Approaches to Resolving Growing Conflicts between Human Rights and International Law Norms in British and European Courts

Abstract

This paper examines, in detail, the operation of Article 103 of the UN Charter, including in regards to, ius cogens. It analyses the position of the Security Council in relation to the rule of law, and the role of the International Court of Justice and national courts in enforcing it. It analyses the cases of R. (Al-Jedda) v. Secretary of State for Defence [2008] 1 A.C. 332 in the UK Supreme Court, and Kadi and Al Barakaat International v. Council and Commission (joined cases C- 402/05 P and C-415/05 P) in the European Court of Justice, as concrete examples of the resolution of norm conflicts as between Security Council resolutions and human rights treaties. Both cases are praised for drawing a fine balance between the protection of fundamental human rights and the need to limit threats to international security.