ABSTRACT
Customary international law is a set of entitlements that have developed through centuries of the "practice" of states. In international law, nations have through history incorporated the provisions of treaties into customary law without regard to the intent of the parties—even if such an intent could be determined, and even if it were determined to express a desire for exclusivity. This chapter shows that, through the time-honored process of the generation of customary law by generalizable treaty provisions, international entitlements have arisen that prohibit any nation from engaging in acts of genocide against its own population, or torturing or enslaving any human being. These "human rights," as well as others, may be found in multilateral conventions, but their effect spreads to nonparty states through the customary process of treaty generation of international law. The chapter attempts to defend the thesis of treaty generation of customary law against various contrary contentions that have recently been advanced.
