Customary International Law of Human Rights

Customary international law is a significant source of public international law, particularly in the area of human rights. This book provides an in-depth analysis of the customary international law of human rights, discussing its emergence, identification, and formulation of norms. It concludes that many human rights norms are indeed customary and that courts should make greater use of custom as a source of international law.

Format: Hardback
Length: 432 pages
Publication date: 24 June 2021
Publisher: Oxford University Press

Customary international law stands as a fundamental pillar of public international law, with its existence widely acknowledged. However, the comprehensive examination of customary international law in the realm of human rights has remained relatively unexplored. In this groundbreaking book, authored by one of the foremost scholars and practitioners in the field, we delve into the intricate details of the customary international law of human rights.

The book begins by tracing the emergence of this customary law, delving into the debates surrounding its identification and the efforts undertaken to establish customary norms. It provides a valuable and accessible introduction to the content of international human rights, offering insights into the principles and principles that govern this critical area of law.

The author employs the Universal Declaration of Human Rights as a cornerstone to examine human rights norms and assess whether they can be categorized as customary. By utilizing relatively new sources of evidence, such as state practice and opinio juris, the author sheds light on the two essential elements required for the identification of custom: state practice and opinio juris.

The book highlights the growing universal ratification of major human rights treaties and the valuable materials generated through the Universal Periodic Review mechanism of the Human Rights Council. These sources serve as rich sources of information and provide valuable insights into the development and evolution of human rights norms.

Concluding the book, the author argues that a significant number of human rights norms can indeed be characterized as customary in nature. He advocates for greater reliance on custom as a source of international law, emphasizing its importance in shaping the legal framework for protecting and promoting human rights.

In summary, this book offers a comprehensive and insightful exploration of the customary international law of human rights. It provides a valuable resource for scholars, practitioners, and policymakers alike, shedding light on the development and evolution of human rights norms and advocating for their greater recognition and enforcement in the global arena.

Weight: 792g
Dimension: 241 x 162 x 33 (mm)
ISBN-13: 9780192845696