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Distinctive Characteristics of Peremptory Norms

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0004
Subject:
Law, Public International Law

This chapter focuses on distinctive characteristics of peremptory norms, in particular on its absolute character, non-derogability, and the effect-oriented profile.


The Verifiability of the Truth of a Statement—The Non-verifiability of the Validity of a Norm

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0046
Subject:
Law, Philosophy of Law

An important difference between the truth of a statement and the validity of a norm is that the truth of a statement is verifiable — i.e. it must be possible to prove it to be true or false — while ... More


The Principal Practices and Primarily Affected Rights

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the human rights primarily affected by extraterritorial force against non-state actors. Extraterritorial forcible measures used by states against individuals often include state ... More


The Principles of Conflict Resolution

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/9780199562787.003.0003
Subject:
Law, Public International Law, EU Law

Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. ... More


The Human Right to Non-discrimination

Moeckli Daniel

in Human Rights and Non-discrimination in the 'War on Terror'

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199239801
eISBN:
9780191716829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239801.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter first sets out the sources of the right to equality and non-discrimination in international, regional, and national law. It then analyses the different tests used by international human ... More


Benefits of Empathy-Induced Altruism

C. Daniel Batson

in Altruism in Humans

Published in print:
2010
Published Online:
May 2011
ISBN:
9780195341065
eISBN:
9780199894222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341065.003.0008
Subject:
Psychology, Social Psychology

Empathy-induced altruism offers a number of benefits. Most obvious are the benefits that accrue to individuals whose needs elicit empathic concern, but research suggests that empathy-induced ... More


Special and Differential Treatment in the WTO Agreements: A Legal Analysis

Sonia E. Rolland

in Development at the World Trade Organization

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600885
eISBN:
9780191738364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600885.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the legal nature of Special and Differential Treatment (SDT) provisions in the WTO agreements. What rights and obligations do they create and for whom? Using the language of the ... More


Emergencies and Derogations

A. W. BRIAN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0017
Subject:
Law, Human Rights and Immigration, EU Law

This chapter deals more fully with the colonial emergencies and insurrections which accompanied the winding down of the colonial empire, of the mechanisms of repression which were used to combat ... More


The Outcome of the Two Applications

A. W. BRIAN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0019
Subject:
Law, Human Rights and Immigration, EU Law

This chapter gives an account of the visit of the sub-commission to Cyprus, the oral hearings, hostility of the colonial authorities and their management of the visit, the part played by the UK ... More


Coming In, Rather Reluctantly, From the Cold

A. W. BRAIN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0020
Subject:
Law, Human Rights and Immigration, EU Law

This chapter gives an account of the reappraisal of the convention which followed the Cyprus cases, and the problems it caused for UK colonial office. It describes the later derogations and the use ... More


Interpreting Limits

Katharine G. Young

in Constituting Economic and Social Rights

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199641932
eISBN:
9780191746086
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641932.003.0004
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter considers how the application of economic and social rights may be limited according to the same legal apparatus that establishes them. A six-part presentation of the varying modes of ... More


Derogations Under Human Rights Treaties*

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/9780198262350.003.0031
Subject:
Law, Public International Law

This chapter discusses derogations from human rights obligations. It is limited to an examination of derogations from rights enunciated in international treaties. Both individuals and states have ... More


Separate Opinion of Judge Higgins Oil Platforms (Islamic Republic of Iran v United States of America), Judgment

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/9780198262350.003.0093
Subject:
Law, Public International Law

In its final submissions, Iran asked the International Court of Justice to find that the military action by the United States against the oil platforms referred to in its application constituted a ... More


Derogation: The Repeal of the Validity of a Norm by another Norm

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0027
Subject:
Law, Philosophy of Law

The question of derogation is the question of the sphere of validity of norms, specifically the temporal sphere of validity, since derogation terminates the validity of a norm in time. Derogation ... More


The Truth of a Statement and the Validity of a Norm

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0044
Subject:
Law, Philosophy of Law

A statement must be made, not in order to be true, but in order that we be able to judge it true or false. It is true, even if it is not made. That heat causes a metal to expand is true, even if no ... More


The Protection of Human Rights in Emergency Situations under Customary International Law

Jaime Oraá

in The Reality of International Law: Essays in Honour of Ian Brownlie

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268376
eISBN:
9780191683510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268376.003.0019
Subject:
Law, Public International Law

This chapter examines the provisions of customary international law concerning the protection of human rights in emergency situations. It discusses the derogation clause in human-rights treaties, ... More


Derogation of Freedom of Movement

Chaloka Beyani

in Human Rights Standards and the Free Movement of People Within States

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198268215
eISBN:
9780191683459
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268215.003.0007
Subject:
Law, Public International Law

At times when nations are undergoing states of war or national emergency, it can be noticed that throughout history, States have veered away from the protection of human rights. The States attempt to ... More


Terrorism and International Law: Accountability, Remedies, and Reform: A Report of the IBA Task Force on Terrorism

Elizabeth Stubbins Bates, IBA Task Force on Terrorism, Richard Goldstone, Eugene Cotran, Gijs de Vries, Julia A. Hall, Juan E. Méndez, and Javaid Rehman

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199589180
eISBN:
9780191807275
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199589180.001.0001
Subject:
Law, Human Rights and Immigration

This book examines the developments in international law and practice in a dynamic and often controversial area. It analyses the operation and application of international law to terrorism and ... More


Conclusions

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199698462
eISBN:
9780191745904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698462.003.0011
Subject:
Law, EU Law, Human Rights and Immigration

In the final chapter conclusions on the present state of equality law are presented. After a brief overview of the evolution of discrimination discussion turns to the pivotal role of the CJEU in the ... More


Conflict Termination from a Human Rights Perspective: State Transitions, Power-Sharing, and the Definition of the “Post”

Martin Wählisch

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0018
Subject:
Law, Public International Law, Human Rights and Immigration

The exact moment when the application of jus post bellum is supposed to begin and end is still under debate. This chapter approaches the question from a human rights perspective, analyzing the ... More


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