Abstract: In Al-Jedda v. United Kingdom, the European Court of Human Rights addressed the petition of a person detained by U.K. occupation forces in Iraq pursuant to United Nations Security Council authorization. One issue before the court in Al-Jedda—whether the petitioner’s rights against the U.K. government under the Convention for the Protection of Human Rights and Fundamental Freedoms might disapply the Security Council authorization—illustrates the problem of norm conflict between intergovernmental regimes. The Al-Jedda court avoided directly pitting the differing norms at issue (Security Council resolutions versus European human rights treaty provisions), but in doing so left open such a conflict for where one such norm explicitly requires violation of the other. When this question arises, the court should not hold that the applicability of European treaty norms disapplies Security Council resolutions or other United Nations acts, because so holding would further fragment the international system and leave states in positions where they will be bound to violate at least some of their international obligations.
2015-2016 Board of Editors
We are pleased to announce the Board of Editors for the 2015-2015 academic year.
BCLR Latest Issue: Vol. LVI No. 3
The Boston College Law Review is pleased to announce our latest publication , the May 2015 issue. The current issue is featured on […]
BCLR Releases Vol. LV No. 3
The Boston College Law Review is pleased to publish the May 2014 issue. Here are summaries of this issue’s Articles and Notes: […]