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The Reality of International LawEssays in Honour of Ian Brownlie$
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Guy S. Goodwin-Gill and Stefan Talmon

Print publication date: 1999

Print ISBN-13: 9780198268376

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198268376.001.0001

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The Protection of Human Rights in Emergency Situations under Customary International Law

The Protection of Human Rights in Emergency Situations under Customary International Law

Chapter:
(p.413) Chapter 19 The Protection of Human Rights in Emergency Situations under Customary International Law
Source:
The Reality of International Law
Author(s):

Jaime Oraá

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268376.003.0019

This chapter examines the provisions of customary international law concerning the protection of human rights in emergency situations. It discusses the derogation clause in human-rights treaties, which establishes a legal regime regulating the protection of human rights in emergency situations. It highlights the non-participation of about one-third of the states of the international community in international treaties and the occurrence of the gravest violations of fundamental human rights in the context of states of emergency.

Keywords:   human rights, emergency, derogation clause, treaties, international law, customary law

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