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Hierarchy in International Law

The Place of Human Rights

Hierarchy in International Law by Erika De Wet
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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. 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 tohuman 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 caselaw in all of these areas.
Oxford University Press; February 2012
368 pages; ISBN 9780191627774
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Title: Hierarchy in International Law
Author: Erika De Wet; Jure Vidmar
 
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ISBNs
0191627771
9780191627774
9780199647071