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Time, History, and Sources of Law Peremptory Norms: Is There a Need for New Sources of International Law?

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Chapter Summary

This chapter addresses whether the new international law requires a new approach to its sources. The enquiry as to the need for new sources is particularly directed as to their relevance for the establishment, continuance and replacement of peremptory norms based on jus cogens. It is an enquiry that really goes to the immutability and duration of a jus cogens norm. The chapter argues that the changing relative nature of international law requires that 'the ordinary everyday methods' be enlarged to include those employed by nonstate actors, over a longer period of time and with regard to different subject-matter involving social rather than political choices. The legal consequences which result from the recognition of the peremptory status of a rule of law are an independent and too extensive topic to be included in the chapter.

Keywords: international law; intertemporal law; jus cogens; law peremptory norm



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