Jump to ContentJump to Main Navigation
The Law of Treaties Beyond the Vienna Convention$
Users without a subscription are not able to see the full content.

Enzo Cannizzaro

Print publication date: 2011

Print ISBN-13: 9780199588916

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199588916.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 11 December 2018

A Higher Law for Treaties?

A Higher Law for Treaties?

Chapter:
(p.425) 25 A Higher Law for Treaties?
Source:
The Law of Treaties Beyond the Vienna Convention
Author(s):

Enzo Cannizzaro

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588916.003.0025

This chapter deals with the notion of conflict between treaties and jus cogens. It suggests that the classical notion of conflict — conceived of as the impossibility to apply two mutually exclusive rules simultaneously — is inappropriate with regard to the relations between ordinary rules and higher law. A broader notion of conflict, which encompasses also other forms of interference between higher law and inferior law, should be adopted instead. This broader notion can also contribute to determining the role of jus cogens in the legal regime of State responsibility.

Keywords:   Vienna Convention, jus cogens, State responsibility, conflict of rules, higher law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .