Hierarchy in international law : the place of human rights

Author(s)

• De Wet, Erika
• Vidmar, Jure

Bibliographic Information

Hierarchy in international law : the place of human rights

edited by Erika de Wet and Jure Vidmar

Oxford University Press, 2012

• : hardcover

Note

Includes bibliographical references (p. [311]-317) and index

Description and Table of Contents

Description

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.

Table of Contents

• 1. Introduction
• 2. Norm Conflicts and Hierarchy in International Law: Towards a Vertical International Legal System?
• 3. Human Rights and United Nations Security Council Measures
• 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
• 8. Resolving Conflicts between Human Rights and Environmental Protection: Is there a Hierarchy?
• 9. Human Rights Dimensions of Investment Law
• 10. The Relationship between International Trade Law and International Human Rights Law
• 11. Conclusions

by "Nielsen BookData"

Details

• NCID: BB08797632
• ISBN:
  • 9780199647071
• LCCN: 2011939865
• Country Code: uk
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Oxford
• Pages/Volumes: xxxiv, 330 p.
• Size: 24 cm
• Classification:
  • DC23 : 341.48
• Subject Headings:
  • LCSH : Human rights
  • LCSH : Hierarchies