Hierarchy In International Law The Place Of Human Rights
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Hierarchy In International Law The Place Of Human Rights
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Author : Erika De Wet
language : en
Publisher: OUP Oxford
Release Date : 2012-02-16
Hierarchy In International Law The Place Of Human Rights written by Erika De Wet and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-16 with Law categories.
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.
Hierarchy In International Law
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Author : Ian D. Seiderman
language : en
Publisher: Intersentia nv
Release Date : 2001
Hierarchy In International Law written by Ian D. Seiderman and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Customary law, International categories.
3.1 Custom and "Soft Law"
The International Law Of Human Rights
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Author : Paul Sieghart
language : en
Publisher: Oxford University Press, USA
Release Date : 1983
The International Law Of Human Rights written by Paul Sieghart and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Political Science categories.
1.11 The Rule of Law
International Law And Human Rights
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Author : Hersch Lauterpacht
language : en
Publisher:
Release Date : 1950
International Law And Human Rights written by Hersch Lauterpacht and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1950 with Human rights categories.
On A Hierarchy Of International Human Rights
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Author : Theodor Meron
language : en
Publisher:
Release Date : 1986
On A Hierarchy Of International Human Rights written by Theodor Meron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Human rights categories.
The Law Of International Human Rights Protection
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Author : Walter Kälin
language : en
Publisher: Oxford University Press, USA
Release Date : 2009
The Law Of International Human Rights Protection written by Walter Kälin and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Human rights are invoked on many occasions. But are they more than lofty values and abstract principles? This text shows how human rights create legal entitlements for those protected by them and impose obligations on those bound by them.
Theory And Reality In The International Protection Of Human Rights
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Author : Watson
language : en
Publisher: BRILL
Release Date : 2023-06-26
Theory And Reality In The International Protection Of Human Rights written by Watson and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-26 with Law categories.
Many theories and propositions have been advanced on the tacit assumption that international law encompasses the protection of human rights. Very few, if any, question the validity of this position. Here is a book that does. Theory and Reality in the International Protection of Human Rights presents a defense of the traditional theory of international law-based on a decentralized nation-state system of international relation—as being more appropriate for the analysis of its subject than more recent variants that allow for supranational redress at an increasingly personal level. In particular, Professor Watson shows how the proponents of the international human rights regime persistently use a legislative mode of reasoning, and how international law cannot sustain this technique. He holds that violation of the right to life is best adjudicated within a customary system, and concludes that the validity of the norms of international human rights has yet to be demonstrated. Published under the Transnational Publishers imprint.
The Oxford Handbook Of The Sources Of International Law
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Author : Jean d'Aspremont
language : en
Publisher: Oxford University Press
Release Date : 2017-10-19
The Oxford Handbook Of The Sources Of International Law written by Jean d'Aspremont and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-19 with Law categories.
The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.
The International Law Of Human Rights
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Author : Adam McBeth
language : en
Publisher: Oxford University Press Australia
Release Date : 2017-06
The International Law Of Human Rights written by Adam McBeth and has been published by Oxford University Press Australia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06 with Human rights categories.
The International Law of Human Rights examines the fundamentals of human rights law from the advent of the United Nations Charter through to the challenging contemporary issues facing the human rights regime. The second edition introduces the intricacies of human rights law and provides up-to-date coverage of human rights issues while exploring emerging areas of human rights law. Expert author commentary illuminates a range of examples while 'Snapshots' throughout the text demonstrate real life decisions, thoroughly covering the scope of human rights law. This text has been restructured and comprehensively updated throughout to reflect current legislation, cases and international jurisprudence and is the ideal text for students of human rights law.NEW TO THIS EDITIONNew chapter on International Law: Public international law and the role of state sovereigntyInternational human rights law as a branch of public international lawThe relationship between international law and municipal lawNew chapter on Emerging Rights: Sexual Orientation and Gender Identity rightsEnvironmental rightsExtra-territorial human rights obligationsChapters 10, 11 and 13 significantly revised with expanded discussions on: Armed ConflictTerrorism and Counter-terrorismCorporations and human rights
The Fundamental Rules Of The International Legal Order
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Author : Christian Tomuschat
language : en
Publisher: BRILL
Release Date : 2006
The Fundamental Rules Of The International Legal Order written by Christian Tomuschat and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.