Chapter

The Relationship between International Trade Law and International Human Rights Law

Andreas R Ziegler and Bertram Boie

in Hierarchy in International Law

Published in print March 2012 | ISBN: 9780199647071
Published online May 2012 | e-ISBN: 9780191738999 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199647071.003.0010
The Relationship between International Trade Law and International Human Rights Law

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This chapter explores the field of (potential) norm conflicts between international trade law, in particular World Trade Organization law, and human rights law. The case law relevant to this kind of conflict is still emerging, as a result of which the patterns as to how court decisions (regularly) resolve emerging norm conflicts between the two fields of law are difficult to establish. However, amongst those decisions that are identified, courts largely avoid acknowledging a hierarchy of norms, or resolve conflicts by means of classic conflict avoidance techniques. Domestic courts seem, first, to consider whether the separate treaty regimes for different areas of international law are directly applicable and, to the extent that they are directly applicable, to treat them as separate from one another.

Keywords: trade law; WTO; human rights; conflict avoidance techniques

Chapter.  15125 words. 

Subjects: Public International Law

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