Identifying Jus Cogens Norms: The Interaction of Scholars and International Judges
Article by MultiRights Postdoc Matthew Saul, published in Asian Journal of International Law.
Saul's paper addresses the justifications and methods adopted by scholars and international judges for the identification of jus cogens norms. More specifically, Saul examines how the approaches taken by these two subsidiary sources of international law relate. In so doing, he seeks to highlight and develop a clearer understanding of why, in spite of considerable scholarly and judicial attention, more progress on the doctrine of jus cogens identification has not been made.