基本説明
Examines the case law of national and international courts to see whether primacy is given to human rights in case of a norm conflict.
Full 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.
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
