Rethinking the supremacy of international law
| Authors | |
|---|---|
| Publication date | 2010 |
| Journal | Zeitschrift für öffentliches Recht |
| Volume | Issue number | 65 | 1 |
| Pages (from-to) | 65-85 |
| Number of pages | 21 |
| Organisations |
|
| Abstract | This paper reviews whether the principle of supremacy, claimed by international law, is absolute or whether and on which grounds domestic courts might refrain from applying international obligations. Following an analysis of various scenarios for conflicts between international and domestic law, the paper argues that a differentiated, substantive understanding of the principle of supremacy might support both the allowance of international law into domestic legal systems and the better integration of concepts like the protection of fundamental rights into international law. |
| Document type | Article |
| Published at | https://doi.org/10.1007/s00708-010-0044-4 |
| Downloads |
334940.pdf
(Final published version)
|
| Permalink to this page | |
