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Document Type

Article

Disciplines

International Law

Abstract

In a delightful read on jus cogens, Professor Tony D'Amato has "thingified ' ' 2 jus cogens as the Superman of norms, if only to question the power of such an heroic creation. He applauds "the wisdom of a preemptive rule,"' speculates about certain examples,4 and provides an I-know-it-when-it's-senseless-or-unimaginable test' that should provide guidance for all who happen to think like those who use the test. Actually, he has made a telling point, however indirectly, and has provided insight into the answer to the second of his three searching questions: "[h]ow does a purported norm of jus cogens arise?"

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