Part II Historical and Legal Sources, Ch.8 General Principles and Constitutions as Sources of Human Rights Law

Subject(s):

Access to justice — Res judicata — Development, right to — Advisory opinions — Customary international law — General principles of international law — Peremptory norms / ius cogens — Erga omnes obligations — Crimes against humanity — Genocide

This article examines influence of general principles of law and constitutions in the formulation of human rights standards and in their interpretation and application by international courts, particularly the Universal Declaration of Human Rights (UDHR). It describes and compares the application and interpretation of human rights by the International Court of Justice (ICJ), the European and Inter-American Courts of Human Rights, and the Court of Justice of the European Union (CJEU). This article also highlights the fact that majority of human rights instruments and provisions subsequently adopted at the national and international levels have built upon the guarantees elaborated by the UDHR.