Jump to ContentJump to Main Navigation

You are looking at 1-10 of 10 items

  • Keywords: circumstances precluding wrongfulness x
Clear All Modify Search

View:

Clarifying the Concept of Circumstances Precluding Wrongfulness (Justifications) in International Law

Federica Paddeu

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0011
Subject:
Law, Public International Law, Philosophy of Law

This chapter seeks to clarify the concept of circumstances precluding wrongfulness in international law which, according to Ian Brownlie, is a concept that ‘had never been properly worked out’ by the ... More


Measures adopted in response to international terrorism

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 5 analyses the implementation of State responsibility for international terrorism through the adoption of non-military measures aimed at securing a wrongdoing State’s compliance with its ... More


Defences in the Law of State ResponsibilityA View from Jurisprudence

Luís Duarte d’Almeida

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0010
Subject:
Law, Public International Law, Philosophy of Law

Ongoing discussions among international lawyers on defences in state responsibility have close analogies with debates in two other fields: debates in general legal theory on defeasibility in law, and ... More


The Compelling Law of Jus Cogens and Exceptions to Peremptory Norms: To Derogate or Not to Derogate, That Is the Question!

André de Hoogh

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0008
Subject:
Law, Public International Law, Philosophy of Law

In this chapter, the problematic of exceptions to peremptory norms is investigated in view of the defining feature of jus cogens rules as not admitting of derogation. This problematic appears ... More


Seven Ways of Escaping a Rule: Of Exceptions and Their Avatars in International Law

Jorge E. Viñuales

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0005
Subject:
Law, Public International Law, Philosophy of Law

The purpose of this chapter is, first, to identify seven legal techniques through which certain situations that could otherwise fall within the scope of a rule or a set of rules are excluded from it ... More


The Possibility of a Legal Dilemma

Valentin Jeutner

in Irresolvable Norm Conflicts in International Law: The Concept of a Legal Dilemma

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808374
eISBN:
9780191846090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808374.003.0003
Subject:
Law, Public International Law

The second part validates the stipulative definition of Part I by identifying those norm conflicts which contemporary international law cannot satisfactorily resolve. In doing so, this part answers ... More


Host State’s Defences against Conflict-Related Investment Claims

Jure Zrilič

in The Protection of Foreign Investment in Times of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198830375
eISBN:
9780191868634
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830375.003.0005
Subject:
Law, Public International Law

This chapter explores the defence tools that a host state can use against conflict-related investment claims. The first part analyses security exceptions which have been introduced to investment ... More


Fact as Non-Law and the Limits on its Relevance

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0006
Subject:
Law, Public International Law

This chapter is the first ever comprehensive examination of how fact and law relate to each other in international law. After the critique of doctrinal approaches, the analysis examines how facts ... More


Exceptions in International Law

Lorand Bartels and Federica Paddeu (eds)

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.001.0001
Subject:
Law, Public International Law, Philosophy of Law

In international law, as in every legal system, rules are invariably subject to exceptions. This book brings together experts in legal theory and international law to investigate this phenomenon from ... More


The Personal Inviolability of Diplomatic Agents in Emergency Situations

Paul Behrens

in Diplomatic Law in a New Millennium

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795940
eISBN:
9780191837128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795940.003.0006
Subject:
Law, Public International Law, Private International Law

Personal inviolability is one of the oldest rights of diplomatic agents and is often considered to be at the root of diplomatic immunity. The wording it received in the Vienna Convention does not ... More


View: