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Peremptory Norms in International Law$
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Alexander Orakhelashvili

Print publication date: 2008

Print ISBN-13: 9780199546114

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199546114.001.0001

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The Normative Conflict between a Security Council Resolution and Jus Cogens: The Practice of the Security Council

The Normative Conflict between a Security Council Resolution and Jus Cogens: The Practice of the Security Council

Chapter:
(p.439) 13 The Normative Conflict between a Security Council Resolution and Jus Cogens: The Practice of the Security Council
Source:
Peremptory Norms in International Law
Author(s):

Alexander Orakhelashvili (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199546114.003.0014

This chapter examines how exactly the UN Security Council acts in breach of jus cogens and what sort of normative conflicts are produced. In some cases, Security Council expressly generates, authorises or approves breaches of jus cogens; in other cases, it is seen as implicitly acquiescing to such violations; in some cases the inaction of the Council is seen as an approval of breaches. The chapter examines and assesses all these claims at the example of State practice covering multiple situations: Cyprus, Bosnia, Iraq, Libya, Kosovo, and East Timor.

Keywords:   normative conflict, conflicts, crises, Cyprus, Bosnia, Iraq, Libya, Kosovo, East Timor

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