Menno T. Kamminga – författare

Traditional international law aims to protect the values and interests of states.The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to better reflect the values and interests of a wider range of actors, including the individual. This volume provides the first comprehensive examination of the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility and diplomatic protection. The authors trace the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.The book contains work carried out by the Committee on International Law and Practice of the International Law Association (ILA) over a period of four years, incluing the Committee's Final Report on the Impact of International Human Rights Law on General International Law and in-depth contributions by Committee members on key areas of international law.

Menno T. Kamminga challenges one of the cornerstones of classic international law: the presumption that states are entitled to exercise diplomatic protection only on behalf of their own nationals. Kamminga systematically reexamines this position, arguing that if a state violates its international human rights obligations, other states are entitled to exercise full protection on behalf of the victims, regardless of their nationality.

The main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields outside their own specialization as well as for students, researchers and lecturers seeking an overview of the challenges in human rights law.