International Relations Commons^™

Stephen James On The Challenge Of Human Rights: Origin, Development And Significance By Jack Mahoney. Oxford: Blackwell Publishing, 2007. 215pp., Stephen James

Human Rights & Human Welfare

A review of:

The Challenge of Human Rights: Origin, Development and Significance by Jack Mahoney. Oxford: Blackwell Publishing, 2007. 215pp.

(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz

Philosophy Faculty Publications

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of …