This book takes an inductive approach to the question of whether there is a hierarchy in international law, with human rights obligations trumping other duties. It assesses the extent to which such a hierarchy can be said to exist through an analysis of the case law of national courts. Each chapter of the book examines domestic case law on an issue where human rights obligations conflict with another international law requirement, to see whether national courts gave precedence to human rights. If this is shown to be the case, it would lend support to the argument that the international legal order is moving toward a vertical legal system, with human rights at its apex.In resolving conflicts between human rights obligations and other areas of international law, the practice of judicial bodies, both domestic and international, is crucial. Judicial practice indicates that norm conflicts typically manifest themselves in situations where human rights obligations are at odds with other international obligations, such as immunities; extradition and refoulement; trade and investment law; and environmental protection. This book sets out and analyses the relevant case law in all of these areas.

Hierarchy in International Law: The Place of Human Rights

Vidmar, Jure

De Wet, Erika

Foreign & International Law

Oxford University Press

This book analyzes the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. However, such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And, in this process, the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that, via the right of self-determination, the law of statehood requires for state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. (Series: Studies in International Law - Vol. 46)

Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice (Studies in International Law)

Hart Publishing

The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague.

Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 28 (2015)

Brill Nijhoff

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Books by Vidmar, Jure

See the best price to sell, buy, or rent books by Vidmar, Jure. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Hierarchy in International Law: The Place of Human Rights

Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice (Studies in International Law)

Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 28 (2015)