The Customary International Law of Human Rights

Author:   William A. Schabas (Professor of International Law, Professor of International Law, Middlesex University London)
Publisher:   Oxford University Press
ISBN:  

9780192845696


Pages:   432
Publication Date:   24 June 2021
Format:   Hardback
Availability:   To order   Availability explained
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The Customary International Law of Human Rights


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Overview

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.

Full Product Details

Author:   William A. Schabas (Professor of International Law, Professor of International Law, Middlesex University London)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.00cm , Height: 2.80cm , Length: 24.00cm
Weight:   0.790kg
ISBN:  

9780192845696


ISBN 10:   0192845691
Pages:   432
Publication Date:   24 June 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Introduction 1: The belated emergence of the customary international law of human rights 2: Identifying the norms of the customary international law of human rights 3: Methodological considerations 4: The right to dignity 5: Equality 6: Fundamental freedoms 7: Political rights 8: Justice 9: Economic, social, and cultural rights 10: Solidarity Conclusion: The future of the customary law of human rights

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Author Information

William A. Schabas is professor of international law at Middlesex University London. He is also emeritus professor at the National University of Ireland Galway and Leiden University. As a UN human rights expert, he chaired the Commission of Inquiry on the Gaza conflict and authored the Secretary-General's quinquennial report on capital punishment. He served as a commissioner on the Sierra Leone Truth and Reconciliation Commission. He has acted as counsel at the Grand Chamber of the European Court of Human Rights and the International Court of Justice. He is an Officer of the Order of Canada and a Member of the Royal Irish Academy.

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