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Introduction

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0001
Subject:
Law, Public International Law, EU Law

This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ ... More


The WTO Dispute Settlement System

Isabelle Van Damme

in Treaty Interpretation by the WTO Appellate Body

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562237
eISBN:
9780191705588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562237.003.0001
Subject:
Law, Public International Law

This chapter sketches relevant features of the subject of analysis: the WTO dispute settlement system. This book on treaty interpretation by the WTO Appellate Body is essentially concerned with how ... More


National Suppression of Core Crimes

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/9780199238453.003.0002
Subject:
Law, Public International Law

This chapter analyses the national suppression of genocide, crimes against humanity, and war crimes prior to and independent of the Rome Statute. International law clearly envisages national criminal ... More


Jurisdiction ratione personae and Applicable Law

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0018
Subject:
Law, Human Rights and Immigration

The statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia do not explicitly specify the body of law according to which they are to determine the scope and definitions of those forms ... More


Human Rights and International Investment Arbitration

Reiner Clara and Schreuer Christoph

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses the role of human rights in international investment arbitration, focusing on issues such as jurisdiction, applicable law, and invocation of human rights during proceedings. It ... More


Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law

Andrea Atteritano

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0024
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter deals with tort liability of private military and security companies (PMSCs), addressing issues concerning the competent jurisdiction and the applicable law. It discusses the ... More


Whose Law is to be Applied under the Rome Regulations?

Richard Plender

in From Single Market to Economic Union: Essays in Memory of John A. Usher

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199695706
eISBN:
9780191741302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199695706.003.0020
Subject:
Law, EU Law

The Rome Convention, now re-enacted in two Regulations, built on the basis of the Brussels Convention by establishing common rules to govern the choice of law in disputes of a contractual and of a ... More


Applicable Law, Extraterritoriality, and Transborder Data Flows

Christopher Kuner

in Transborder Data Flows and Data Privacy Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199674619
eISBN:
9780191758898
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674619.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

Regulation of transborder data flows often functions as a kind of conflict of laws regime that seeks to apply the forum’s law to data processed abroad, with the applicable law attaching to data and ... More


Enforcement of Sentences

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0030
Subject:
Law, Human Rights and Immigration

Once an accused has been sentenced and has exhausted all possibility of appeal, he will serve his sentence in one of the countries that have signed an agreement to that effect with the ad hoc ... More


Analysing International Territorial Administration

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/9780199274321.003.0009
Subject:
Law, Public International Law

This chapter reviews the establishment of ITA as a ‘policy institution’ and an internationalized manifestation of the ‘trusteeship’ concept in international law and public policy — and considers how ... More


Concurrence

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0009
Subject:
Law, Law of Obligations

One action by the defendant may infringe more than one right of the claimant. Concurrent liability raises issues in relation to a number of rules, in particular limitation, interest, jurisdiction, ... More


Applicable Law: , , and the Legacy of the Un Compensation Commisson

Veijo Heiskanen and Nicolas Leroux

in War Reparations and the UN Compensation Commission: Designing Compensation After Conflict

Published in print:
2015
Published Online:
April 2015
ISBN:
9780199389735
eISBN:
9780199389759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199389735.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

The legal foundation of the UNCC is resolution 687 (1991), in which the Security Council reaffirmed Iraq’s liability for its unlawful invasion and occupation of Iraq. This chapter explores the legal ... More


Introduction

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0001
Subject:
Law, Public International Law

This chapter examines the applicable law in an investment dispute by analysing article 38 (1) of the ICJ Statute, referring to general international law, and article 42 of the ICISD Convention, more ... More


Revisiting the Sources of Applicable Law before the ICC

Alain Pellet

in Arcs of Global Justice: Essays in Honour of William A. Schabas

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190272654
eISBN:
9780190272685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190272654.003.0013
Subject:
Law, Public International Law, Criminal Law and Criminology

Article 21 of the Rome Statute sets out a complex system of sources of applicable law. In addition to the Statute itself, which contains a relatively detailed list of crimes, Articles 21 includes the ... More


Commercial Agency and the Conflict of Laws—What Place for Party Autonomy?

Janeen Carruthers

in Agency Law in Commercial Practice

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198738473
eISBN:
9780191821233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738473.003.0013
Subject:
Law, Company and Commercial Law

The chapter focuses on commercial agency and choice of law. It addresses the tension between the exercise of party autonomy, favoured principle of private international law, and the impact of EU law ... More


The International Court of Justice and Private International Law Thoughts The Lalive Lecture Series 9 July 2007

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/9780198262350.003.0103
Subject:
Law, Public International Law

What is the essence of private international law? Typically referred to as constituting ‘the essence’ are topics related to: jurisdiction to hear and determine a case; the applicable law; the ... More


The Foundations of International Investment Law: Bringing Theory into Practice

Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales (eds)

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.001.0001
Subject:
Law, Company and Commercial Law, Public International Law

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral ... More


Foreign Law before the French Courts: A Unique Procedural Treatment

Bénédicte Fauvarque-Cosson

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0004
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter discusses French law’s approach to foreign law. It addresses the following questions: should the French choice of law rule be applied ex officio? When the choice of law rule designates a ... More


International Commercial Arbitration and Investment Treaty Arbitration: Analogies and Differences

Piero Bernardini

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0004
Subject:
Law, Public International Law, Company and Commercial Law

This chapter reflects on whether international arbitration can be analysed as part of one overarching framework or whether it is better seen in a more differentiated fashion. Addressing the basic ... More


Enforcement of Employment Rights by Migrant Workers in the UK: The Case of EU-8 Nationals

Catherine Barnard

in Migrants at Work: Immigration and Vulnerability in Labour Law

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714101
eISBN:
9780191782657
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714101.003.0011
Subject:
Law, Human Rights and Immigration, Employment Law

This chapter examines the law applicable to migrant workers’ contracts, demonstrating that normally British labour law will apply to migrant workers in the UK, but not invariably so. The chapter ... More


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