The Source of Jus Cogens Obligations: How Legal Positivism Copes with Peremptory International Law
If legal positivists wish to sustain their account of the international legal system, arguably, they have yet to explain how jus cogens obligations can derive from the usual norm-creating processes recognized by international law. This article provides such an explanation exactly. The explanation builds on the distinction between first order rules of jus cogens (commanding or prohibiting some cert