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Jus cogens and the Moral Presuppositions of Public International Law
Corradetti, Claudio
2025
Abstract
Jus cogens is the ultimate source of international law. Differently from other forms of custom-ary laws, jus cogens underpins non-rebuttable norms overriding all contrary customary (with no peremptory status) and contractual laws. Yet, among the sources listed by art.38 of the Statute of the ICJ, there is no specifically identified category for jus cogens. The paper asks what is the nature of jus cogens and compare it with other available types of international norms. It sug-gests that jus cogens norms can be constituted as a specific sub-category among the already ex-isting sources of international law.
Publisher
EUT Edizioni Università di Trieste
Source
Claudio Corradetti, "Jus cogens and the Moral Presuppositions of Public International Law" in: "Etica & Politica / Ethics & Politics (2025) XXVII/2", EUT Edizioni Università di Trieste, Trieste, 2025, pp. 501-517
Languages
en
Rights
Attribution-NonCommercial-NoDerivatives 4.0 International
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