The Utility of Regional Peremptory Norms in International Affairs
18 Pages Posted: 26 Mar 2009 Last revised: 10 Aug 2020
Date Written: 2012
Jus cogens are higher peremptory norms beyond reproach by nation-states in the practice of international affairs. This article examines how a regional set of norms can be reconstituted as a regional jus cogens, and assist in accomplishing certain political tasks that are deemed acceptable within a specific time-period by a group of nation-states. Coiled in this positivistic, pragmatic construct, the implications for the existence, and practice of regional jus cogens is considered; with notable attention on its effects on sovereign equality and the promotion of differential treatment in international affairs.
Note: Winner of the Society for the Study of Social Problems' Alfred R. Lindesmith Award.
Keywords: peremptory norms, regionalization, sovereign equality, differential treatment, regional jus cogens
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