It was made within the context of the UN Charter itself, which includes a commitment from members to promote human rights. It describes itself as 'a common standard of achievement for all peoples and all nations' and in this way proclaims its universality. The Declaration is described elsewhere in similar terms. Most commentators agree that the Universal Declaration is now international law that binds all nations whether or not they have signed any or all of the human rights treaties. Although most nations have ratified most human rights treaties, many have not.
Treaties form a common basis for negotiations between nations.
It is more difficult working with those that are outside the human rights treaty system. However, if the Universal Declaration has become part of customary international law binding all nations, it is the basis of mutual obligations between states. Nations can be held accountable for their compliance or non-compliance with it. There are strong arguments that the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights are also now part of customary law, although there is no agreement. Nevertheless, human rights obligations expressed in international instruments are progressively finding their way into the common law of nations which binds them all.