Faculty Scholarship

Document Type

Article

Publication Date

Spring 2009

Abstract

This article is divided into four sections. Section I will discuss how a rule of customary international law generally develops, including discussions of development from conventional sources and the use of United Nations resolutions for finding a rule of customary international law generally. Section II will expound the treatment of and reliance upon the United Nations resolutions as a source of law by the International Court of Justice, in order to facilitate our discussion of an emerging rule of customary international law from resolutions. Section III will consider the limitations for using resolutions as binding statements of opinio juris. Finally, section IV will analyze the resolutions of both the General Assembly and Security Council that are particularly relevant to complying with human rights while combating terrorism and advocate that such resolutions have established the necessary opinio juris and, combined with the decisions of the high courts of influential countries which abide by the rule, confirms a rule of customary international law that counter-terrorism measures must conform to human rights. [excerpt]

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