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Special Jurisdiction of the ICJ in the Case of Infringements of Fundamental Rules of the International Legal Order?

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Chapter Summary

In his concise textbook, Antonio Cassese has shown that old and new patterns of the international legal order coexist, state-oriented, co-ordinating and consensual rules that are in operation alongside community-based compulsory norms. Against this background, this chapter first intends to describe and analyse cases in which the impact of fundamental norms is on its way to "pierce" the invariable requirement of consent as a ground of jurisdiction. It further takes a close look at possible developments in the Court's role concerning jus cogens and obligationes erga omnes. The similarities and differences between these two fundamental categories of norms are scrutinized throughout the whole analysis to draw conclusions as to their conceptual convergence or divergence with respect to them being applied by the International Court of Justice (ICJ).

Keywords: International Court of Justice (ICJ); international legal order; jurisdiction; jus cogens; obligationes erga omnes



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