The International Human Rights Movement: A History

By Aryeh Neier | Go to book overview

4
International Human Rights Law

THERE ARE TWO SOURCES OF INTERNATIONAL LAW: CUSTOM AND treaties. Customary international law is the term used to describe rules that are so widely accepted and so deeply held that they help to define what it means to belong to a civilized society. The question of whether customary international law is binding on the United States came before the U.S. Supreme Court as long ago as 1900 in a case called Paquete Habana.1 It involved two fishing boats flying the Spanish flag that were seized by armed vessels of the United States during the Spanish-American war as they were fishing along the coast of Cuba. Their American captor sold the two boats at auction. The capture was unlawful under the customs of war, the Supreme Court held, and the proceeds from the sale of the boats, together with damages and costs, should be paid to the Spanish owner of the two boats.

Treaty law—or conventional law, as it is sometimes called, because the treaties that are the source of such law are multilateral conventions (at times, also referred to as covenants)—often covers the same ground as customary international law. Torture is forbidden by customary international law, for example, and prohibitions against torture are also set forth in several multilateral treaties. The effect is to reinforce recognition that a particular norm set forth in a treaty has the status of customary law. On the other hand, not every provision contained in a treaty has the status of customary law. In order for it to attain that status there has to be additional evidence

-93-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The International Human Rights Movement: A History
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgments vii
  • 1 - The Movement 1
  • 2 - Putting Natural Law Principles into Practice 26
  • 3 - What Are Rights? 57
  • 4 - International Human Rights Law 93
  • 5 - International Humanitarian Law 117
  • 6 - Defying Communism 138
  • 7 - Rights on the Other Side of the Cold War Divide 161
  • 8 - Amnesty International 186
  • 9 - Human Rights Watch 204
  • 10 - The Worldwide Movement 233
  • 11 - Accountability 258
  • 12 - Rights after 9/11 285
  • 13 - Going Forward 318
  • Notes 335
  • Index 359
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 381

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.