The Complex Nature, Sources and Evidences of Customary Human Rights
18 Pages Posted: 7 Jun 2014
Date Written: 1995
Customary international law is dynamic and its creation, content, and proof rest on general patterns of practice and opinio juris in which individual, group, and other actors participate over time. The nature of customary international law is potentially complex as well as its sources and evidences. A realistic awareness of its nature and evidences is necessary for an adequate understanding of this basic form of international law. This article makes these points with reference to customary human rights law while paying attention to rights, duties, competencies, and to various sanction processes, strategies, and possibilities.
Keywords: Customary, duties, erga omnes, generally shared, genocide, group, human right, individual, international law, jus cogens, opinio juris, participant, persistent objector, practice, private actor, process, proof, Realist, sanction, sources, treaty
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