How can federalism be reconciled with the effective implementation of international human rights law? Professor Andreas Th. Müller argues that international human rights law is myopic in regard to federal States but not completely blind.
In general, international law ignores the federal structure of States. Accordingly, from the point of view of international law, States must comply with their international human rights obligations, irrespective of whether their federal units, by virtue of their constitutionally guaranteed autonomy, envisage a different course of action. This gives rise to the question how to reconcile the constitutional option of States for a division of public authority between the federation and federal units with the effectiveness requirements of international law. Federal constitutions (including the Austrian one) normally provide for mechanisms to avoid (the escalation of) such conflicts. On the other hand, international law may give some leeway to federal units when implementing international human rights obligations. Thus, while international human rights law is certainly highly myopic in regard to federal States, it is not completely blind.
Logistical information: The presentation will begin at 11:15. There will be a coffee break before the lecture at 11:00.
This event is supported by the Swiss National Science Foundation (SNFS).