The Fundamental Rules of the International Legal Order

The Fundamental Rules of the International Legal Order

  • Christian Tomuschat
  • Jean-Marc Thouvenin
Publisher:BRILLISBN 13: 9789047417828ISBN 10: 9047417828

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The Fundamental Rules of the International Legal Order is written by Christian Tomuschat and published by BRILL. It's available with International Standard Book Number or ISBN identification 9047417828 (ISBN 10) and 9789047417828 (ISBN 13).

Jus cogens has become one of the most frequently used arguments in international law. Some authors ride roughshod over the traditional regimes, claiming that the effectiveness of jus cogens or obligations erga omnes must be the paramount consideration in any conceivable instances, even concerning their indirect repercussions. This book, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct. It will thus contribute to clarifying the true meaning of jus cogens and other similar concepts not only for the sake of academic determinacy, but also for such practical purposes as jurisdictional immunities.