Hierarchy in International Law: The Place of Human Rights
Erika De Wet, Jure Vidmar
OUP Oxford, Feb 16, 2012 - Law - 366 pages
This book takes an inductive approach to the question of whether there is a hierarchy in international law, with human rights obligations trumping other duties. It assesses the extent to which such a hierarchy can be said to exist through an analysis of the case law of national courts. Each chapter of the book examines domestic case law on an issue where human rights obligations conflict with another international law requirement, to see whether national courts gave precedence to human rights. If this is shown to be the case, it would lend support to the argument that the international legal order is moving toward a vertical legal system, with human rights at its apex. In resolving conflicts between human rights obligations and other areas of international law, the practice of judicial bodies, both domestic and international, is crucial. Judicial practice indicates that norm conflicts typically manifest themselves in situations where human rights obligations are at odds with other international obligations, such as immunities; extradition and refoulement; trade and investment law; and environmental protection. This book sets out and analyses the relevant case law in all of these areas.
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Towards a Vertical International Legal System?
3 Collective Security and Human Rights
4 Human Rights and the Immunities of Foreign States and International Organizations
5 Human Rights and the Immunities of State Officials
6 On the Hierarchy between Extradition and Human Rights
7 Human Rights Refugees and Other Displaced Persons in International Law
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acts Africa Agreement application Argentina argued Article 103 beneﬁt breach Charter claims conﬂict avoidance constitutional context Court of Human crimes customary international law deﬁned deﬁnition domestic courts domestic law ECHR economic ECtHR environment environmental European Court extradition ﬁrst genocide guarantees hierarchically superior hierarchy in international human rights law human rights norms human rights obligations human rights violations IACtHR Ibid paras ILDC immunity ratione International Criminal International Criminal Court international human rights International Law Commission international legal interpretation investment investor issue judgment judicial jurisdiction jurisprudence jus cogens legal order Lord non-refoulement norm conﬂict normative hierarchy ofArticle ofﬁcials ofhuman ofinternational ofjus cogens ofjustice ofstate ofthe parties peremptory norms principle prohibition of torture protection provides reﬂect refugee law regimes relevant remedies requested respect scope Security Council signiﬁcant speciﬁc state’s substantive Supreme Court tion trade law tribunals UN Charter United Kingdom United Nations VCLT