The specific features of human rights have sometimes been used to claim exception from the basic rules on the formation of customary international law. This article explores the International Law Commission (ILC) Work on the Identification of Customary Law, with particular regard to human rights. According to Draft Conclusion 3, evidence of practice and opinio juris must be carefully assessed according to the overall context and the relevant circumstances. The argument will be made that the Draft Conclusions provisionally adopted by the ILC Drafting Committee allow adequate flexibility to accommodate the “speciality” of human rights.
Remarks on the ILC Work on the Identification of Customary Law and Human Rights: Curbing “droit de l’hommisme”? / chiussi curzi, Ludovica. - In: THE ITALIAN YEARBOOK OF INTERNATIONAL LAW ONLINE. - ISSN 2211-6133. - STAMPA. - 27:(2018), pp. 163-174.
Remarks on the ILC Work on the Identification of Customary Law and Human Rights: Curbing “droit de l’hommisme”?
chiussi curzi, Ludovica
2018
Abstract
The specific features of human rights have sometimes been used to claim exception from the basic rules on the formation of customary international law. This article explores the International Law Commission (ILC) Work on the Identification of Customary Law, with particular regard to human rights. According to Draft Conclusion 3, evidence of practice and opinio juris must be carefully assessed according to the overall context and the relevant circumstances. The argument will be made that the Draft Conclusions provisionally adopted by the ILC Drafting Committee allow adequate flexibility to accommodate the “speciality” of human rights.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
