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.
As of Autumn 2008, Martin Scheinin will be Professor of Public International Law at the European University Institute, Florence. He was a Member of the United Nations Human Rights Committee from 1997-2004, and has been United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism since 2005. He has been Chair of the Committee of Human Rights Law and Practice of the International Law Association from 1997-2008 and Vice President of the International Association of Constitutional Law since 2007.
1. Final Report on the Impact of International Human Rights Law on General International Law ; 2. Impact on the Law of Treaties ; 3. Impact on General Principles of Treaty Interpretation ; 4. Impact on the Law on Treaty Reservations ; 5. Impact on State Succession in Respect of Treaties ; 6. Impact on the Process of the Formation of Customary International Law ; 7. Impact on the Structure of International Obligations ; 8. Impact on the Immunity of States and their Officials ; 9. Impact on the Right to Consular Notification ; 10. Impact on the Law of Diplomatic Protection ; 11. Impact on State Responsibility
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