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The Reality of International LawEssays in Honour of Ian Brownlie$
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Guy S. Goodwin-Gill and Stefan Talmon

Print publication date: 1999

Print ISBN-13: 9780198268376

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198268376.001.0001

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The Legal Premises for the International Protection of Human Rights

The Legal Premises for the International Protection of Human Rights

(p.21) Chapter 2 The Legal Premises for the International Protection of Human Rights
The Reality of International Law

Chaloka Beyani

Oxford University Press

This chapter examines the underlying legal premises for the international protection of human rights. It analyses the interplay between treaties, customs, and the general principles of law with regard to international legal principles which underlie human-rights protection. It evaluates the impact of the opinions and decisions of the International Court of Justice (ICJ) on the protection of human rights using a juridical approach. It concludes that the principles underlying the protection of human rights have a solid base in the system of international law, as evidenced by some of the decisions of the ICJ, and that economic and political trends which have an impact on human rights must be measured against these principles.

Keywords:   human rights, international law, treaties, customs, ICJ, juridical approach

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