Hierarchy in International Law: The Place of Human Rights

Hardcover | April 1, 2012

EditorErika de Wet, Jure Vidmar

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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. Eachchapter 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 internationallegal 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 areat 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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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. Eachchapter of the book examines domestic case law...

Erika de Wet is Co-Director of the Institute for International and Comparative Law in Africa and Professor of International Law at the University of Pretoria. Between 2004 and 2010, she was a full-time (tenured) Professor of Constitutional Law at the Amsterdam Center for International Law, University of Amsterdam, a position which she...

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Kobo ebook|Feb 16 2012

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Format:HardcoverDimensions:392 pages, 9.21 × 6.14 × 0.98 inPublished:April 1, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199647070

ISBN - 13:9780199647071

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Table of Contents

1. Erika de Wet and Jure Vidmar: Introduction2. Jure Vidmar: Norm Conflicts and Hierarchy in International Law: Towards a Vertical International Legal System?3. Antonios Tzanakopoulos: Human Rights and United Nations Security Council Measures4. Riccardo Pavoni: Human Rights and the Immunities of Foreign States and International Organizations5. Philippa Webb: Human Rights and the Immunities of State Officials6. Harmen van der Wilt: On the Hierarchy between Extradition and Human Rights7. Geoff Gilbert: Human Rights, Refugees and Other Displaced Persons in International Law8. Dinah Shelton: Resolving Conflicts between Human Rights and Environmental Protection: Is there a Hierarchy?9. Susan Karamanian: The Human Rights Dimension of Investment Law10. Andreas Ziegler and Bertram Boie: The Relationship between International Trade Law and International Human Rights Law11. Erika de Wet and Jure Vidmar: Conclusions