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The Impact of Human Rights Law on General International Law$
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Menno T. Kamminga and Martin Scheinin

Print publication date: 2009

Print ISBN-13: 9780199565221

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199565221.001.0001

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Impact on the Structure of International Obligations

Impact on the Structure of International Obligations

(p.133) 7 Impact on the Structure of International Obligations
The Impact of Human Rights Law on General International Law

Sandesh Sivakumaran

Oxford University Press

This chapter assesses the extent to which international human rights law has impacted upon the structure of international obligations, focusing on obligations erga omnes and jus cogens norms. It argues that obligations erga omnes have had a decisive impact on jurisdictional locus standi and the way in which a claim may be espoused. There has been a move away from the injured state as restrictively conceived and a widening of the traditional response of diplomatic protection. Human rights norms form the bulk of jus cogens norms. These human rights norms, through the lens of jus cogens, may void inconsistent treaty provisions, render invalid Security Council resolutions, and give rise to special consequences in the area of state responsibility.

Keywords:   international human rights law, erga omnes, jus cogens, peremptory norms, human rights

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