Show Less
You do not have access to this content

Advanced Introduction to International Human Rights Law

Dinah L. Shelton

In this landmark text, Dinah Shelton offers an insightful overview of the current state of international human rights law: its norms, institutions and procedures, both global and regional. Providing an invaluable entry point to this complex area of the law, and an insightful reference for seasoned experts, the book will prove a useful resource for professors and practitioners of international law. It will also serve as a stimulating introductory text for both undergraduate and postgraduate courses on human rights.
Show Summary Details
You do not have access to this content

4 The law of human rights

Dinah L. Shelton

Extract

The stated purpose of the UN and other intergovernmental organizations to promote respect for and observance of human rights depended on first reaching agreement on the meaning of the term human rights along with defining the corresponding obligations, followed by the construction of appropriate institutions and procedures to ensure compliance with the adopted international norms. The law-making process that helps develop these aspects of human rights law involves an array of participants interacting in complex ways; civil society organizations and other non-State actors are increasingly involved, but the international legal system continues to be one primarily comprised of laws made by, and governing the relations between, States.

The exercise of State sovereignty includes entering into binding agreements to act or refrain from acting according to the terms of the agreement: in other words, to limit by law the scope of discretion to exercise future State sovereignty. The Vienna Convention on the Law of Treaties (VCLT) largely codifies the customary law of treaties and is widely applied by national and international tribunals and human rights bodies.1

The VCLT Article 2 defines a treaty as “an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation”. Human rights treaties carry various designations, including convention, covenant, protocol and treaty. The name is sometimes chosen to indicate the degree of solemnity attached to the commitments, but the choice of...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.