Research Handbooks in Intellectual Property series
Edited by Christophe Geiger
Chapter 4: Interaction between international human rights law and the European legal framework
This chapter addresses the interaction between international human rights law and the European legal framework. The interaction is particularly crucial when there is perceived to be a difference between the applicable regional and international standards. Which set of rules should a State prioritise and, if the question should arise, which takes precedence? The differing impacts of the European Union (EU) and Council of Europe on other organisations and businesses potentially add further layers of complexity. As will be seen, there is some guidance from the case law. The Court of Justice of the European Union (CJEU) perhaps more readily reviews international laws than the European Court of Human Rights (ECtHR) but, interestingly, each of the principal European courts will consider the other. Within human rights, there is obviously a degree of convergence between international and regional systems, each enshrining similar fundamental human rights and freedoms. For private actors, the applicable law is dependent on the law under which the actor is operating – this will inevitably be a discernible (or even explicitly specified) national legal system. That national system should reflect international human rights standards and any relevant European laws and policies. There is usually little flexibility accorded to private actors as any failure to comply with national law, whatever its form and content, could result in legal action.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.