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The Law of Treaties

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/9780199592678.003.0002
Subject:
Law, Human Rights and Immigration

This chapter evaluates how the Strasbourg bodies have used Articles 31 and 32 of the Vienna Convention on the Law of Treaties. These provisions have recently resurfaced in the context of ... More


The Triple Dilemma of Human Dignity: A Case Study

Christoph Möllers

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0009
Subject:
Law, Human Rights and Immigration

In a case decided in 2008 (K.U. v. Finland - 2872/02), the European Court of Human Rights (ECtHR) was confronted with the case of a boy whose photo had been posted on the internet and used for a ... More


Supplementary Means of Interpretation

Luigi Sbolci

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/9780199588916.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

The Vienna Convention on the Law of Treaties of 1969 established a distinct hierarchy between the general rule of interpretation and supplementary means. Article 32 of the Convention subordinates the ... More


Cyber Operations and the Conduct of Hostilities

Marco Roscini

in Cyber Operations and the Use of Force in International Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199655014
eISBN:
9780191747991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199655014.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This Chapter investigates how the existing law on the conduct of hostilities applies to cyber operations. The analysis first focuses on whether cyber capabilities and operations are lawful means and ... More


Limits to Legislation

Michael Tugendhat

in Liberty Intact: Human Rights in English Law

Published in print:
2016
Published Online:
February 2017
ISBN:
9780198790990
eISBN:
9780191833403
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198790990.003.0014
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Parliament is a a permanent constitutional convention. Judges can judicially review all legislation that is not a statute. A codified constitution and a statute differ from human rights: they are ... More


The Dispensable Lives of Soldiers

Gabriella Blum

in Weighing Lives in War

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198796176
eISBN:
9780191837272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796176.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter challenges the status-based distinction of the laws of war, calling instead for revised targeting doctrines that would place further limits on the killing of enemy soldiers. The chapter ... More


The Unasked Question<sup>*</sup>

Rabeea Assy

in Injustice in Person: The Right to Self-Representation

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199687442
eISBN:
9780191767104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199687442.003.0002
Subject:
Law, Human Rights and Immigration

It is often said that the adversarial system is responsible for the failure of litigants in person to achieve justice, and that the system should therefore adjust to accommodate their needs. The ... More


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