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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

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Securing Human Rights in the Face of International Integration. / Butler, Israel de Jesus.
In: International and Comparative Law Quarterly, Vol. 60, No. 1, 01.2011, p. 125-165.

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Harvard

Butler, IDJ 2011, 'Securing Human Rights in the Face of International Integration', International and Comparative Law Quarterly, vol. 60, no. 1, pp. 125-165. https://doi.org/10.1017/S0020589310000692

APA

Vancouver

Butler IDJ. Securing Human Rights in the Face of International Integration. International and Comparative Law Quarterly. 2011 Jan;60(1):125-165. doi: 10.1017/S0020589310000692

Author

Butler, Israel de Jesus. / Securing Human Rights in the Face of International Integration. In: International and Comparative Law Quarterly. 2011 ; Vol. 60, No. 1. pp. 125-165.

Bibtex

@article{5bdad8aa1a844392923564313b74fa9f,
title = "Securing Human Rights in the Face of International Integration",
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 {\textquoteleft}international constitutional{\textquoteright} approach would ensure that human rights are enshrined within the {\textquoteleft}constitutional{\textquoteright} instruments of IGOs, preventing incompatible rules from emerging. The {\textquoteleft}parochial{\textquoteright} approach would ensure that human rights as protected at the national or regional level would take precedence over conflicting international obligations.",
author = "Butler, {Israel de Jesus}",
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, {\textcopyright} 2011 Cambridge University Press.",
year = "2011",
month = jan,
doi = "10.1017/S0020589310000692",
language = "English",
volume = "60",
pages = "125--165",
journal = "International and Comparative Law Quarterly",
issn = "1471-6895",
publisher = "Cambridge University Press",
number = "1",

}

RIS

TY - JOUR

T1 - Securing Human Rights in the Face of International Integration

AU - Butler, Israel de Jesus

N1 - 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.

PY - 2011/1

Y1 - 2011/1

N2 - 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.

AB - 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.

U2 - 10.1017/S0020589310000692

DO - 10.1017/S0020589310000692

M3 - Journal article

VL - 60

SP - 125

EP - 165

JO - International and Comparative Law Quarterly

JF - International and Comparative Law Quarterly

SN - 1471-6895

IS - 1

ER -