The purpose of this article is to demystify jus cogens rules by trying to map their legal contours. After defining jus cogens and providing a theoretical scaffolding drawn from elementary works on legal theory, the household jus cogens prohibition of genocide is analysed in light of such notions. As a result, jus cogens norms are characterised both as primary rules of behaviour and as secondary rules of change for legal production, constituting an international public order that serves as a tool for international law to safeguard human security.
‘Here Be Dragons’: Mapping the Legal Contours of Jus Cogens in International Law
2024
Aufsatz (Zeitschrift)
Elektronische Ressource
Unbekannt
jus cogens , legal theory , secondary rules , public order , human security , Law , K
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