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Hierarchy in International LawThe Place of Human Rights$
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Erika De Wet and Jure Vidmar

Print publication date: 2012

Print ISBN-13: 9780199647071

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199647071.001.0001

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Collective Security and Human Rights

Collective Security and Human Rights

(p.42) 3 Collective Security and Human Rights
Hierarchy in International Law

Antonios Tzanakopoulos

Oxford University Press

When the Security Council imposes binding obligations through decisions adopted under Chapter VII of the UN Charter it may impact on internationally protected human rights and the corresponding obligations of UN member states to respect these rights. Member states are then faced with potentially conflicting obligations. This chapter surveys the respective position of Security Council measures and human rights obligations in the (emergent) normative hierarchy of international law. It defines normative conflict and discusses state practice in order to establish whether Article 103 of the UN Charter is a conflict or a hierarchy rule and whether human rights obligations are subordinate to Security Council measures.

Keywords:   norm conflict, apparent conflict, genuine conflict, normative hierarchy, human rights, Chapter VII, Article 103

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