Jus Cogens as a Social Construct Without Pedigree

  title={Jus Cogens as a Social Construct Without Pedigree},
  author={Jean d’Aspremont},
  journal={Netherlands Yearbook of International Law},
This chapter revisits the mainstream foundational nonchalance witnessed in the international legal scholarship relating to jus cogens whereby the practice of courts and tribunals often suffice, for most international lawyers, to compensate a disinterest in the pedigree of jus cogens. The purpose of this chapter is accordingly to depict how international lawyers, by virtue of a series of avoidance-techniques, leave one of their most fundamental doctrines ungrounded without feeling any need to… Expand
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