Hasmath: The Utility of Regional Jus Cogens in International Law

Reza Hasmath (Univ. of Cambridge) has posted The Utility of Regional Jus Cogens in International Law. Here's the abstract:

This article considers the principle of jus cogens norms from a regional perspective. It does so by looking at a regionalized set of legal norms and values, and expunge whether or not they can be reconstituted as regional jus cogens norms. An examination of the Brezhnev Doctrine, juvenile executions in the Americas, and Islamic 'human rights' will be instructive in this manner. The practical utility of norms of regional jus cogens will also be highlighted. Steeped in a legal positivist tradition, it will illustrate that a set of "higher laws" of overriding importance can assist in accomplishing certain social and political tasks that are deemed acceptable within a specific time-period by a group of nation-states. Moreover, such regional jus cogens norms can be replaced by another 'super-norm', or eliminated entirely by the passing of its usefulness. The legal implications for the existence and practice of regional jus cogens norms will be considered, notably its effect on sovereign equality and the role promoting 'differential treatment'. Given a present international community of nation-states characterized by unprecedented heterogeneity, this article will argue that the use of regional jus cogens norms are demanded in limited situations.