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    REDGWELL, CATHERINE 2012. 60 YEARS OF LEGAL SCHOLARSHIP IN THE INTERNATIONAL AND COMPARATIVE LAW QUARTERLY. International and Comparative Law Quarterly, Vol. 61, Issue. 01, p. 1.


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  • International and Comparative Law Quarterly, Volume 60, Issue 1
  • January 2011, pp. 125-165

SECURING HUMAN RIGHTS IN THE FACE OF INTERNATIONAL INTEGRATION

  • Israel de Jesús Butler (a1)
  • DOI: http://dx.doi.org/10.1017/S0020589310000692
  • Published online: 27 January 2011
Abstract
Abstract

The continuous transfer of authority from the national sphere to inter-governmental organizations gives rise to an increasing risk that States may be mandated by their obligations under these organizations to take measures that are inconsistent with their obligations under International Human Rights Law. Drawing on the approaches of various international, regional and national jurisdictions, this article explores two possible models for restructuring International Law that could ensure that human rights obligations remain effective. The ‘international constitutional’ approach would ensure that human rights are enshrined within the ‘constitutional’ instruments of IGOs, preventing incompatible rules from emerging. The ‘parochial’ approach would ensure that human rights as protected at the national or regional level would take precedence over conflicting international obligations.

Copyright
Corresponding author
Email: i.butler@lancaster.ac.uk; Israel.butler@fra.europa.eu.
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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

L Preuss , ‘The Relation of International Law to Internal Law in the French Constitutional System’ (1950) 44 AJIL 641

JH Jackson , ‘Status of Treaties in Domestic Legal Systems: A Policy Analysis’ (1992) 86 AJIL 310

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M Koskenniemi , ‘Hierarchy in International Law: A Sketch’ (1997) 8 EJIL 566

J Charney , ‘Universal International Law’ (1997) 87 AJIL, 529

Christenson, ‘The World Court and Jus Cogens’ (1987) 81 AJIL, 93

C Salcedo , ‘Reflections on the Existence of a Hierarchy of Norms in International Law’ (1997) 8 EJIL 583

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E De Wet , ‘The Emergency of International Regional Value Systems as a Manifestation of the Emerging International Constitutional Order’ (2006) 19 Leiden Journal of International Law 611

T Ahmed and IDJ Butler , ‘The European Union and Human Rights: An International Law Perspective’ (2006) 17 EJIL 771

PE Corbett , ‘World Order—An Agenda for Lawyers’ (1943) 37 AJIL 207

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International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
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