International law, Sixth edition
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International Law MALCOLM N. SHAW
parties. 61 54 Articles 3, 4, 5, 6, 9, 12, 17, 18, 19, 20 and 23. 55 Articles 6, 7, 8(1) and (2), 11, 15, 16 and 18. Note that the Banjul Charter contains no specific derogations clause. 56 The fact that a right may not be derogated from may constitute evidence that the right concerned is part of jus cogens. 57 See e.g. articles 8–11 of the European Convention, articles 12–14, 15–16 and 21–2 of the Inter-American Convention and articles 12, 18, 19, 21 and 22 of the Civil and Political Rights Covenant. See also Higgins, ‘Derogations’. 58 See e.g. the due process rights. 59 Note that questions relating to the interpretation of and reservations to human rights treaties will be noted below in chapter 16, pp. 932 and 913, while the issue of succession to human rights treaties will be noted below in chapter 17, p. 981. 60 See e.g. Third US Restatement of Foreign Relations Law, St Paul, 1987, vol. II, pp. 161 ff. and Filartiga v. Pena-Irala 630 F.2d 876; 77 ILR, p. 169. See also T. Meron, Human Rights and Humanitarian Norms as Customary Law, Oxford, 1989 and the articles published in the Special Issue on Customary International Human Rights Law, 25 Georgia Journal of International and Comparative Law, 1995–6. 61 See below, chapter 14, p. 807. 276 i n t e r nat i o na l l aw Evolving principles Certain areas of international human rights law are rapidly evolving. First, for example, the increasing extraterritoriality of human rights is becoming evident in the case-law of the European Convention on Human Rights, 62 the approach of the Human Rights Committee under the International Covenant on Civil and Political Rights 63 and the case-law of the Interna- tional Court of Justice. 64 Secondly, the responsibility of states to prevent human rights abuses is beginning to be seriously considered, particularly with regard to genocide 65 and torture, 66 while more generally the obliga- tion upon states and, for example, international organisations positively to protect human rights is becoming part of the agenda of international human rights law. Thirdly, increasing interest is being manifested in na- tional human rights institutions. 67 Download 7.77 Mb. Do'stlaringiz bilan baham: |
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