The "interoperability" of international humanitarian law and human rights law : evaluating the legal tools available to negotiate their relationship
International law in the new age of globalization
Leiden ; Boston : M. Nijhoff, 2013
This chapter examines some of the key legal concepts, principles and methodologies currently available as tools to navigate the relationship between international humanitarian law and human rights law, identifying their advantages and shortcomings. First, part II discusses some of the dominant metaphors in international law scholarship in characterising the relationship between the two bodies of law, and elaborates on the idea of "interoperability". Part III then discusses some of the key legal principles and concepts, including the lex specialis principle ; the "complementary theory" ; rules regarding derogations from human rights treaties ; and general rules of treaty interpretation, focusing in particular on the principle of systemic interpretation in article 31(3)(c) of the Vienna Convention on the Law of Treaties. It also discusses briefly the extraterritorial application of human rights obligations.