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Author: William A. Schabas
Publisher: Oxford University Press
ISBN: 0192845691
Category : Law
Languages : en
Pages : 433
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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
ISBN: 0192845691
Category : Law
Languages : en
Pages : 433
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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
ISBN: 0192660594
Category : Law
Languages : en
Pages : 384
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Book Description
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
ISBN: 052119136X
Category : Law
Languages : en
Pages : 441
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Book Description
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: Anne Peters
Publisher: Cambridge University Press
ISBN: 1107164303
Category : Law
Languages : en
Pages : 645
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Book Description
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: Bertie G. Ramcharan
Publisher: BRILL
ISBN: 9004482296
Category : Law
Languages : en
Pages : 383
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Book Description
Author: Brian D. Lepard
Publisher: Cambridge University Press
ISBN: 1108107931
Category : Law
Languages : en
Pages :
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Book Description
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: Steven Wheatley
Publisher: Oxford University Press
ISBN: 0191066877
Category : Law
Languages : en
Pages : 398
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Book Description
International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
Author: Jean D'Aspremont
Publisher: Oxford University Press
ISBN: 0192843907
Category : Law
Languages : en
Pages : 193
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Book Description
"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.
Author: Daniel D. Bradlow
Publisher: Brill Nijhoff
ISBN: 9789004382480
Category : International law
Languages : en
Pages : 0
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Book Description
Advocating Social Change through International Law explores the strategic use of hard and soft international law to advocate for social change in a variety of contexts, including for example human rights, international criminal prosecutions, environmental protection, public health, and financial regulation.
Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697545
Category : Law
Languages : en
Pages : 325
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Book Description
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
