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Max Planck Encyclopedia of Public International Law [MPEPIL]

Persistent Objector

Olufemi Elias

Subject(s):
Customary international law — State practice — Peremptory norms / ius cogens

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 According to established doctrine, once a rule of customary international law has been established and is binding on a State ( States ), that State cannot exempt itself unilaterally from the obligations imposed by that rule. To avoid the applicability of that rule to itself, the rule must be replaced by a different rule, and in order for a different rule to come into being, other States must recognize that new rule as being applicable. The question then is whether a State that does not want to be bound by a rule can exempt itself from the operation of the rule...
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