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Whether Universal Values can Prevail over Bilateralism and Reciprocity

Andreas Paulus

in Realizing Utopia: The Future of International Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199691661
eISBN:
9780191738593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691661.003.0008
Subject:
Law, Public International Law

As long as the world order is based on a decentralized legal system, reciprocity remains one of the pillars of that order. However, community interests have emerged, which have some common features. ... More


Individual States as Guardians of Community Interests

Christian J Tams

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0026
Subject:
Law, Public International Law

This chapter addresses a topic that has been one of Bruno's main concerns both as an academic and as a judge: the potential for decentralized responses against infringements of community interests. ... More


Property: Values and Institutions

Hanoch Dagan

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199737864
eISBN:
9780199894994
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737864.001.0001
Subject:
Law, Constitutional and Administrative Law

Property law and property theory have become a thriving industry in the legal academy rendering some exciting conceptual and normative challenges. This book covers numerous property issues to provide ... More


Enforcing Community Interests Through International Dispute Settlement: Reality or Utopia?

Rüdiger Wolfrum

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0070
Subject:
Law, Public International Law

The existence of community interests is now accepted despite an ongoing discussion about the exact features and the ways and means of their establishment. However, considerable uncertainties remain ... More


Corporate Power and Responsibility: Issues in the Theory of Company Law

J. E. Parkinson

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198259893
eISBN:
9780191682018
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259893.001.0001
Subject:
Law, Company and Commercial Law

This book argues that it should be the function of company law to promote public interest. Examining a number of topical and controversial issues from this perspective, including the adequacy of ... More


Sketching ‘Community Interest’ in EU Law

Friedl Weiss

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0027
Subject:
Law, Public International Law

The concept of ‘common interest’, used interchangeably with that of ‘community interest’ and more recently ‘EU interest’, is used in different contexts and for ostensibly different purposes, ... More


From Individual to Community Interest in International Investment Law

Christoph Schreuer and Ursula Kriebaum

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0067
Subject:
Law, Public International Law

The protections granted to investors by international investment law would seem to epitomize individual interests. In fact, some of the criticism directed at investment law and especially investment ... More


Does the European Court of Justice keep the Balance between Individual and Community Interest in Kadi?

Rudolf Streinz

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0069
Subject:
Law, Public International Law

This chapter focuses on whether the ECJ has kept the balance between the individual's interest in human rights protection and the community interest to fight against international terrorism, bearing ... More


A History of the Doctrine of Odious Debts: Serving Individual/Bilateral or Community Interests?

August Reinisch

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0075
Subject:
Law, Public International Law

Traditionally, the ‘odiousness’ of certain debts was determined by the particular harm to the debtor, for example, debts incurred to fight secessionist movements that eventually prevailed and ... More


The World Trade Organization as a Club: Rethinking Reciprocity and Common Interest

Peter-Tobias Stoll

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0013
Subject:
Law, Public International Law

The issues of reciprocity and common interest — or community interest — mark two demarcation points in the oeuvre of Bruno Simma. Some parts of international economic law, particularly the WTO legal ... More


Community Interests in the Identification of International Law: With a Special Emphasis on Treaty Interpretation and Customary Law Identification

Samantha Besson

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0004
Subject:
Law, Public International Law

This chapter identifies the ways in which community interests are channeled into the identification and interpretation of international law and assesses these developments normatively. It argues that ... More


Community Interests in International Law: Whose Interests Are They and How Should We Best Identify Them?

Samantha Besson

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0003
Subject:
Law, Public International Law

The chapter explores the nature and scope of community interests in international law and assesses how they should best be identified. It rejects the prevalent assumption that states act selfishly ... More


“The Rights and Obligations of Parties to International Armed Conflicts”: From Bilateralism but Not Toward Community Interest?

Janina Dill

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0023
Subject:
Law, Public International Law

This chapter argues that the process commonly described as the development of international law “from bilateralism to community interest” should be dis-aggregated into its formal, procedural, and ... More


The Community Interest in the Law of Treaties: Ambivalent Conceptions

Jan Klabbers

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0048
Subject:
Law, Public International Law

One of the characteristic elements of the work of Bruno Simma consists of his exploration of the community interest in international law, and perhaps more particularly in the law of treaties. His ... More


International Investment Law and Community Interests

Stephan W. Schill and Vladislav Djanic

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0013
Subject:
Law, Public International Law

In contemporary discourse, international investment law and investor-state dispute settlement (ISDS) are often perceived as threats to community interests in one-sidedly protecting foreign investors ... More


The slippery concept of ‘community’, both locally and transnationally

Marjorie Mayo

in Changing Communities: Stories of Migration, Displacement and Solidarities

Published in print:
2017
Published Online:
January 2018
ISBN:
9781447329312
eISBN:
9781447329466
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447329312.003.0007
Subject:
Political Science, Public Policy

This chapter starts by summarising previous definitions and approaches to the contested concept of ‘community’, typically defined in terms of ‘communities of place’, ‘communities of identity’ and ... More


Community Interests Across International Law

Eyal Benvenisti and Georg Nolte (eds)

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.001.0001
Subject:
Law, Public International Law

This book explores the extent to which contemporary international law expects states to take into account the interests of others, namely third states or their citizens when they form and implement ... More


Community Interests in World Trade Law

Christian Tietje and Andrej Lang

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0012
Subject:
Law, Public International Law

The authors argue that WTO law protects the community interest of promoting an essentially rules-based and fair world market. The core concern of WTO law is to protect trade-conducive structures that ... More


Introduction

Eyal Benvenisti and Georg Nolte

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0001
Subject:
Law, Public International Law

The Introduction describes the term “community interests” for the purpose of exploring the extent to which states owe duties toward those who are affected by their actions and omissions. It argues ... More


The International Law Commission and Community Interests

Georg Nolte

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0007
Subject:
Law, Public International Law

The chapter looks at community interests from the perspective of the International Law Commission. It examines both secondary and primary rules of international law, as they have been articulated by ... More


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