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Understanding Jus Cogens in International Law and International Legal Discourse

Ulf Linderfalk

Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.
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Chapter 9: Significance of the findings for future international legal discourse

Ulf Linderfalk


This chapter summarises the findings of the previous chapters and discusses their significance for future international legal discourses. As the book concludes, in international jus cogens discourse, a fruitful exchange of opinions is inhibited by the general failure of discussants to fully acknowledge the relationship between submitted propositions and a legal positivist’s or legal idealist’s frame of mind. The book has significance inasmuch as it will help participants in international legal discourse to engage more rationally with the divide between different international lawyers’ respective conceptions of jus cogens.

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