Legal Consequences of Peremptory Norms in International Law

✍ Scribed by Daniel Costelloe

• Publisher: Cambridge University Press
• Year: 2017
• Tongue: English
• Leaves: 382
• Series: Cambridge Studies in International and Comparative Law
• Category: Library

✦ Synopsis

When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.

✦ Table of Contents

Cover
Half-title
Series information
Title page
Copyright information
Dedication
Table of contents
Foreword
Preface
Acknowledgments
Notes on citations
Table of international and national decisions and opinions
Table of treaties and international instruments (in chronological order)
List of abbreviations
1 Peremptory Norms and Their Legal Consequences as a Feature of General International Law
A Introduction
a Preliminary Considerations
b Doctrinal History
c Terminological Clarifications
d Legal Consequences as a Relevant Characteristic of Peremptory Norms
B Peremptory Norms as a Feature of General International Law and the Relevance of Persistent Objection
C Peremptory Norms and Their Consequences as an Aspect of Multilateral Legal Relations in International Law
a Typology of Obligations
b Standing to Invoke the Breach of a Multilateral Obligation
c Legal Consequences of Peremptory Norms as a Characteristic of Multilateral Obligation
D Peremptory Norms in the Jurisprudence of the ICJ
a Before Acceptance of the Concept
b After Acceptance of the Concept
E Do These Consequences Follow from a Single Concept?
F Conclusions
2 Legal Consequences for Treaties
A Introduction
B States’ Positions during the Drafting of Articles 53 and 64
C Consequences under Articles 53, 64, 65, 66 and 71 VCLT
a Derogation, Conflict, Invalidity and Termination
b Dispute Resolution and Consequences of Invalidity
D The Relevance of Peremptory Norms for Treaty Interpretation
a Interpretive Presumptions
b Systemic Integration
E Consequences for Treaty Registration
F Conclusions
3 Peremptory Norms Outside the Vienna Convention
A Introduction
B The Agreement for the Cession by Czechoslovakia to Germany of Sudeten German Territory
C The Secret Additional Protocol to the Treaty of Non-Aggression Between the USSR and Germany of August 1939 and...
D The Protocol of Sèvres
E The Treaty of Guarantee
F Exchange of Notes Concerning British Indian Ocean Territory
G The Camp David Accords
H The Timor Gap Treaty
I The European Union-Morocco Fisheries Partnership Agreement
J Conclusions
4 Legal Consequences for Security Council Resolutions
A Introduction
B Validity in the Event of a Conflict with a Peremptory Norm
C Reviewability for a Conflict with a Peremptory Norm
D Peremptory Norms as a Basis for the Interpretation of Security Council Resolutions
E Conclusions
5 Legal Consequences for Certain Unilateral Acts
A Introduction
B Consequences for Unilateral Acceptances of Jurisdiction
C Consequences for Unilateral Acts of Waiver
D Consequences for Reservations to Treaties
E Consequences for Unilateral Declarations of Independence
F Consequences for Unilateral Declarations Capable of Creating Legal Obligations
G Standing to Invoke the Conflict of a Unilateral Act with a Peremptory Norm
H Charter-Based Authority to Make a Declaration of Invalidity and/or Unlawfulness
I Conclusions
6 Legal Consequences in the Law of International Responsibility
A Introduction
a Terminology and Basic Consequences
b Seriousness Threshold
c Limits to the Consequences of a Serious Breach
B Collective Non-Recognition
a Origins
b Practice
c Exceptions
C Collective Non-Assistance
D Obligation of Co-operation and Third-Party Countermeasures
a Co-operation
b Third-Party Countermeasures
c Exercise of Collective Response Measures
E Are These Consequences Peculiar to a Serious Breach?
F Unavailability of Circumstances Precluding Wrongfulness
G Issues Arising for the Responsibility of International Organizations
a Basic Concepts
b Legal Position of International Organizations with Respect to a Serious Breach
H Conclusions
7 Conflict between a Peremptory Norm and General International Law
A Introduction
B Scope for Conflict between a Peremptory Norm and State Immunity
a Application of Principles Governing Normative Conflict
b Scope for Normative Conflict between Peremptory Norms and Other Rules of General International Law
c Possibility of Normative Conflict between Peremptory Norms and Rules Governing State Immunity
C Peremptory Norms and State Immunity: Possible Bases for an Exception
a Three Possible Grounds in Support of an Exception
i Character of the Act in Question
ii Hierarchy of Norms
iii Implied Waiver
b Problems Associated with an Exception to State Immunity
D International Practice on Peremptory Norms and State Immunity
a International Instruments
b National Legislation
c Judicial Practice
i Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening)
ii Arrest Warrant (DRC v. Belgium)
iii Al-Adsani v. United Kingdom
iv Jones and others v. United Kingdom
v National Decisions
E Conclusions
General Conclusions
Bibliography
Books, Articles and Lectures
Press Reports
International Law Commission Materials
Jus Cogens
Law of Treaties
State Responsibility
Responsibility of International Organizations
Unilateral Acts
Jurisdictional Immunity
Immunity of State Officials from Foreign Criminal Jurisdiction
Reservations
Extradite or Prosecute
Formation and Evidence of Customary International Law
Protection of Persons in the Event of Disasters
Diplomatic Protection
Fragmentation
Rights and Duties of States
Policy Statements, Diplomatic Notes, Government Communiqués, Statements...
Index