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Bernhard Schäfer

Zum Verhältnis Menschenrechte und humanitäres Völkerrecht

ISBN: 978-3-939469-16-2
104 pages
Release year 2006

Series: Studien zu Grund- und Menschenrechten , 13

8,75 

The author analysis the still disputed relationship between international human rights law and humanitarian law. The manifold reasons for the controversial relationship and the associated main problems are dealt with in four sections (2 to 5). They focus on an older leading opinion about the relationship between the law of peace and law of war, the extraterritorial application of human rights treaties, the differing doctrinal views, and the relationship of both areas in a narrow sense, that is, especially the solution of potential conflicts between them. The study primarily gives an account of the present state of discussion on the topic in a concentrated manner but also offers own results and thoughts. In another section (6) other issues, related to but going beyond the main questions, are pointed out. The booklet also contains a summary and concluding remarks (7 and 8) as well as an extensive bibliography and a list of relevant jurisprudence and legal opinions of international organs.

The author analysis the still disputed relationship between international human rights law and humanitarian law. The manifold reasons for the controversial relationship and the associated main problems are dealt with in four sections (2 to 5). They focus on an older leading opinion about the relationship between the law of peace and law of war, the extraterritorial application of human rights treaties, the differing doctrinal views, and the relationship of both areas in a narrow sense, that is, especially the solution of potential conflicts between them. The study primarily gives an account of the present state of discussion on the topic in a concentrated manner but also offers own results and thoughts. In another section (6) other issues, related to but going beyond the main questions, are pointed out. The booklet also contains a summary and concluding remarks (7 and 8) as well as an extensive bibliography and a list of relevant jurisprudence and legal opinions of international organs.