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Part IV Normative Evolution, Ch.21 The Law-Making Process: From Declaration to Treaty to Custom to Prevention

Bertrand G Ramcharan

From: The Oxford Handbook of International Human Rights Law

Edited By: Dinah Shelton

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 05 December 2020

Subject(s):
Access to justice — Right to liberty of movement — Gross violations — Freedom from slavery or forced labour — Right to education — Diplomatic relations — Customary international law — Armed conflict, international

This article examines the international human rights lawmaking process. It analyses the sources and methods for the creation of norms and the transition from declarations and treaties to customary international law. It describes the drafting process for human rights declarations and conventions and offers a number of suggestions on how to improve human rights law-making. These include adopting a greater preventive role in the future and leaving the law-making process in the hands of members of the human rights movement.

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