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The Worldwide Movement

Aryeh Neier

in The International Human Rights Movement: A History

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691135151
eISBN:
9781400841875
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691135151.003.0010
Subject:
Sociology, Migration Studies (including Refugee Studies)

This chapter explores thousands of other organizations, aside from Amnesty International and Human Rights Watch, that are also active in the human rights movement. Many of them make distinctive ... More


The Concept of Abuse in the Freedom of Establishment of Companies: a Case of Double Standards?

Vanessa Edwards and Paul Farmer

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0012
Subject:
Law, EU Law

Abuse of rights is a doctrine known to many legal systems. Its status varies. In Community law, it appears to serve as a principle of construction. Provisions of Community primary or secondary law ... More


Abuse of Rights

MICHAEL TAGGART

in Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199256877
eISBN:
9780191719646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256877.003.0007
Subject:
Law, Human Rights and Immigration, Legal History

For more than a century, the dispute between Edward Pickles and Bradford over water supply has been accepted as slamming the common law door shut on the civil law doctrine of abuse of rights. ... More


The Tests of Intent

Renato Nazzini

in The Foundations of European Union Competition Law: The Objective and Principles of Article 102

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199226153
eISBN:
9780191730856
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226153.003.0006
Subject:
Law, EU Law, Competition Law

This chapter discusses the naked abuse test in EU law and then examines the role that intent plays as an element of the test in predation, abuse of rights, and tying. The relevance of evidence of ... More


Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply

Michael Taggart

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199256877
eISBN:
9780191719646
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256877.001.0001
Subject:
Law, Human Rights and Immigration, Legal History

The case of The Mayor, Aldermen and Burgesses of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner — in this case, Edward Pickles ... More


Objections on Grounds of an Abuse of Rights or Abuse of Process

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0008
Subject:
Law, Public International Law

Respondent States have increasingly invoked the abuse of rights or abuse of process doctrine in order to contest the validity of a corporate (re)structuring, and arbitral tribunals were thus called ... More


The Role of the Principle of Good Faith in Treaty Shopping

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0010
Subject:
Law, Public International Law

As Chapter 9 submits, the (public international law) principle of good faith is key to understanding the distinction between ‘legitimate nationality planning’ and ‘abusive treaty shopping’. Yet, the ... More


Flexible Jurisdiction-regulating Rules

Yuval Shany

in Regulating Jurisdictional Relations Between National and International Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211791
eISBN:
9780191706035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211791.003.0007
Subject:
Law, Public International Law

This chapter discusses the application of two general principles that may regulate the jurisdictional relations of national and international courts: comity and abuse of right (abus de droit). It ... More


Strange Gods in the Twenty-First Century: the Doctrine of Aemulatio Vicini

Elspeth Reid

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0011
Subject:
Law, Legal History

Smith's inaugural lecture as Professor of Civil Law at the University of Edinburgh in 1958 set out the manifesto for Smith's comparative law. The lecture took as its starting point the conceptual ... More


France

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/9780199227679.003.0003
Subject:
Law, EU Law

In France, tort law is characterised by its broad general principles and its general lack of detail. The rule of strict liability has been developed by the Cour de cassation, which also developed a ... More


The Combined Effect of Copyright and Restrictive Licensing Provisions

Noam Shemtov

in Beyond the Code: Protection of Non-Textual Features of Software

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198716792
eISBN:
9780191848377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716792.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the combined effects of copyright and restrictive licensing provisions on the use of software and software products. It begins by discussing the effect that copyright law, in ... More


Conclusions

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0011
Subject:
Law, Public International Law

Wrapping up the book and summarizing the main findings of the preceding chapters, the conclusions recall that a single, ‘catch-all’ answer to the question set out at the beginning of the book remains ... More


Introductory Note: The International Tribunal for the Law of the Sea in 2013

Tullio Treves

in The Global Community Yearbook of International Law and Jurisprudence 2014: Volume I

Published in print:
2015
Published Online:
October 2015
ISBN:
9780190270513
eISBN:
9780190271909
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190270513.003.0016
Subject:
Law, Public International Law

During 2013 the International Tribunal for the Law of the Sea handed out a judgment on the merits concerning the M/V Louisa (Saint Vincent and the Grenadines v. Spain) case (28 May) deciding that the ... More


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