The Gewirthian Needs-Based Hierarchy: A Concept for Prioritising Conflicting Norms in International Law

International law is divided into functionally detached treaty regimes which lack clear hierarchies between them. Specific rules on how to prioritise among conflicting norms, e.g. international patent rights under the World Trade Organisation TRIPS regime and fundamental right health United Nations human law, are missing. Political sentiments economic policies often tend business interests, including protection of pharmaceutical patents held by multinational corporations, over contrasting societal has direct negative impacts realisation social rights. In this context, article takes account moral philosophical reasoning, with particular consideration needs-based hierarchy established Alan Gewirth in his conceptualisation principle generic consistency. The shows how, when applied concept dignity, can provide guidance adequate prioritisation legal suggesting necessity protecting most needs less essential interests.