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Economic Emergency Powers: A Comparative Law Perspective

Christina Binder and August Reinisch

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/9780199589104.003.0016
Subject:
Law, Constitutional and Administrative Law, Public International Law

The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified ... More


Fresh problems

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.006
Subject:
Law, Philosophy of Law

This chapter argues how the problems of continuity and identity, declared unsolved by Raz, are fundamentally altered. The old conceptions of the problems are thoroughly state-, official-, system-, ... More


Scaling Justice: India's Supreme Court, Social Rights, and Civil Liberties

Shylashri Shankar

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195693201
eISBN:
9780199081998
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195693201.001.0001
Subject:
Law, Human Rights and Immigration

Most experts agree that India's Supreme Court and lower courts' pro-active behaviour on social rights can be traced back to the immediate post-Emergency era. Post-Emergency, judges have become ... More


THE ECONOMIC EMERGENCY DEFENCE IN BILATERAL INVESTMENT TREATIES: A DEVELOPMENT PERSPECTIVE

Asif H. Qureshi

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0033
Subject:
Law, Public International Law, Private International Law

The existence of a national security escape clause in bilateral investment treaties (BITs) has given rise in investment arbitration to a number of concerns in terms of its scope, process of review, ... More


Emergencies

DAVID CLARK and GERARD McCOY

in The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198265849
eISBN:
9780191715280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265849.003.0004
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines the situations in which emergency laws are invoked and the reduced scope for habeas corpus during those situations. It considers emergencies that are not necessarily called ... More


Three Types of Normativity

Alexander Somek

in Individualism: An Essay on the Authority of the European Union

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542086
eISBN:
9780191715518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542086.003.0011
Subject:
Law, Philosophy of Law, EU Law

This chapter explains why the interpretations of Articles 17 and 95 EC Treaty cannot be understood as straightforward expositions of law — not, at any rate, from the perspective of ordinary ... More


The Human Right to Non-discrimination

Moeckli Daniel

in Human Rights and Non-discrimination in the 'War on Terror'

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199239801
eISBN:
9780191716829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239801.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter first sets out the sources of the right to equality and non-discrimination in international, regional, and national law. It then analyses the different tests used by international human ... More


Conclusion: The Wider Impacts of Discriminatory Anti-terrorism Measures

Moeckli Daniel

in Human Rights and Non-discrimination in the 'War on Terror'

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199239801
eISBN:
9780191716829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239801.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the wider impacts of anti-terrorism measures that involve distinctions according to criteria such as citizenship, nationality, ‘race’, national or ethnic origin, and religion. ... More


Testamentary Formalities in Germany

Reinhard Zimmermann

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0008
Subject:
Law, Company and Commercial Law

This chapter traces the history of the ordinary as well as extra-ordinary will types in German law. It commences with an analysis of private wills in 19th-century Germany and relates the debates ... More


Testamentary Formalities in Poland

Fryderyk Zoll

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0011
Subject:
Law, Company and Commercial Law

This chapter begins with a review of the historical development of testamentary formalities in Poland. It then discusses modern law, holograph wills, notarial wills, allograph wills, emergency wills, ... More


The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth

David Clark and Gerard McCoy

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198265849
eISBN:
9780191715280
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265849.001.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This book on habeas corpus throughout the Commonwealth explores the theme of the fortunes of the writ and the conditions under which it has either flourished or waned. Drawing upon a wide range of ... More


The Insecurity State

Peter Ramsay

in The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199581061
eISBN:
9780191741005
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199581061.003.0011
Subject:
Law, Criminal Law and Criminology

This chapter argues that the substantive law that protects the right to security has the character of emergency power that takes a normalized form. It critiques the theory of the normalization of the ... More


Energy Security and Conflict with Other Values: The Case of Germany

Gunther Kühne

in Energy Security: Managing Risk in a Dynamic Legal and Regulatory Environment

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199271610
eISBN:
9780191709289
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271610.003.0013
Subject:
Law, Environmental and Energy Law

This chapter demonstrates that in Germany there exists a relatively dense complex of rules and regulations designed to ensure security of energy supply. It notes that this relates to both aspects of ... More


Liability in Emergency Cases

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0017
Subject:
Law, EU Law

An extraordinary category concerns the liability in cases of emergency. This chapter examines whether someone can be liable for damage he causes (or rather did not prevent from happening) for failing ... More


Emergencies and Derogations

A. W. BRIAN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0017
Subject:
Law, Human Rights and Immigration, EU Law

This chapter deals more fully with the colonial emergencies and insurrections which accompanied the winding down of the colonial empire, of the mechanisms of repression which were used to combat ... More


Coming In, Rather Reluctantly, From the Cold

A. W. BRAIN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0020
Subject:
Law, Human Rights and Immigration, EU Law

This chapter gives an account of the reappraisal of the convention which followed the Cyprus cases, and the problems it caused for UK colonial office. It describes the later derogations and the use ... More


Habeas Corpus, Fundamental Rights, and the Executive

Judith Farbey, R. J. Sharpe, and Simon Atrill

in The Law of Habeas Corpus

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199248247
eISBN:
9780191725241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248247.003.0004
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter examines the use of habeas corpus where the liberty of the subject is restrained on account of an order made by the executive branch of government. The central issue is the extent to ... More


Martial Law

DAVID CLARK and GERARD McCOY

in The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198265849
eISBN:
9780191715280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265849.003.0003
Subject:
Law, Human Rights and Immigration, Philosophy of Law

In some jurisdictions, the courts have introduced new distinctions that permit the remedy of habeas corpus to coexist in a martial law environment. The traditional notion is that martial law is a ... More


Filling the Void: Democratic Deliberation and the Legitimization of Extra-Legal Action

Clement Fatovic

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0008
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter argues that deliberation can and should be used to assess the expediency and the legitimacy of all emergency measures, legal or extra-legal. Deliberation provides the only way to ... More


The Mechanisms of Repression

A. W. BRAIN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0002
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines the legal mechanisms which were available, both at home and in the colonial empire, to deal with insurrection and civil disorder. These were the suspension of habeas corpus, the ... More


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