Talk:Sources of international law
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The statements and title suggesting that treaty law is a more important source than customary law are not correct. There is no consensus. For example, Anthony D'Amato, a well-known writer on customary law, argues the reverse.
Since customary law can operate at a different logical level than treaty law - e.g. pacta sunt servanda, the oldest customary rule is a rule which is logically impossible to effectively incorporate into treaty law, such statements are misleading at best, and should be eliminated.
In addition, the consensus on reprisals is that they are only legal if they respect the UN Charter (which might need to be liberally interpreted in some cases). For the last two points, see Shaw's International Law - (The first chapter is on the web, and I think has the pacta sunt servanda point.) --John Z 05:44, 7 August 2005 (UTC)
[edit] Torture as a preremptory norm
I believe you are misreading the Al-Adsani case, inter-state vs intra-state. Im quite sure the ruling did not state torture was not a preremptory norm. See this article in Ejil on the status of torture as a norm jus cogens. [1], you might also find these sources interesting, the first one actually related to the Al-Adsani case, the second a summary of it and the last two as even more evidence of torture being regarded as jus cogens (search for "torture" in order to locate the relevant sections). [2] [3] [4] [5] . --Cybbe 15:17, 6 December 2005 (UTC)
- I stand corrected. The European Court of Human Rights had no doubt "that the prohibition of torture has achieved the status of a preemtory norm in international law" (at 41-42). Nevertheless, by a majority of 9 to 8, the Coutr held that the prohibition on torture did not override the right of a foreign state to immunity in an action in the English courts with respect to damage caused outside the jurisdiction. This example could perhaps be incorporated in the article as an example of the relationship between customary rules and rules of jus cogens. Yeu Ninje 04:43, 7 December 2005 (UTC)
[edit] International law
I've placed the {{Rewrite|Sources of international law}} tag at International law. I'm getting ready to nominate that article on Wikipedia:Version 1.0 Editorial Team/Core topics/Core topics COTF. Please vote here. Thanks • CQ 23:56, 24 July 2006 (UTC)
Surely this is only a rewrite of a discrete part of the international law page. Maybe one day it might be merged back in if similar work is done with the rest of the international law page but I cannot see how it is simply a "rewrite".
--Lucifer(sc) 15:21, 27 July 2006 (UTC)
[edit] United Nations
Is there any general statement that can be made about the relationship between international law and the United Nations? Exactly what does the United Nations have to do in order to create new international law? What are the relationships between human rights, the United nations and international law? What kind of documentation should Wikipedia have in order to say that something is a violation of human rights? --JWSchmidt 00:42, 26 July 2006 (UTC)
