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The Role of National Courts in Inducing Compliance with International and European Law—A Comparison

André Nollkaemper

in Compliance and the Enforcement of EU Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644735
eISBN:
9780191740695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644735.003.0006
Subject:
Law, EU Law, Public International Law

This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, ... More


State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests

Irmgard Marboe

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0012
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter compares the concepts of State responsibility under international law and State liability for economic harm suffered by private persons. It contains a comparison of the rules on State ... More


Judicial Creativity at the International Criminal Tribunals

Shane Darcy and Joseph Powderly (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

As the International Criminal Tribunals for the former Yugoslavia and Rwanda enter the final phase of their work, it is an appropriate time to reflect on the significant contribution that these ... More


Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View

Anne van Aaken

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0023
Subject:
Law, Constitutional and Administrative Law, Public International Law

International investment law creates an international level of review for (illegal) national regulations and laws and the conduct of administrative entities for foreign investors. It is state ... More


Omission Liability at the International Criminal Tribunals—A Case for Reform

Gideon Boas

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the development of aiding and abetting by omission as a form of individual criminal responsibility by the ad hoc Tribunals. In a critical analysis of the existing case law, it ... More


The Relevance of Non-Investment Treaty Obligations in Assessing Compensation

Lahra Liberti

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0023
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores whether and to what extent a measure adopted by the State in the furtherance of international obligations other than those provided for in the investment treaty bears any ... More


History and Definitions

Elisa Morgera

in Corporate Accountability in International Environmental Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199558018
eISBN:
9780191705311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558018.003.0002
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter introduces the basic concepts and background references for the study. It illustrates the increasing attention of the international community at major global conferences to corporate ... More


The Shortcomings of Traditional Legal Solutions

Elisa Morgera

in Corporate Accountability in International Environmental Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199558018
eISBN:
9780191705311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558018.003.0003
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter provides the necessary theoretical justification to the study. It highlights the shortcomings of traditional legal solutions to ensure the environmentally sound conduct of private ... More


The Evolution of the Law of Command Responsibility and the Principle of Legality

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0001
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter discusses the birth and development of the doctrine of superior responsibility and the part which war crimes tribunals have played in developing and defining that doctrine.


Command Responsibility as a Sui Generis Form of Liability for Omission

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0004
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter outlines the discussion surrounding the debate over the nature of the doctrine of superior responsibility as a form of criminal liability. It argues that command or superior ... More


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