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Bibliography on International Law until 1945 and the following works reviewing the literature: A. Rougier, ‘La théorie de l’intervention d’humanité’, Revue générale de droit international public , 17 (1910), 468–97; E. C. Stowell, Intervention in International Law (Washington, DC: John Byrne, 1921); J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of Humanitarian Intervention: Its Current Validity Under the U
have stressed and stretched two distinct but related areas of international law: the right of self-defence, and the rules of international humanitarian law. I conclude by arguing that even a disproportionately powerful state is constrained, in its ability to change international law, by the actions of other countries and public opinion – both at home and abroad. There are two principal sources of international law. ‘Customary international law’ is an informal, unwritten body of rules deriving from a combination of ‘state practice’ and opinio juris . State
), 37–8; W. G. Grewe, The Epochs of International Law (Berlin: Walter de Gruyter, 2000, translated and revised by M. Byers), 493; J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of Humanitarian Intervention: Its Current Validity Under the U.N. Charter’, California Western International Law Journal (1973–74), 235; M. Finnemore, ‘Constructing Norms of Humanitarian Intervention’, in P. J. Katzenstein (ed.), The Culture of
, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage’. Though Israel is not a party to the Protocol, the Protocol’s provision in this respect is widely considered to reflect customary international law: Theodor Meron, Human Rights and Humanitarian Norms As Customary Law (Oxford: Clarendon Press, 1989), 64–5. 11 Though in Byers’ recounting of the history of this point of law on the invocation of
. Notably, as Guy Goodwin-Gill and others have emphasized, the 1951 Refugee Convention, and corresponding customary international law norms, do “not deal with the question of admission, and neither [do they] oblige a state of refuge to accord asylum as such” ( p. 30, n 71 ). 8 I am thus less optimistic than Shachar that existing legal norms—which themselves are forged by deeply political compromises—can be activated to achieve the level of protection of non-nationals that the normative positions underpinning her approach appear to demand. As suggested below, even if more
M. Ganji, International Protection of Human Rights (Geneva: Librairie E. Droz, 1962), 24–6; J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of Humanitarian Intervention: Its Current Validity Under the U.N. Charter’, California Western International Law Journal (1973–74), 208–9; M. Finnemore, ‘Constructing Norms of Humanitarian Intervention’, in P. J. Katzenstein (ed.), The Culture of National Security (New York
–400; Dakin, The Greek Struggle for Independence , 182–3; Crawley, The Question of Greek Independence , 75–6; Jelavich, Russia’s Balkan Entanglements , 81–2; Hinde, George Canning , 456–7. 115 Treaty of London, in Modern History Sourcebook, http://www.fordham.edu/Halsall/mod/1827gktreaty.asp . 116 J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of
Russe dans la question d’Orient’, Revue du droit international et de législation comparée , 9 (1877), 49–50. 131 Mandelstam, ‘La protection des minorités’, 376–7. 132 Ganji, International Protection of Human Rights , 29–33. 133 J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of
be accessed without discrimination; Article 6 underlines the notion of equality in law; Article 7 specifically deals with the field of education. These basic articles have been interpreted and clarified by CERD through general recommendations, developing the nature of State obligations and contributing to the growth of customary international law. In advancing the claim that CERD has been relatively effective in promoting minority and indigenous peoples rights, this section draws attention to its contribution in four specific spheres: (1) clarifying the wide scope
I. Brownlie, International Law and the Use of Force by States (Oxford: Clarendon Press, 1963), 46. 177 T. M. Franck and N. S. Rodley, ‘After Bangladesh: The Law of Humanitarian Intervention by Military Force’, American Journal of International Law , 67:2 (1973), 285. 178 J.-P. L., Fonteyne, ‘The Customary International Law Doctrine of Humanitarian