Custom, Jus Cogens, and Human Rights

Custom’s Future: International Law in a Changing World, Curtis A. Bradley ed., Cambridge University Press, Forthcoming

19 Pages Posted: 23 Mar 2015

See all articles by John Tasioulas

John Tasioulas

King's College London - The Dickson Poon School of Law

Date Written: March 20, 2015

Abstract

The paper presents a moral judgment-based account of customary international law (MJA), according to which opinio juris embodies a moral judgment, and moral judgment is involved in the interpretative process of determining whether a customary norm has come into being. The MJA is shown to fit with the service conception of the legitimacy of international law, as opposed to a consent-based view. The second half of the paper considers the implications of the MJA for human rights as both customary norms and as norms of jus cogens.

Keywords: international law, custom, customary international law, consent, legitimacy, human rights, jus cogens

Suggested Citation

Tasioulas, John, Custom, Jus Cogens, and Human Rights (March 20, 2015). Custom’s Future: International Law in a Changing World, Curtis A. Bradley ed., Cambridge University Press, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2581763

John Tasioulas (Contact Author)

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
473
Abstract Views
2,111
rank
66,955
PlumX Metrics