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Securing Human Rights in the Face of International Integration

Butler, Israel de Jesus (2011) Securing Human Rights in the Face of International Integration. International and Comparative Law Quarterly, 60 (1). pp. 125-165. ISSN 1471-6895

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    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.

    Item Type: Article
    Journal or Publication Title: International and Comparative Law Quarterly
    Additional Information: 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.
    Subjects: K Law > K Law (General)
    Departments: Faculty of Arts & Social Sciences > Law School
    ID Code: 31219
    Deposited By: Dr Israel Butler
    Deposited On: 06 Jan 2010 11:45
    Refereed?: Yes
    Published?: Published
    Last Modified: 09 Apr 2014 20:30
    Identification Number:
    URI: http://eprints.lancs.ac.uk/id/eprint/31219

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