Hierarchy in International
Law: The Place of Human
Rights
Erika De Wet, Jure Vidmar - Oxford University Press, 2012
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
Anteprima del libro
