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The Law of Treaties Beyond the Vienna Convention$
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Enzo Cannizzaro

Print publication date: 2011

Print ISBN-13: 9780199588916

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199588916.001.0001

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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

Enzo Cannizzaro

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.

Keywords:   Vienna Convention, jus cogens, State responsibility, conflict of rules, higher law

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