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Hierarchy in International Law
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Hierarchy in International Law: The Place of Human Rights

Erika De Wet and Jure Vidmar

Abstract

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 o ... More

Keywords: norm conflicts, normative hierarchy, human rights, judicial decisions, judicial practice, international law

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199647071
Published to Oxford Scholarship Online: May 2012 DOI:10.1093/acprof:oso/9780199647071.001.0001

Authors

Affiliations are at time of print publication.

Erika De Wet, editor
Co-Director and Professor of International Law, Institute for International and Comparative Law in Africa, University of Pretoria; Professor of International Constitutional Law, University of Amsterdam

Jure Vidmar, editor
Anglo-German Fellow, Institute of European and Comparative Law, Faculty of Law, University of Oxford

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