Abstract

http://ssrn.com/abstract=1724629
 


 



Human Rights and the Immunities of Foreign States and International Organizations


Riccardo Pavoni


University of Siena - Department of Law


in Erika de Wet and Jure Vidmar (eds.), HIERARCHY IN INTERNATIONAL LAW: THE PLACE OF HUMAN RIGHTS, OUP, 2012, pp. 71-113

Abstract:     
By extensively drawing on existing judicial practice, this chapter argues that the relationship between human rights and the immunities of States and IOs may be conceptualized as a tension among competing rules which can be worked out by means of interpretation, thus as an apparent conflict of norms open to the application of conflict avoidance techniques.

The chapter particularly advocates an ‘alternative-remedies test’ as a reasonable balance between the values and interests underlying the competing rules at stake. It considers that jus cogens may well play a role as a chiefly important element to be taken into account in this balancing process. The overall conclusion is that current and evolving practice in this field lends support to the emergence of a de facto human rights-based normative hierarchy in international law.

Keywords: human rights, immunities, alternative remedies

JEL Classification: K33

Accepted Paper Series


Not Available For Download

Date posted: December 15, 2010 ; Last revised: November 8, 2012

Suggested Citation

Pavoni, Riccardo, Human Rights and the Immunities of Foreign States and International Organizations. in Erika de Wet and Jure Vidmar (eds.), HIERARCHY IN INTERNATIONAL LAW: THE PLACE OF HUMAN RIGHTS, OUP, 2012, pp. 71-113. Available at SSRN: http://ssrn.com/abstract=1724629

Contact Information

Riccardo Pavoni (Contact Author)
University of Siena - Department of Law ( email )
Via P.A. Mattioli 10
Siena, 53100
Italy
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