The Customary International Law of Human Rights PDF Download

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: 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: 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: 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: Jean-Marie Henckaerts
Publisher: Cambridge University Press
ISBN: 0521808995
Category : Law
Languages : en
Pages : 610

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Book Description
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: 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: Daniel Bradlow
Publisher: BRILL
ISBN: 9004417028
Category : Law
Languages : en
Pages : 322

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Book Description
Advocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.

Author: Curtis A. Bradley
Publisher: Cambridge University Press
ISBN: 1316654125
Category : Law
Languages : en
Pages : 703

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Book Description
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: Birgit Schlütter
Publisher: BRILL
ISBN: 9047431154
Category : Law
Languages : en
Pages : 407

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Book Description
Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.