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

Jason Ralph

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.001.0001
Subject:
Political Science, International Relations and Politics

This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret ... More


Gender and Cultural Justice in South Africa

Monique Deveaux

in Gender and Justice in Multicultural Liberal States

Published in print:
2006
Published Online:
January 2007
ISBN:
9780199289790
eISBN:
9780191711022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199289790.003.0007
Subject:
Political Science, Democratization

Nowhere are the difficulties of protecting both the right to enjoy one’s culture and the right to sexual equality protections better illuminated than in the case of post-Apartheid South Africa. This ... More


Where There is No Government: Enforcing Property Rights in Common Law Africa

Sandra F. Joireman

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199782482
eISBN:
9780199897209
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199782482.001.0001
Subject:
Political Science, Political Theory

Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of ... More


Weapons and the Law of Armed Conflict

William Boothby

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199569946
eISBN:
9780191705250
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569946.001.0001
Subject:
Law, Public International Law

This book is about the law of armed conflict governing the use of weapons. It interprets these rules and discusses the factors influencing future developments in weapons law. After relating the ... More


The Impact of Human Rights Law on General International Law

Menno T. Kamminga and Martin Scheinin (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ... More


Humanitarian Intervention and International Relations

Jennifer M. Welsh (ed.)

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199267217
eISBN:
9780191601118
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199267219.001.0001
Subject:
Political Science, International Relations and Politics

The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged ... More


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


The Economics of Lawmaking

Francesco Parisi and Vincy Fon

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.001.0001
Subject:
Law, Constitutional and Administrative Law

This book explores the relative advantages and limits of alternative sources of law. It views the sources of law through a law and economics lens, and considers the important issue of institutional ... More


Taking Consequences Seriously: Objections to Humanitarian Intervention

Jennifer M. Welsh

in Humanitarian Intervention and International Relations

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199267217
eISBN:
9780191601118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199267219.003.0004
Subject:
Political Science, International Relations and Politics

Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken ... More


The Interpretation of Acts and Rules in Public International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.001.0001
Subject:
Law, Public International Law

There are frequent claims that the international legal regulation in one or another field of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, ... More


Formalizing the informal: is there a way to safely unlock human potential through land entitlement? A review of changing land administration in Africa

Liz Alden Wily

in Linking the Formal and Informal Economy: Concepts and Policies

Published in print:
2006
Published Online:
September 2006
ISBN:
9780199204762
eISBN:
9780191603860
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199204764.003.0015
Subject:
Economics and Finance, Development, Growth, and Environmental

This paper looks at how rural land rights are being formalized in Africa. It argues that highly significant improvements are emerging under the current wave of land reform. In a rising number of ... More


National Law and Indigenous Customary Law: The Struggle For Justice Of Indigenous Women In Chiapas, Mexico

R. Aída Hernández Castillo

in Gender Justice, Development, and Rights

Published in print:
2002
Published Online:
January 2005
ISBN:
9780199256457
eISBN:
9780191601989
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256454.003.0012
Subject:
Political Science, Democratization

This chapter examines the ways national law and indigenous customary law respond to the struggle of indigenous women in Chiapas, Mexico for rights within the new macro-political context of ... More


Classifying Cultural Rights

Jacob T. Levy

in The Multiculturalism of Fear

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297123
eISBN:
9780191599767
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297122.003.0006
Subject:
Political Science, Political Theory

Cultural rights‐claims and policies of multicultural accommodation are not all of a piece; they are not all, e.g. ‘group rights’ in any meaningful sense. So‐called cultural rights can be ... More


Incorporating Indigenous Law

Jacob T. Levy

in The Multiculturalism of Fear

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297123
eISBN:
9780191599767
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297122.003.0007
Subject:
Political Science, Political Theory

Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally ... More


Three Modes of Incorporating Indigenous Law

Jacob T. Levy

in Citizenship in Diverse Societies

Published in print:
2000
Published Online:
October 2005
ISBN:
9780198297703
eISBN:
9780191602948
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829770X.003.0012
Subject:
Political Science, Political Theory

Three broad kinds of incorporation of indigenous law in a multicultural society are described: customary law, common law, and self‐government. These modes of incorporation have different internal ... More


 Customary International Law

Andrew T Guzman

in How International Law Works: A Rational Choice Theory

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195305562
eISBN:
9780199867004
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305562.003.0005
Subject:
Political Science, International Relations and Politics

This chapter applies the theory of international law (developed earlier in the book) to customary international law. The way in which reputation, retaliation, and reciprocity support a body of less ... More


Using Custom to Reconceptualize Crimes Against Humanity

Larissa van den Herik

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the customary international law basis for the development of the definition of crimes against humanity before the ad hoc Tribunals. It argues that the approach taken by the ad ... More


The Universal Declaration of Human Rights at Sixty

Theodor Meron

in The Making of International Criminal Justice: The View from the Bench: Selected Speeches

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199608935
eISBN:
9780191729706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199608935.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

The Universal Declaration of Human Rights has moved human rights from the domestic world of citizen and civil rights to the universe of international entitlement, providing them additional legitimacy ... More


Application, Implementation, and Enforcement

Geoffrey Blest

in War and Law since 1945

Published in print:
1997
Published Online:
October 2011
ISBN:
9780198206996
eISBN:
9780191677427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198206996.003.0010
Subject:
History, Military History

This chapter discusses the application of laws according to the mixture of elements in each particular case: the nature of the situation which makes application of international humanitarian law ... More


International Human Rights Law

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/9780691135151.003.0004
Subject:
Sociology, Migration Studies (including Refugee Studies)

This chapter focuses on the two sources of international law: custom and treaties. Customary international law is the term used to describe rules that are so widely accepted and so deeply held that ... More


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