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The International Human Rights MovementA History$
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Aryeh Neier

Print publication date: 2020

Print ISBN-13: 9780691200989

Published to Princeton Scholarship Online: January 2021

DOI: 10.23943/princeton/9780691200989.001.0001

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PRINTED FROM PRINCETON SCHOLARSHIP ONLINE (www.princeton.universitypressscholarship.com). (c) Copyright Princeton University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PRSO for personal use.date: 22 September 2021

International Human Rights Law

International Human Rights Law

Chapter:
(p.94) 4 International Human Rights Law
Source:
The International Human Rights Movement
Author(s):

Aryeh Neier

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691200989.003.0004

This chapter discusses custom and treaties as the two sources of international law. It explains the customary international law as the term used to describe rules that are widely accepted and deeply held and are used to define what it means to belong to a civilized society. It also recounts the case called “Paquete Habana” in the U.S. Supreme Court that addresses the question of whether customary international law is binding on the United States. The chapter talks about the treaty law or conventional law as the source of multilateral conventions that often covers the same ground as customary international law. It analyzes the prohibitions against “torture” that are set forth in several multilateral treaties and reinforce recognition that a particular norm set forth in a treaty has the status of customary law.

Keywords:   customary international law, civilized society, Paquete Habana, treaty law, conventional law, torture, customary law

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