Book Description
This book provides a comprehensive account of the emergence of the customary law of human rights. It examines a range of human rights norms, and provides a useful guide to identifying those which can be described as customary.
Author : William A. Schabas
Publisher : Oxford University Press
Page : 433 pages
File Size : 17,14 MB
Release : 2021
Category : Law
ISBN : 0192845691
This book provides a comprehensive account of the emergence of the customary law of human rights. It examines a range of human rights norms, and provides a useful guide to identifying those which can be described as customary.
Author : William A. Schabas
Publisher : Oxford University Press
Page : 384 pages
File Size : 25,88 MB
Release : 2021-06-24
Category : Law
ISBN : 0192660594
Customary international law is one of the principal sources of public international law. Although its existence is uncontroversial, until now the content of customary international law in the area of human rights has not been analyzed in a comprehensive manner. This book, from one of international law's foremost scholars and practitioners, provides an unparalleled account of the customary international law of human rights. It discusses the emergence of this customary law, the debates about how it is to be identified, and the efforts at formulation of customary norms. In doing so, the book provides a useful and accessible introduction to the content of international human rights. The author uses the Universal Declaration of Human Rights as a basis to examine human rights norms, and determine whether they may be described as customary. He makes use of relatively new sources of evidence of the two elements for the identification of custom: State practice and opinio juris. In particular, the book draws on the increasingly universal ratification of major human rights treaties and the materials generated by the Universal Periodic Review mechanism of the Human Rights Council. The book concludes that a large number of human rights norms may indeed be described as customary in nature, and that courts should make greater use of custom as a source of international law.
Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : 441 pages
File Size : 45,80 MB
Release : 2010-01-11
Category : Law
ISBN : 052119136X
This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : pages
File Size : 46,77 MB
Release : 2017-02-16
Category : Law
ISBN : 1108107931
Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
Author : Bertie G. Ramcharan
Publisher : BRILL
Page : 383 pages
File Size : 22,54 MB
Release : 2021-09-27
Category : Law
ISBN : 9004482296
Author : Jean-Marie Henckaerts
Publisher : Cambridge University Press
Page : 610 pages
File Size : 17,47 MB
Release : 2005-03-03
Category : Law
ISBN : 0521808995
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author : Theodor Meron
Publisher : Oxford University Press, USA
Page : 294 pages
File Size : 47,29 MB
Release : 1989
Category : Drama
ISBN :
Humanitarian law meshes with the general principles of
Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 18,94 MB
Release : 2016-10-27
Category : Law
ISBN : 1107164303
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author : Curtis A. Bradley
Publisher : Cambridge University Press
Page : 703 pages
File Size : 30,94 MB
Release : 2016-02-15
Category : Law
ISBN : 1316654125
Although customary international law has long been an important source of rights and obligations in international relations, there has been extensive debate in recent years about whether this body of law is equipped to address complex modern problems such as climate change, international terrorism, and global financial instability. In addition, there is growing uncertainty about how, precisely, international and domestic courts should identify rules of customary international law. Custom's Future seeks to address this uncertainty by providing a better understanding of how customary international law has developed over time, the way in which it is applied in practice, and the challenges that it faces going forward. Reflecting an interdisciplinary mix of historical, empirical, economic, philosophical, and doctrinal analysis, and containing chapters by leading international law experts, it will be of use to lawyers, judges, and researchers alike.
Author : Jean D'Aspremont
Publisher : Oxford University Press
Page : 193 pages
File Size : 50,8 MB
Release : 2021
Category : Law
ISBN : 0192843907
"The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment"--Page 4 de la couverture.