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Complementarity as a Legal Principle and as Criteria for Admissibility

Jann K. Kleffner

in Complementarity in the Rome Statute and National Criminal Jurisdictions

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199238453
eISBN:
9780191716744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238453.003.0004
Subject:
Law, Public International Law

This chapter addresses the substantive provisions: the Preamble and Article 1, which introduce complementarity as a general principle, and Articles 17 and 20 (3), which translate that principle into ... More


Exceptions to the Freedom Exclusively Applicable to Third Country Contexts

Steffen Hindelang

in The Free Movement of Capital and Foreign Direct Investment: The Scope of Protection in EU Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199572656
eISBN:
9780191705540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572656.003.0008
Subject:
Law, EU Law

This chapter addresses the exceptions that apply exclusively to third country direct investment, i.e., Article 57 (1) EC, Article 59 EC, and Article 60 EC. Article 57 (1) EC contains a grandfathering ... More


Which Level of Protection?—The Scope of the Prohibition of Restriction: Equal Treatment and Market Access

Steffen Hindelang

in The Free Movement of Capital and Foreign Direct Investment: The Scope of Protection in EU Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199572656
eISBN:
9780191705540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572656.003.0005
Subject:
Law, EU Law

This chapter maps the scope of the ‘prohibition of restriction’ enshrined in Article 56 (1) EC — falling into two tests, the non-hindrance and the non-discrimination tests — in both intra-Community ... More


The Extent to which Peacekeeping and other Multi-national Forces have a General ‘Responsibility to Protect’ under International Humanitarian Law

Siobhán Wills

in Protecting Civilians: The Obligations of Peacekeepers

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199533879
eISBN:
9780191714801
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533879.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the extent to which international humanitarian law (IHL) may be applicable to peacekeeping forces, and the extent to which this encompasses positive obligations that would ... More


RECENT CASE LAW ON THE PROTECTION OF PROPERTY IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Luzius Wildhaber and Isabelle Wildhaber

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/9780199571345.003.0035
Subject:
Law, Public International Law, Private International Law

The guarantee of the protection of property, contained in Article 1 of Additional Protocol No. 1, has become — after Article 6 ECHR — the second most frequently invoked guarantee of the Convention. ... More


Reconstructing and Reinforcing Islamism

Joseph Chinyong Liow

in Piety and Politics: Islamism in Contemporary Malaysia

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195377088
eISBN:
9780199869527
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377088.003.0004
Subject:
Religion, Islam

This chapter explores attempts to “reframe” Islamism in the 1990s by both PAS and UMNO by investigating the contours of the ongoing debate between PAS and UMNO, and within PAS itself, over the nature ... More


Limitations on Manifestations of Religion or Belief

Carolyn Evans

in Freedom of Religion under the European Convention on Human Rights

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199243648
eISBN:
9780191697272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243648.003.0007
Subject:
Law, Human Rights and Immigration

This chapter examines State implementation of Article 9(2) to balance out competing interests between individual freedom to manifest a religion or belief and the legitimate interests of the State in ... More


Competition Law

Julian Nowag

in Environmental Integration in Competition and Free-Movement Laws

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198753803
eISBN:
9780191815447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753803.003.0019
Subject:
Law, EU Law, Competition Law

This chapter shows that on competition law the second form of environmental integration can take place either under Article 101(1) TFEU’s European rule of reason and Article 101(3) TFEU, or under the ... More


The Right to Manifest a Religion or Belief

Carolyn Evans

in Freedom of Religion under the European Convention on Human Rights

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199243648
eISBN:
9780191697272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243648.003.0006
Subject:
Law, Human Rights and Immigration

This chapter concentrates on the application of the right to manifest freedom of religion or belief — an essential protection for freedom of religion or belief stipulated in Article 9(1) under the ... More


Deportations

David Kretzmer and Yaël Ronen

in The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories

Published in print:
2021
Published Online:
March 2021
ISBN:
9780190696023
eISBN:
9780190696054
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190696023.003.0019
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses the Court’s decisions in petitions challenging deportation of Palestinians from the Occupied Territories. The discussion includes the Court’s decision on the mass deportation ... More


State Aid Law

Julian Nowag

in Environmental Integration in Competition and Free-Movement Laws

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198753803
eISBN:
9780191815447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753803.003.0017
Subject:
Law, EU Law, Competition Law

This chapter examines the second form of environmental integration in the context of the exceptions and exemptions under Article 107(3) TFEU and the potential rule of reason under Article 107(1) ... More


State Aid Law

Julian Nowag

in Environmental Integration in Competition and Free-Movement Laws

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198753803
eISBN:
9780191815447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753803.003.0006
Subject:
Law, EU Law, Competition Law

This chapter shows that the first form of integration is possible under Article 107 TFEU although only to a very limited extent, specifically under Article 107(1) and 107(2) TFEU. Article 107(1) is ... More


The Place of International Law in the Settlement of Disputes by the Security Council*

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0012
Subject:
Law, Public International Law

The place of international law in dispute settlement by the United Nations (UN) Security Council is a topic which has already occasioned debate. Many lawyers contend that law plays a minimal role in ... More


Constitutional Interpretation by the Judiciary: Right to Know Inherent in Article 19 (1) (a)

Himanshu Jha

in Capturing Institutional Change: The Case of the Right to Information Act in India

Published in print:
2021
Published Online:
November 2020
ISBN:
9780190124786
eISBN:
9780190991234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190124786.003.0004
Subject:
Political Science, Indian Politics, Asian Politics

This chapter traces the trajectory of ideas that emanated from the judiciary since the early 1950s. The ideational movement within the judiciary coincides with the first two phases. This chapter ... More


Freedom of Religion under the European Convention on Human Rights

Carolyn Evans

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199243648
eISBN:
9780191697272
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243648.001.0001
Subject:
Law, Human Rights and Immigration

Freedom of religion and belief is one of the central rights set out in international human rights treaties and yet it has also been one of the most controversial. While it is generally agreed that ... More


Access to the Refugee Convention for Stateless Persons

Michelle Foster and Hélène Lambert

in International Refugee Law and the Protection of Stateless Persons

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198796015
eISBN:
9780191837197
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796015.003.0004
Subject:
Law, Public International Law

Chapter 4 discusses preliminary issues relating to access to refugee status for stateless persons. It begins by considering the fundamental question of whether stateless persons should be protected ... More


The Scope of Regulatory Autonomy of WTO Members under Article III:4 of the GATT: A Critical Analysis of the Jurisprudence of the WTO Appellate Body

Frieder Roessler

in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198778257
eISBN:
9780191823763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778257.003.0004
Subject:
Law, Public International Law

The WTO Appellate Body has ruled that products are ‘like products’ within the meaning of Article III:4 of the GATT if they directly compete in the market and that an imported product is accorded ... More


Competition Law

Julian Nowag

in Environmental Integration in Competition and Free-Movement Laws

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198753803
eISBN:
9780191815447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753803.003.0021
Subject:
Law, EU Law, Competition Law

In the context of competition law the second form of preventative integration, balancing to prevent environmental degradation, might be seen as possible under Article 101(1) TFEU’s rule of reason, or ... More


State Aid Law

Julian Nowag

in Environmental Integration in Competition and Free-Movement Laws

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198753803
eISBN:
9780191815447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753803.003.0011
Subject:
Law, EU Law, Competition Law

This chapter shows that preventative integration occurs neither within the current framework of Article 107(1) TFEU nor in the context of Article 107(2) and (3) TFEU. It is shown that the ... More


Who is the Citizen of the Union?

Stephen Weatherill

in Law and Values in the European Union

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199557264
eISBN:
9780191828768
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557264.003.0007
Subject:
Law, EU Law

This chapter illustrates that each national of a Member State shall be a Citizen of the Union (Articles 9 TEU and 20(1) TFEU). Citizenship of a modern European State comes with a range of ... More


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