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Max Planck Encyclopedia of Public International Law [MPEPIL]

Persistent Objector

Olufemi Elias

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 April 2024

Customary international law — State practice — Peremptory norms / ius cogens

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

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 in...
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