Book contents
- International Human Rights Law
- International Human Rights Law
- Copyright page
- Dedication
- Contents
- About the Authors
- Acknowledgments
- Note on the Text
- Table of Cases
- Abbreviations
- Part I Foundations of International Human Rights Law
- Title 1 Theoretical Elements of International Human Rights Law
- Title 2 Normative Pluralism in International Human Rights Law
- 5 The Treaty-Based Structure of International Human Rights Law
- 6 Nonconventional Formation of International Human Rights Law
- 7 Judicial Decisions as a Primary Source of International Human Rights Law
- 8 The Place of Soft Law Standards in International Human Rights Law
- Title 3 The Relationship Between International Human Rights Law and Other Branches of International Law
- Part II The Machinery of International Human Rights Law
- Part III The Interpretation of International Human Rights Law
- Part IV Remedies and Implementation of International Human Rights Decisions
6 - Nonconventional Formation of International Human Rights Law
from Title 2 - Normative Pluralism in International Human Rights Law
Published online by Cambridge University Press: 10 April 2025
- International Human Rights Law
- International Human Rights Law
- Copyright page
- Dedication
- Contents
- About the Authors
- Acknowledgments
- Note on the Text
- Table of Cases
- Abbreviations
- Part I Foundations of International Human Rights Law
- Title 1 Theoretical Elements of International Human Rights Law
- Title 2 Normative Pluralism in International Human Rights Law
- 5 The Treaty-Based Structure of International Human Rights Law
- 6 Nonconventional Formation of International Human Rights Law
- 7 Judicial Decisions as a Primary Source of International Human Rights Law
- 8 The Place of Soft Law Standards in International Human Rights Law
- Title 3 The Relationship Between International Human Rights Law and Other Branches of International Law
- Part II The Machinery of International Human Rights Law
- Part III The Interpretation of International Human Rights Law
- Part IV Remedies and Implementation of International Human Rights Decisions
Summary
This chapter explores the role of customary norms, general principles of international law, and jus cogens in forming human rights law. It discusses the importance and challenges of integrating noncodified sources into the human rights framework. The chapter examines how customary international law and general principles of law contribute to the development and application of human rights norms. It also discusses the concept of jus cogens and its role in establishing fundamental human rights norms that cannot be derogated. The chapter highlights the challenges in identifying and applying noncodified sources of human rights law and the need for a comprehensive approach to integrate these sources into the human rights framework.
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- International Human Rights LawA Treatise, pp. 68 - 80Publisher: Cambridge University PressPrint publication year: 2025