Jump to ContentJump to Main Navigation

You are looking at 1-10 of 17 items for:

  • Keywords: jus cogens x
  • Human Rights and Immigration x
Clear All Modify Search

View:

The Metamorphosis of Jus Cogens: From an Institution of Treaty Law to the Bedrock of the International Legal Order?

Karl Zemanek

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0023
Subject:
Law, Public International Law, Human Rights and Immigration

When the Vienna Convention on the Law of Treaties confirmed the existence of peremptory norms of international law (jus cogens) they were conceived, like Roman jus publicum, as absolute law that ... More


The Law of Treaties Beyond the Vienna Convention

Enzo Cannizzaro (ed.)

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book offers an analysis of the law of treaties as it emerges from the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. It revisits the basic ... More


A Higher Law for Treaties?

Enzo Cannizzaro

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0025
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter deals with the notion of conflict between treaties and jus cogens. It suggests that the classical notion of conflict — conceived of as the impossibility to apply two mutually exclusive ... More


State Immunity

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0008
Subject:
Law, Human Rights and Immigration

This chapter evaluates the Court's references to international State immunity law in Al-Adsani v. United Kingdom, Fogarty v. United Kingdom, and McElhinney v Ireland. The three cases concerned a very ... More


Impact on the Structure of International Obligations

Sandesh Sivakumaran

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/9780199565221.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter assesses the extent to which international human rights law has impacted upon the structure of international obligations, focusing on obligations erga omnes and jus cogens norms. It ... More


Law Enforcement and the Non-Conventional Human Right to Life

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the question of whether the conventional right to life has become part of general international law and, if so, whether it may be derogated from under the rules of general ... More


The Distinction between Jus Cogens and Obligations Erga Omnes

Paolo Picone

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0024
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter demonstrates the necessary distinction between the two concepts in question, taking into consideration their different historical origins, their effects, and the reciprocal fields of ... More


The Overcoming of Obstacles to Direct Access to Justice

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0011
Subject:
Law, Human Rights and Immigration

International human rights tribunals, such as the Inter-American and the European Courts of Human Rights, have in recent years been engaged in overcoming obstacles to the individual's direct access ... More


Characteristics of International Human Rights Law

ANDREW CLAPHAM

in Human Rights Obligations of Non-State Actors

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199288465
eISBN:
9780191707681
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288465.003.0004
Subject:
Law, Human Rights and Immigration

This chapter introduces the concepts of customary international law, treaty obligations, international crimes, jus cogens, erga omnes obligations, universal standards, and types of hybrid obligation. ... More


Invalidity of Treaties: Anything New in/under the Vienna Conventions?

Joe Verhoeven

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0018
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses the alleged customary character of the grounds of invalidity as provided for in articles 46–53 of the Vienna Convention. It considers both merits and deficiencies. It asks: What ... More


View: