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Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

Marko Milanovic

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199696208
eISBN:
9780191729805
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696208.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and ... More


Host Territories—Self-Determination Units

Ralph Wilde

in International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199274321
eISBN:
9780191706486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274321.003.0005
Subject:
Law, Public International Law

This is the second of two chapters establishing the legal status of those territories where ITA projects have occurred, covering (mostly non-state) territories where the international legal right to ... More


Colonialism and Trusteeship Redux? Imperial Connections, Historical Evolution, and Legitimation in the ‘Post-Colonial’ Era

Ralph Wilde

in International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199274321
eISBN:
9780191706486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274321.003.0008
Subject:
Law, Public International Law

Are colonialism and trusteeship ‘back’, albeit in some modified form, with ITA? To what extent do contemporary ITA missions mirror their colonial precursors? What normative distinction subsists ... More


The Pitcairn Prosecutions: An Assessment of Their Historical Context by Reference to the Provisions of Public International Law

Dino Kritsiotis and A. W. B. Simpson

in Justice, Legality and the Rule of Law: Lessons from the Pitcairn Prosecutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568666
eISBN:
9780191721595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568666.003.0005
Subject:
Law, Public International Law

This chapter begins with an assessment of the basis or bases for the assertion of jurisdiction by the United Kingdom over Pitcairn Island as understood in public international law. It does so by a ... More


Transnational Legality: Stateless Law and International Arbitration

Thomas Schultz

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199641956
eISBN:
9780191747793
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641956.001.0001
Subject:
Law, Public International Law, Philosophy of Law

What should we call law when it is not the law of one or several states? Does it actually matter what we call law? How can we take into account the consequences of calling something law when we shape ... More


Non-Self-Governing Territories: the Law and Practice of Decolonization

JAMES CRAWFORD

in The Creation of States in International Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199228423
eISBN:
9780191714375
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228423.003.0014
Subject:
Law, Public International Law

Before 1945, there was very little general international concern with colonial issues, and still less with the progress of colonised peoples to self-government. At the San Francisco Conference, ... More


Fact as Non-Law and the Limits on its Relevance

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0006
Subject:
Law, Public International Law

This chapter is the first ever comprehensive examination of how fact and law relate to each other in international law. After the critique of doctrinal approaches, the analysis examines how facts ... More


The Idea of International Territorial Sovereignty

Ralph Wilde

in International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199274321
eISBN:
9780191706486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274321.003.0003
Subject:
Law, Public International Law

This chapter considers the first and only other theory of the purposes associated with international territorial administration: Meir Ydit's Internationalized Territories thesis. Ydit argued that ITA ... More


Deterritorialization in International Law: Moving Away from the Divide Between National and International Law

Catherine Brölmann

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0005
Subject:
Law, Public International Law

This chapter examines how the process of deterritorialization of international law, in which territoriality increasingly gives way to functionality as a dominant organizing principle, affects the ... More


Self-Determination, Human Rights, and the Attribution of Territory

Malcolm N Shaw

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0038
Subject:
Law, Public International Law

The question of title to territory in international law represents a nuanced relationship between land, people, and the international community or, to put it another way, between the rights of the ... More


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