Tzanakopoulos, A (2012) Collective Security and Human Rights. In: de Wet, E and Vidmar, J, (eds.) Hierarchy in International Law: The Place of Human Rights. (42 - 70). Oxford University Press: Oxford.
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When the Security Council imposes binding obligations through decisions adopted under Chapter VII of the UN Charter it may impact on internationally protected human rights and the corresponding obligations of UN member states to respect these rights. Member states are then faced with potentially conflicting obligations. This contribution surveys the respective position of Security Council measures and human rights obligations in the (emergent) normative hierarchy of international law. It defines normative conflict and discusses state practice in order to establish whether Article 103 of the UN Charter is a conflict or a hierarchy rule and whether human rights obligations are subordinate to Security Council measures.
|Title:||Collective Security and Human Rights|
|Keywords:||international law, hierarchy of norms, constitutionalisation of international law, norm conflict, security council, collective security|
|UCL classification:||UCL > School of Arts and Social Sciences > Faculty of Laws|
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