Hanna on Jus Cogens & the Substance-Procedure Distinction

Mark Hanna (Queen's University Belfast – School of Law) has posted The Substantive/Procedural Distinction: Law's Solution to the Problem of Jus Cogens in a World of Sovereign States (German Law Journal, Vol. 19 No. 01) on SSRN.  Here is the abstract: This Article uses social systems theory to examine the increased reliance on a distinction between substantive and procedural international law to resolve cases involving a conflict between jus cogens and state immunity. This presents the problem of an evolutionary relationship between international law and the complex differentiation of world society. International law is shown to be structurally related to the segmentary differentiation of states that underwrites modern society’s functional differentiation. At the same time, it is shown to be structurally related to the increasing formulation of global norms that result from advanced functional differentiation. The Article then turns to examining…

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