1. The Super-Normativity of International Criminal Law
- Author
-
Paola Gaeta
- Subjects
Comparative law. International uniform law ,K520-5582 ,Private international law. Conflict of laws ,K7000-7720 - Abstract
Nowadays, Prosper Weil's concerns about the emergence of international rules protecting so-called community values, and thus being endowed with special normative force in comparison to “ordinary” international rules, cannot but appear excessive. The existence of such rules as jus cogens or as rules establishing erga omnes obligations is undisputed. And yet Prosper Weil's prediction of their negative impact on the essential functions of international law has not materialized. Weil's concerns acquire instead significance in the field of international criminal law, whose development in the last decades is premised on the need to protect values fundamental to the international community as a whole through the threat of a criminal sanction against individual transgressors.
- Published
- 2020
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