Details
- The first systematic analysis of impact of human rights law on general international law
- Examines ways to reconcile general international law with concepts deriving from international human rights law
- Asks whether international law really is changing from a state-centred system based on bilateral obligations towards a system reflecting the interests and values of a wider range of actors
Traditional international law aims to protect the values and interests of states.The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to better reflect the values and interests of a wider range of actors, including the individual.
This volume provides the first comprehensive examination of the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility and diplomatic protection. The authors trace the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.
The book contains work carried out by the Committee on International Law and Practice of the International Law Association (ILA) over a period of four years, incluing the Committee's Final Report on the Impact of International Human Rights Law on General International Law and in-depth contributions by Committee members on key areas of international law.
Readership: Scholars and advanced students of international law and international human rights law and practitioners at international courts and tribunals
1: Menno T. Kamminga: Final Report on the Impact of International Human Rights Law on General International Law
2: Martin Scheinin: Impact on the Law of Treaties
3: Jonas Christoffersen: Impact on General Principles of Treaty Interpretation
4: Ineke Boerefijn: Impact on the Law on Treaty Reservations
5: Menno T. Kamminga: Impact on State Succession in Respect of Treaties
6: Jan Wouters and Cedric Ryngaert: Impact on the Process of the Formation of Customary International Law
7: Sandesh Sivakumaran: Impact on the Structure of International Obligations
8: Thilo Rensmann: Impact on the Immunity of States and their Officials
9: Christina M. Cerna: Impact on the Right to Consular Notification
10: Riccardo Pisillo Mazzeschi: Impact on the Law of Diplomatic Protection
11: Robert McCorquodale: Impact on State Responsibility
Edited by Menno T. Kamminga, Professor of International Law, Maastricht University and Director, Maastricht Centre for Human Rights, and Martin Scheinin, Professor of Public International Law, European University Institute, Florence
Contributors:
Martin Scheinin: European University Institute (Florence)
Jonas Christoffersen: University of Copenhagen
Ineke Boerefijn: University of Utrecht
Menno Kamminga: Maastricht University
Jan Wouters: Leuven University
Cedric Ryngaert: Leuven University
Sandesh Sivakumaran: University of Nottingham
Thilo Rensmann: University of Bonn
Christina Cerna: Organization of American States (Washington DC)
Riccardo Pisillo Mazzeschi: University of Siena
Robert McCorquodale: British Institute of International and Comparative Law (London)
"This book represents a valuable and interesting collection of contributions...All the essays are engaging, thoroughly researched and make a considerable contribution to the understanding of the interplay between international human rights law and general international law" - Sandy Ghandi, University of Reading
"A perfect compass for orientating oneself in the chaotic process created by the impact of International Human Rights Law on General International Law." - M. Soncini, European Review of Public Law
