of the persistent objector rule is that the rule is not supported by actual state practice. The first part of this book dismissed these critiques. This chapter explores the ‘softer’ versions of the persistent objector rule. The first is that persistent objection is not permissible in relation to particularly ‘fundamental’ customary international law norms, even those that have not attained jus cogens status. This claim has most commonly been made with regard to norms of customary international human rights law. The chapter then turns to a related claim made by critics of the persistent objector rule, which is that it is commonly unavailing, not just in the face of especially ‘fundamental’ norms, but in general.

Chapter.  31 pages.  17671 words.  Illustrated.

Subjects: History of International Law ; Private International Law and Conflict of Laws ; Public International Law ; International Law ; Law

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