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Final Report on the Impact of International Human Rights Law on General International Law

Menno T. Kamminga

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Abstract

This report, prepared for the Committee on International Human Rights Law and Practice of the International Law Association, examines the impact of international human rights law on general international law in the following areas: the structure of international obligations, the formation of customary international law, treaty law, the relationship between international law and domestic law, immunity, diplomatic protection, the right to consular notification and state responsibility. It concludes that the response by the International Court of Justice and the International Law Commission (the principal guardians of general international law) to the challenge to make international law less 'statist' and more receptive to the needs of a wider range of actors has been rather mixed.

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What this paper is about

This report, prepared for the Committee on International Human Rights Law and Practice of the International Law Association, examines the impact of international human rights law on general international law in the following areas: the structure of international obligations, the formation of customary international law, treaty law, the relationship between international law and domestic law, immunity, diplomatic protection, the right to consular notification and state responsibility. It concludes that the response by the International Court of Justice and the International Law Commission (the principal guardians of general international law) to the challenge to make international law less 'statist' and more receptive to the needs of a wider range of actors has been rather mixed.

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Available abstract

This report, prepared for the Committee on International Human Rights Law and Practice of the International Law Association, examines the impact of international human rights law on general international law in the following areas: the structure of international obligations, the formation of customary international law, treaty law, the relationship between international law and domestic law, immunity, diplomatic protection, the right to consular notification and state responsibility. It concludes that the response by the International Court of Justice and the International Law Commission (the principal guardians of general international law) to the challenge to make international law less 'statist' and more receptive to the needs of a wider range of actors has been rather mixed.

Key concepts: Law, International law, Municipal law, Political science, Public international law, Customary international law, Public law, Comparative law

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