- Title Pages
- List of Abbreviations
- List of Contributors
- Table of Cases
- 1 Are Agreements between States and Non-State Entities Rooted in the International Legal Order?
- 2 Article 18 of the 1969 Vienna Convention: A Vague and Ineffective Obligation or a Useful Means for Strengthening Legal Cooperation?
- 3 Reservations to Treaties: An Objection to a Reservation is Definitely not an Acceptance
- 4 Legal Consequences of an Impermissible Reservation to a Human Rights Treaty: Where Do We Stand?
- 5 Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards
- 6 The Rules on Interpretation: Misgivings, Misunderstandings, Miscarriage? The ‘Crucible’ Intended by the International Law Commission
- 7 Evolutionary Interpretation of Treaties: Between Memory and Prophecy
- 8 Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body<sup>*</sup>
- 9 Supplementary Means of Interpretation
- 10 Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement
- 11 Consistency among Treaty Obligations
- 12 Beyond the Vienna Convention: Conflicting Treaty Provisions
- 13 International Organizations as Third Parties under the Law of International Treaties
- 14 Treaties Establishing Objective Regimes
- 15 The Law of Treaties and the UN Security Council: Some Reflections
- 16 The European Courts and the Law of Treaties: The Continuing Story
- 17 Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties
- 18 Invalidity of Treaties: Anything New in/under the Vienna Conventions?
- 19 Coercion as a Ground Affecting the Validity of Peace Treaties
- 20 Absolute Invalidity of Treaties and Their Non-Recognition by Third States
- 21 Desuetude and Obsolescence of Treaties
- 22 Invalidity and Termination of Treaties and Rules of Procedure
- 23 The Metamorphosis of <i>Jus Cogens</i>: From an Institution of Treaty Law to the Bedrock of the International Legal Order?
- 24 The Distinction between <i>Jus Cogens</i> and Obligations <i>Erga Omnes</i>
- 25 A Higher Law for Treaties?
A Higher Law for Treaties?
A Higher Law for Treaties?
- (p.425) 25 A Higher Law for Treaties?
- The Law of Treaties Beyond the Vienna Convention
- Oxford University Press
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.
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.
If you think you should have access to this title, please contact your librarian.