Human Rights

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Assignment Gilbert
Ferrer
Human Rights
What is a treaty?
a formal agreement or contract between two or more states, such as an alliance or
trade arrangement
What is public international law?
means the set of legal rules governing international relations between public bodies
such as States and international organisations. Conventions and uniform laws are
common instruments of public international law
Different sources of international law
a) International conventions, whether general or particular;
b) International custom, as evidence of general practice accepted as law;
c) The general principles of law recognised by civilised nations;
d) Subsidiary means for the determination of rules of law such as judicial decisions and
teachings of the most highly ualified publicists.
Perimtory norms
! peremptory norm is a fundamental principle of international law that is accepted by
the international community of states as a norm from which no derogation is permitted.
Erga omnes
"rga omnes means in relation to all. The term is used to describe legal obligations and
rights towards all. "rga omnes is used in property law. The right against trespass of a
property can be enforced as against everyone. The term is in contradiction to contract
law, where contract can be enforced only against a party to the contract and no other.
International law applies the principle of erga omnes in certain cases. Some obligations
are against all states. In some cases, defaulting state alone has obligation. #owever,
certain states are entitled to invo$e obligations erga omnes in proceedings before the
International Court of %ustice, and to ta$e countermeasures in response to serious erga
omnes breaches.
Jus cogens
That body of peremptory principles or norms from which no derogation is permitted;
those norms recogni&ed by the international community as a whole as being
fundamental to the maintenance of an international legal order.
Pacta sun seran!a
Is a brocard, a basic principle of civil law and of international law.
In its most common sense, the principle refers to private contracts, stressing that
contained clauses are law between the parties, and implies that nonfulfillment of
respective obligations is a breach of the pact.
When !oes customary law becomes a source of international law?
The International Court of %ustice Statute defines customary international law in !rticle
'()*))b) as +evidence of a general practice accepted as law.+,*- This is generally
determined through two factors. the general practice of states and what states have
accepted as law.,/-
There are several different $inds of customary international laws recogni&ed by states.
Some customary international laws rise to the level of jus cogens through acceptance
by the international community as non0derogate able rights, while other customary
international law may simply be followed by a small group of states. States are typically
bound by customary international law regardless of whether the states have codified
these laws domestically or through treaties.

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