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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Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
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 -