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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


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


Prosecution of Human Rights Violations under Customary International Law

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0007
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It ... 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


Impact on the Process of the Formation of Customary International Law

Jan Wouters and Cedric Ryngaert

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the ‘human rights method’ of ascertaining customary international law, with its emphasis on opinio juris over state practice, with a favourable eye. It argues that while it is ... 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


Judicial Interpretation at the Ad Hoc Tribunals: Method From Chaos?

Joseph Powderly

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/9780199591466.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

The absence from the Statutes of the ad hoc Tribunals of a provision explicitly setting down the interpretational methodology to be applied by the bench ensured that the only barrier to judicial ... More


Access to Medicine as a Human Right

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins with a background note on international human rights law and the right to health — the most commonly mentioned basis for a right to access to medicine — as well as human rights ... More


Political Genocide and Customary International Law

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the question of whether, as some suggest, political genocide is prohibited already by virtue of post-Convention developments in customary international law. It discusses the ... More


Canada

Stéphane Beaulac and John H. Currie

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0005
Subject:
Law, Public International Law

With two exceptions, Canada's written Constitution is silent on international agreements and treaties. This is because Canada was a British Dominion rather than a sovereign state at the time of ... More


Civilizing Civil War: Writing Morality as Law at the ICTY

Alexander Zahar

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0017
Subject:
Law, Public International Law, Criminal Law and Criminology

International law governing international armed conflict has grown since 1945 to include many crimes for which individuals may be held criminally liable. The ICTY and its supporters claim that much ... 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


The Reinvention of War Crimes by the International Criminal Tribunals

Shane Darcy

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/9780199591466.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores how judicial creativity at the ad hoc Tribunals has led to a reinvention of the law of war crimes, arguably the most far-reaching jurisprudential contribution of the Tribunals. ... More


The West Is Not Alone: The Hajj in World Politics and Law

Robert R. Bianchi

in Guests of God: Pilgrimage and Politics in the Islamic World

Published in print:
2004
Published Online:
January 2005
ISBN:
9780195171075
eISBN:
9780199835102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195171071.003.0011
Subject:
Religion, Islam

The international relations of the hajj are a fascinating interplay of power, law, and religion. Debates over hajj policy frame the struggle for power in Islamic international organizations, ... More


Full Protection and Security

Helge Elisabeth Zeitler

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0006
Subject:
Law, Constitutional and Administrative Law, Public International Law

Clauses guaranteeing investor ‘full protection and security’ are included in most bilateral and multilateral investment treaties. They require not only abstention by the host State from physically ... More


Omission Liability at the International Criminal Tribunals—A Case for Reform

Gideon Boas

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/9780199591466.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the development of aiding and abetting by omission as a form of individual criminal responsibility by the ad hoc Tribunals. In a critical analysis of the existing case law, it ... More


Stability and Change in Customary Law *

Francesco Parisi and Vincy Fon

in The Economics of Lawmaking

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter considers two legal doctrines that allow states to avoid the binding force of international customary law: the persistent objector and subsequent objector doctrines. The first doctrine ... More


Italy

Giuseppe Cataldi

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0013
Subject:
Law, Public International Law

In the Italian legal system, treaties are incorporated by means of the laws of ratification and must be consistent with the Constitution. Important indications on the relationship between treaties ... More


The Ad Hoc Tribunals and the Law of Command Responsibility: A Quiet Earthquake

Robert Cryer

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/9780199591466.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks at the judicial development of the doctrine of command responsibility before the ad hoc Tribunals. It demonstrates that despite command responsibility having a firm basis as a form ... 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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