Human rights and customary international law
Last year the ILC completed its six-year study on the identification of CIL, which sought to provide guidance on how the existence and content of rules of CIL are to be determined. It may already be said that at least part of the reason for which the Commission saw it necessary to take on the topic was the confusion sown by some working in the field of human rights, who sought to reframe custom as a source of international law as part of a conscious effort to make customary law-making an instrument to resolve urgent issues in international law where treaty law making was seen to fail.
The seminar focuses on the applications of customary law on human rights. Sender and Andenas wish to clarify how a general method or theory of sources sets limits for the development of a general international law of human rights. They are both concerned with the systemic requirements of international law, and the application of a general theory or method of sources across the international legal disciplines. Andenas is particularly concerned with how, at the same time, a positivist or cautious black letter application may open up for incremental development of the general international law on human rights which take account of treaty making and other state practice in fora including UN bodies from the Security Council and General Assembly and new bodies such as the Human Rights Council and the many compliance bodies, He is also concerned with the emerging interaction with general principles of law and general principles of international law.
Professor Mads Andenas QC in the chair
Introduction by Omri Sender, Tel Aviv and London.
Omri Sender assisted the Reporter, Sir Michael Wood, on the ILC six-year study on the identification of customary international law.
Professor Freya Baetens, Institute of Public and International Law, UiO
Dr Maria Lundberg, Centre for Human Rights, UiO
Dr Johann Leiss, Institute of Private Law, UiO and University of Göttingen
Dr Juan Pablo Pérez León Acevedo, PluriCourts, UiO
Michele Tedeschini, SOAS, University of London
Dr Stian Øby Johansen, Centre of European Law, UiO