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Ulf Linderfalk: Understanding Jus Cogens in International Law and International Legal Discourse
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Ulf Linderfalk: Understanding Jus Cogens in International Law and International Legal Discourse
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Liverpool Law Reviewhttps://doi.org/10.1007/s10991-020-09256-x
Ulf Linderfalk: Understanding Jus Cogens in International
Law and International Legal Discourse
Edward Elgar, Cheltenham,2020, xxix + 256 pp, £80 (Hardback), ISBN:
9781786439512
Atul Alexander1
© Springer Nature B.V. 2020
Jus Cogens are higher norms in international law, which States are bound to adhere
and from which derogation is impermissible, Jus Cogens as a concept is widely
deliberated in international legal discourse, because it challenges the prevailing
notion of international law as a consensual regime, however, there is a lack con-
sensus as to its precise scope and content of Jus Cogens, because of the varying
interpretation of scholars, states and international courts. As such, at first one might
overlook yet another literature on the topic which rather than stretching the contents
of Jus Cogens makes a detailing on the perspectives, the book bases on two schools
of thought ie. legal positivism and idealism, the author Ulf Linderfalk, Professor
of International Law in the faculty of Law, Lund University with his rich experi-
ence and scholarship on treaty interpretation, norms conflict and legal principles,
provides an extensive erudition on Jus Cogens. The book’s primary focus is on the
application of the concept of Jus Cogens in international law and international legal
discourse. Despite the lengthy literature on Jus Cogens, the book assumes signifi-
cance because of two notable reasons, firstly Ulf Lindefalk lays the prospect of a
legal idealist in the discourse on Jus Cogens which in the previous writings on Jus
Cogens is scantly articulated, secondly, the author provides a balanced outlook on
both legal positivist and idealist, thereby adopting an integrated approach in inter-
preting Jus Cogens.
The ideas in the book are structured in nine compelling chapters; each chap-
ter flows in harmony. The first chapter titled ‘Introduction’ sets the tone for the
subsequent chapters, the chapter underscores the point that amongst the interna-
tional jurist the attitude on Jus Cogens is divided on several facets ranging from
the legal consequences, modification, ways to define the concept etc., the author
persuasively argues that depending on the reasoning one falls under the basket
* Atul Alexander
atulalexander@gmail.com
1
The West Bengal National University of Juridical Sciences, Kolkata, India
13
Vol.:(0123456789)
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