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Interaction between international human rights law and the European legal framework

Lookup NU author(s): Professor Rhona SmithORCiD

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Abstract

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 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/ECJ) perhaps more readily considers international laws than the European Court of Human Rights (ECtHR) though each of the principal European courts will consider jurisprudence of the other. Within human rights, there is obviously a degree of convergence between international and regional (so Council of Europe) 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 – 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. For States, however, more pragmatic approaches influence decisions and direction, with any potential infringement of international law evaluated carefully in terms of reputational risk and penalties.

Publication metadata

Author(s): Smith R

Editor(s): Geiger C; Jutte J

Publication type: Book Chapter

Publication status: In Press

Book Title: Research Handbook on Human Rights and Intellectual Property

Year: 2026

Volume: 2nd edition

Acceptance date: 28/07/2026

Edition: 2

Publisher: Elgar

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