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    Rights statement: http://journals.cambridge.org/action/displayJournal?jid=ILQ The final, definitive version of this article has been published in the Journal, International & Comparative Law Quarterly, 60 (1), pp 125-165 2011, © 2011 Cambridge University Press.

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Securing Human Rights in the Face of International Integration

Research output: Contribution to journalJournal article

Published
<mark>Journal publication date</mark>01/2011
<mark>Journal</mark>International and Comparative Law Quarterly
Issue number1
Volume60
Number of pages41
Pages (from-to)125-165
Publication statusPublished
Original languageEnglish

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.

Bibliographic note

http://journals.cambridge.org/action/displayJournal?jid=ILQ The final, definitive version of this article has been published in the Journal, International & Comparative Law Quarterly, 60 (1), pp 125-165 2011, © 2011 Cambridge University Press.