Rebutting four arguments in favour of using proportionality tests to resolve conflicts between ius cogens norms
The text casts doubt on the utility of proportionality tests to resolve conflicts between peremptory norms of public international law with reference to an argument advanced by João Ernesto Christófolo. Responding to Christófolo, the text maintains that subjecting conflicts between peremptory norms to a proportionality analysis entails judicial law-making, does not safeguard the interests protecte
