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JUS COGENS in the International Law

Publication at Faculty of Law |
2019

Abstract

The issue of peremptory norms (jus cogens) in international law is highly topical, which is evidenced inter alia by the fact that the UN International Law Commission currendy works on its codification and systemization. In addition, this issue is both cross-sectional and doctrinally attractive, influencing all areas of the public international law and generating of a whole range of open questions and unclear answers in its application.

The present monograph is based on twelve-year-research of the author, half part of which was made in the framework of her doctoral studies in Charles University in Prague. It aims to summarize the existing legal status and relevant practice of States, together with findings of international jurisprudence and scholar opinions, while identifying the unresolved and problematic aspects, and to find the answers and solutions thereto.

While acknowledging the up-to-date absence in Slovak and Czech legal science of a comprehensive study related to peremptory norms, the author wishes to offer a complex work pointing to all the important elements of jus cogens in international law.