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April 16, 2008

Featured article – Ed Morgan’s Fear and loathing in jus cogens

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We were somewhere around customon the edge of the convention when
the doctrine began to take hold. The purpose of this essay is to take a
Hunter S. Thompson-like journey to the heart of international law, to cir-
cumvent the banality of the discipline—a place that is “viciously over-
crowded…where almost everybody seems vaguely happy”—and ascend the
discipline’s heights in search of norms that have profound meaning.
Despite the attractiveness of seeking to remedy breaches of the most fun-
damental global rules, the trek may be a frustrating one. As will be seen, the
unyielding proliferation of arguments has at times threatened to reduce the
international legal world to one in which “there is not much left except…”,
well, fill in the blank.

Read the full article and leave a comment to begin a discussion.

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