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Impact on the Process of the Formation of Customary International Law

Jan Wouters and Cedric Ryngaert

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the ‘human rights method’ of ascertaining customary international law, with its emphasis on opinio juris over state practice, with a favourable eye. It argues that while it is ... More


The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (a) The Outlawing of Acts of Aggression

MAURIZIO RAGAZZI

in The Concept of International Obligations Erga Omnes

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298700
eISBN:
9780191707513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298700.003.0004
Subject:
Law, Law of Obligations

The prohibition of aggression is opposable to all states without exception and affects the interest of all. This chapter examines the impact of erga omnes on self-defence and other circumstances ... More


Lessons to be Learned from the Practice

CONSTANZE SCHULTE

in Compliance with Decisions of the International Court of Justice

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199276721
eISBN:
9780191707667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276721.003.0005
Subject:
Law, Public International Law

This chapter considers the lessons learned from the actual practice of states with regard to the issue of compliance and evaluating prospects for the future. The analysis of practice has shown a ... More


The prohibition of state terrorism and questions of attribution

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.003.0002
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 2 explores the obligations to refrain from engaging in or supporting acts of international terrorism as specific instantiations of the general international law prohibitions of aggression and ... More


The New Challenges and the Role of the International Court of Justice: Speech given at the Sixth Symposium of International Humanitarian Law

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0021
Subject:
Law, Public International Law

In the past fifteen years, international tribunals have contributed immensely to the development of humanitarian law. At the same time, there has been a tangible increase in the number of cases ... More


Two Governments, One State: Recognition Contests and the Use of Force

Brad R. Roth

in Governmental Illegitimacy in International Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780199243013
eISBN:
9780191697210
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243013.003.0007
Subject:
Law, Public International Law

This chapter examines the relationship between U.N. delegation credentials and legal recognition, summarizing the substance of the major collective recognition controversies that have occurred in the ... More


Humanitarian Instruments as Customary Law

Theodor Meron

in Human Rights and Humanitarian Norms as Customary Law

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198257455
eISBN:
9780191681769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257455.003.0002
Subject:
Law, Public International Law

This chapter considers the important aspects of the question of reservations to humanitarian and human rights instruments and then considers certain aspects of the Nicaragua Judgment that implicate ... More


The International Court of Justice and the Use of Force

Gray Christine

in The Development of International Law by the International Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199653218
eISBN:
9780191747922
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653218.003.0011
Subject:
Law, Public International Law, Legal Profession and Ethics

This chapter examines the ICJ's contribution to the development of the law on the use of force. It considers the Corfu Channel case, in which the UK brought an action against Albania for the damage ... More


Negotiating the First Bilateral Investment Treaties: After the Truman Years

Kenneth J. Vandevelde

in The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190679576
eISBN:
9780190679606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190679576.003.0008
Subject:
Law, Public International Law, Legal History

The FCN treaty policy developed by the Roosevelt and Truman administrations was maintained by the Eisenhower, Kennedy, and Johnson administrations, all of which continued to conclude FCN treaties. ... More


State Responsibility in Respect of International Wrongful Acts of Third Persons: The Theory of Control*

Rafael Nieto-Navia

in THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE: Global Trends: Law, Policy & Justice Essays in Honour of Professor Giuliana Ziccardi Capaldo

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199332304
eISBN:
9780190259815
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199332304.003.0023
Subject:
Law, Public International Law

This chapter considers the jurisprudence of the International Court of Justice (ICJ) in the Nicaragua case and the Srebenica case and that of the International Criminal Tribunal for the former ... More


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