Ibn Sina – Naučnoistraživački institut Sarajevo


Ibn Sina

Naučnoistraživački institut, Sarajevo

Ibn Sina
Naučnoistraživački institut, Sarajevo

On the existence of a hierarchy of human rights in international law

UDK 341.241.8:341.231.14


Mahir Muharemović


Unlike national law, international law does not have a clear normative hierarchy of sources of law and legal norms. However, although international law does nothave the classical hierarchy of sources of norms as in domestic legal systems, the hierarchy of norms in international law is predominantly based on the rule lex posterior derogat legi priori (horizontal hierarchy), the clause of the supremacy contained in the UN Charter and ius cogens norms (vertical hierarchy). Within the human rights system, there is also a hierarchy of human rights, in which fundamental human rights occupy a superior position. Moreover, fundamental human rights, asius cogens norm, are superior to all other norms in international law, and thus represent the essence of the existence of the international rule of law

Key words

Hierarchy of norms, international law, ius cogens, fundamental human rights, UN Charter

URL: /en/on-the-existence-of-a-hierarchy-of-human-rights-in-international-law/


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