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International Society—Consent and Custom as Sources of Law

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0002
Subject:
Political Science, International Relations and Politics

This chapter examines why legal positivism emphasises the importance of sovereign consent and relates it to the pluralist conception of international society introduced in the previous chapter. This ... More


Insurance and the Law of Obligations

Rob Merkin and Jenny Steele

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199645749
eISBN:
9780191747823
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199645749.001.0001
Subject:
Law, Law of Obligations

Aims to fill a significant gap in the general understanding of the law of obligations, by focusing on the place of insurance within it. Argues that the majority of academic obligations lawyers have ... More


Corporations and Human Rights

ANDREW CLAPHAM

in Human Rights Obligations of Non-State Actors

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199288465
eISBN:
9780191707681
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288465.003.0007
Subject:
Law, Human Rights and Immigration

This chapter discusses various regimes that seek to cover the human rights obligations of corporations: the OECD Guidelines, the ILO Tripartite Declaration, the UN Global Compact, the Norms of the ... More


American Courts, Global Norms

Martin S. Flaherty

in Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs

Published in print:
2019
Published Online:
May 2020
ISBN:
9780691179124
eISBN:
9780691186122
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691179124.003.0011
Subject:
Political Science, International Relations and Politics

This chapter considers a phenomenon that has consistently been among the most contentious of modern legal controversies—the application by American courts of international human rights. Recent years ... More


Representation, Reproduction and Intention

Christopher Hutton

in Language, Meaning and the Law

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748633500
eISBN:
9780748671489
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633500.003.0007
Subject:
Linguistics, Applied Linguistics and Pedagogy

This chapter looks at legal dilemmas in relation to representation, and the question of how and whether law is concerned with the intention of the person producing or circulating an image. It looks ... More


In the end Is the Beginning

Richard S. Newman

in Love Canal: A Toxic History from Colonial Times to the Present

Published in print:
2016
Published Online:
November 2020
ISBN:
9780195374834
eISBN:
9780197562673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195374834.003.0017
Subject:
Environmental Science, Pollution and Threats to the Environment

As yet another summer approached with little prospect of change, Love Canal residents took more risks to get out of their toxic environment. On May 19, ... More


The Human Dimension in Twenty-first Century Energy and Natural Resources Development: The New Law of ‘Public Rights’ in Private Development in the United States

Celia Campbell-Mohn

in Human Rights in Natural Resource Development: Public Participation in the Sustainable Development of Mining and Energy Resources

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199253784
eISBN:
9780191698163
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253784.003.0008
Subject:
Law, Human Rights and Immigration

This chapter addresses different methods of citizen participation in energy and natural resource projects. It traces the life of the project from siting on public lands, private lands, and tribal and ... More


Allocation of Risk and Tort Law

Rob Merkin and Jenny Steele

in Insurance and the Law of Obligations

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199645749
eISBN:
9780191747823
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199645749.003.0008
Subject:
Law, Law of Obligations

Turns from contract to tort, exploring the significance of insurance in determining the existence and ambit of tort duties. Explains the perceived differences between contract and tort duties and ... More


Offshoring Experiments, Outsourcing Public Health: Corporate Accountability and State Responsibility for Violating the International Prohibition on Nonconsensual Human Experimentation

Bethany Spielman

in The Globalization of Health Care: Legal and Ethical Issues

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199917907
eISBN:
9780199332878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917907.003.0016
Subject:
Law, Medical Law

This chapter uses the Kano, Nigeria, pediatric trials of the oral antibiotic Trovan and the litigation it produced to explore the remedies available to individuals suing U.S.-based multinational ... More


Meandering Jurisprudence and Unanticipated Legacies: The ICTY’s Reach into Domestic Civil Litigation

Mark Drumbl

in Legacies of the International Criminal Tribunal for the Former Yugoslavia: A Multidisciplinary Approach

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198862956
eISBN:
9780191895531
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198862956.003.0009
Subject:
Law, Public International Law

Assessments of the International Criminal Tribunal for the former Yugoslavia’s (ICTY) jurisprudential legacy tend to focus on the ICTY’s relationships with domestic criminal law. This chapter turns a ... More


Tortured Prosecutions: Holding Private Military Contractors Accountable

Garrett Ordower

in Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226529387
eISBN:
9780226529554
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226529554.003.0015
Subject:
Law, Human Rights and Immigration

This chapter argues that the vast increase in the U.S. use of military contractors to fight the War on Terror has created the potential for illegality and abuse by U.S. military contractors but ... More


The Impact of the War Crimes Tribunals on Corporate Liability for Atrocity Crimes under US Law

David Scheffer

in Corporate Social Responsibility?: Human Rights in the New Global Economy

Published in print:
2015
Published Online:
January 2016
ISBN:
9780226244273
eISBN:
9780226244440
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226244440.003.0007
Subject:
Anthropology, Anthropology, Global

Federal courts resort to the jurisprudence of the international war crimes tribunals to interpret and enforce the Alien Tort Statute (ATS) against individuals and corporations. This practice ... More


Sanction and Socialize: Military Command Responsibility and Corporate Accountability for Atrocities

Scott A. Gilmore

in Corporate Social Responsibility?: Human Rights in the New Global Economy

Published in print:
2015
Published Online:
January 2016
ISBN:
9780226244273
eISBN:
9780226244440
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226244440.003.0008
Subject:
Anthropology, Anthropology, Global

The CSR movement faces a dilemma between the penal code of sanctions and the honor code of self-regulation. To escape this binary, this Chapter draws lessons from the laws of war. Mitigating the ... More


“In Violation of the Law of Nations”: The Romero Assassination Comes to the United States

Matt Eisenbrandt

in Assassination of a Saint: The Plot to Murder Óscar Romero and the Quest to Bring His Killers to Justice

Published in print:
2017
Published Online:
September 2017
ISBN:
9780520286795
eISBN:
9780520961890
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520286795.003.0002
Subject:
History, Latin American History

In 2001, a man working with the Center for Justice & Accountability (CJA) saw Alvaro Saravia in a lawyer’s office in San Francisco, California, and recognized him as one of Romero’s killers. CJA ... More


The trade unions and legal services

Kate Bradley

in Lawyers for the Poor: Legal Advice, Voluntary Action and Citizenship in England, 1890-1990

Published in print:
2019
Published Online:
May 2020
ISBN:
9781526136053
eISBN:
9781526150394
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526136077.00011
Subject:
History, Social History

Members of trade unions could also access legal advice and support through the mutual aid provision of their union. This emerged through the growth of tort law in the nineteenth century, and the ... More


International Law in Domestic Courts: ATS Litigation and Climate Change

in The Perils of Global Legalism

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226675749
eISBN:
9780226675923
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226675923.003.0009
Subject:
Law, Public International Law

For global legalists, the ideal dispute-resolution mechanism for international law violations is the international tribunal; but in practice, the most exciting international litigation is taking ... More


Law Governing Tort Conflicts

Symeon C. Symeonides

in Codifying Choice of Law Around the World: An International Comparative Analysis

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199360840
eISBN:
9780199377688
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199360840.003.0002
Subject:
Law, Private International Law, Comparative Law

This chapter focuses on choice of law in tort conflicts. The chapter documents that, although all but one codifications retain the old rule of lex loci delicti (applying the law of the place of the ... More


Actions on the case for deceit

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0020
Subject:
Law, Legal History

This chapter is concerned with the action on the case for deceit, chiefly in the context of false warranties made by sellers of goods. The availability of the action was at first contested on the ... More


International Law in the U.S. Legal System

Curtis A. Bradley

Published in print:
2015
Published Online:
April 2015
ISBN:
9780190217761
eISBN:
9780190217808
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190217761.001.0001
Subject:
Law, Private International Law, Comparative Law

This book provides an overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. The book ... More


Alien Tort Claims: Adjudicating Human Rights Abuses Abroad

John G. Dale

in Free Burma: Transnational Legal Action and Corporate Accountability

Published in print:
2011
Published Online:
August 2015
ISBN:
9780816646463
eISBN:
9781452945897
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816646463.003.0006
Subject:
Sociology, Social Movements and Social Change

This chapter focuses on the campaign to hold Unocal liable, within the U.S. jurisdiction, for various alleged human rights abuses committed by their business partners for the purpose of completing ... More


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