Precluding the Wrongfulness of Derogations of International Human Rights Instruments

Abstract Primary and secondary norms represent complementary systems of governance, one specifying the substantive obligations states other imposing consequences upon deviation. Treaties which contain both primary generally operate as self-contained regimes they oust application under customary international law, such those that might be invoked to justify deviations. Conflict, however, arises when treaty seem overlap with their counterpart, while remaining technically disjunct in form. Derogation limitation clauses several human rights instruments provide conditions a violation would justified. On hand, law also prescribes circumstances violations cannot considered wrongful. This article addresses whether existence former treaties precludes invocation latter. It highlights difficulty interpretation derogation are absent.