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Anuario mexicano de derecho internacional

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GONZALEZ DOMINGUEZ, Pablo. Reshape of the Relationship Between International Human Rights Law and Domestic Law on the Basis of the Principle of Subsidiarity. Anu. Mex. Der. Inter [online]. 2017, vol.17, pp.717-748. ISSN 1870-4654.

This article argues that the principle of subsidiarity is a solid concept to understand the relationship between International Human Rights Law and domestic law. Subsidiarity allows overcoming the insufficiencies of the theories of monism and dualism in the understanding of this relationship, since it is a principle with enough flexibility to mediate the inherent tension that comes from the existence of universal human rights norms, and the validity of principles such as the sovereignty of States and the right to constitutional self-determination. This article holds that State’s freedom to determine the extent of human rights protection at the national level depends on the degree of protection to human dignity recognized by the law of treaties.

Keywords : principle of subsidiarity; theory of monism; theory of dualism; relationship between international law and domestic law; Inter-American Human Rights System.

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