Ius Cogens: Identification and Enforcement of Peremptory Norms

This doctoral dissertation submitted to the University of Fribourg, Switzerland, offers an in-depth examination of the notion of jus cogens. It builds from the premise that a thorough understanding of the process by which such norms are created is indispensable both to identifying whether a given norm is of peremptory character and to determining which of the many effects ascribed to such norms are actually recognized under international law. This work confronts claims raised in the often-contentious literature on this topic, offers fresh analyses of the most recent international cases, and devotes discrete chapters to the role of international adjudication in these norms’ identification and to the notion of 'international community'. In so doing, this volume endeavors to present an integrated approach to the complex notion of jus cogens.