8 Many international organisations have themselves resorted to the concept in various contexts. 7 States have referred to the jus cogens status of norms in meetings with international organisations such as the United Nations, the International Labour Organization, the African Union, the Council of Europe and the Organization of American States. The concept of jus cogens has attracted remarkable attention among international law scholars, who have used it, in particular in the context of human rights and international criminal law, to argue such things as the invalidity of UN Security Council resolutions 3 the non-applicability of amnesties, 4 immunity rules, 5 and extradition agreements 6 and the existence of an international obligation for states to offer asylum. Since the late 1990s and the beginning of the twenty-first century, there has been a remarkable increase of the use of jus cogens arguments in international legal discourse. 1 ‘International law’ refers to the system of rules and principles operating in this discourse as mandatory and exclusionary reasons, that is to say, as reasons to disregard other possible reasons or arguments. By a contribution to ‘international legal discourse’, consequently, this book understands any utterance in oral or written form expressing a proposition about international law, whether it is made by a scholar, a court or tribunal, an organ or representative of a state or an international organisation, a legal counsellor, a legal advisor, a judge or an arbitrator, or an NGO. ‘Legal discourse’ refers simply to any collection of verbal exchanges of legal propositions. In so phrasing its topic, the book presupposes a particular understanding of ‘international law’ and ‘international legal discourse’. This is a book about the application of the concept of jus cogens in international law and the resort to jus cogens arguments in international legal discourse. Why is there still a need for jus cogens research?
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