Nr. 3/07 Heike Krieger: A Conflict of Norms: The Relationship between Humanitarian Law and Human Rights Law in the ICRC Customary Law Study
Heike Krieger – 2007
Conflicts of norms increasingly arise in the international legal order. The growth of the content and the complexity of international law has led to specialised international legal regimes the autonomy of which provokes conflicts with general international law or between special regimes. The law must address the question of how rules embedded in different legal regimes relate to each other when obligations which are separate yet similar deal with the same subject matter. Recent discussions have focussed on the role of the lex specialis rule as a means for solving the conflict, but the exact meaning of this rule is by no means clear.
Autorin: Heike Krieger
Jahr: 2007
Sprache: Englisch
Themenbereiche: Humanitäres Völkerrecht, Menschenrechte
Vorschau:
Conflicts of norms increasingly arise in the international legal order. The growth of the content and the complexity of international law has led to specialised international legal regimes the autonomy of which provokes conflicts with general international law or between special regimes. The law must address the question of how rules embedded in different legal regimes relate to each other when obligations which are separate yet similar deal with the same subject matter. Recent discussions have focussed on the role of the lex specialis rule as a means for solving the conflict, but the exact meaning of this rule is by no means clear.