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Reparation

André Nollkaemper

in National Courts and the International Rule of Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.003.0008
Subject:
Law, Public International Law

This chapter systematizes the relevant principles and patterns in domestic case-law providing for reparation for violations of international law. The chapter advances essentially three arguments. ... More


World History and the Evolving International Judiciary

Karen J. Alter

in The New Terrain of International Law: Courts, Politics, Rights

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.003.0004
Subject:
Political Science, International Relations and Politics

This chapter addresses the question of why states become increasingly willing to submit to international judicial oversight, highlighting how legal practice has changed and how international law has ... More


Intimate Partner Abuse

Karel Kurst-Swanger and Jacqueline L. Petcosky

in Violence in the Home: Multidisciplinary Perspectives

Published in print:
2003
Published Online:
January 2009
ISBN:
9780195165180
eISBN:
9780199864966
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195165180.003.0004
Subject:
Social Work, Children and Families, Crime and Justice

This chapter explores the unique characteristics of violence between intimate partners. It begins with an overview of the trends that have guided the salience of domestic violence intervention ... More


State Immunity

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0008
Subject:
Law, Human Rights and Immigration

This chapter evaluates the Court's references to international State immunity law in Al-Adsani v. United Kingdom, Fogarty v. United Kingdom, and McElhinney v Ireland. The three cases concerned a very ... 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


Access to International Justice in Relation to the Interaction between International Law and Domestic Law

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0005
Subject:
Law, Human Rights and Immigration

Well beyond the confines of the traditional and sterile polemics between monism and dualism, the interaction between international law and domestic law has been asserted in the protection of human ... More


The Legal Effects of Treaties in Domestic Legal Orders and the Role of Domestic Courts

Mario Mendez

in The Legal Effects of EU Agreements

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199606610
eISBN:
9780191741906
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606610.003.0002
Subject:
Law, EU Law, Private International Law

This chapter explores the general stance of international law and domestic legal orders regarding the legal effects of treaties in the domestic legal arena. It shows that international law continues ... More


Nazi Plans for Dominating Germany and Europe: Domestic Crimes: (August 13, 1945)

Otto Kircheimer

in Secret Reports on Nazi Germany: The Frankfurt School Contribution to the War Effort

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691134130
eISBN:
9781400846467
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691134130.003.0030
Subject:
History, Military History

This chapter discusses the criminal responsibility of the Nazis for their violations of German domestic law, including the suppression of labor organizations and political parties. It first considers ... 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


Introduction

Dinah Shelton

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/9780199694907.003.0001
Subject:
Law, Public International Law

This introductory chapter first sets out the purpose of the book, which is to demonstrate how developments in international law have in turn influenced domestic legal systems, especially new ... More


Cooperation, Comity, and Competition Policy

Andrew T. Guzman (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195387704
eISBN:
9780199866762
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387704.001.0001
Subject:
Law, Public International Law

This book illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which ... More


The Financial Services Single Market and the Interface between Community Law and Domestic Law

Eva Lomnicka

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0015
Subject:
Law, EU Law

This chapter examines the interaction between traditional domestic law approaches and Community law in a single market, focusing on the financial services sector. It argues that facilitating the ... More


China

Jerry Z. Li and Sanzhuan Guo

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/9780199694907.003.0006
Subject:
Law, Public International Law

The Chinese Constitution is silent on the domestic status of treaties, customary international law, and other international rules. Treaties to which China is a party are generally regarded as a part ... More


Introduction

Janne Nijman and André Nollkaemper

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0001
Subject:
Law, Public International Law

This introductory chapter begins with a discussion of the aims of the book, which is to contribute to the understanding of one of the most pressing issues of modern international law: the ... More


Jurisdiction and the Ambit of the Criminal Law

Michael Hirst

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199245390
eISBN:
9780191715013
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245390.001.0001
Subject:
Law, Criminal Law and Criminology

In the modern world, it is increasingly difficult for criminal law to be applied on a narrow territorial basis. This is especially apparent in the context of international fraud, drug smuggling, ... More


Introduction and Overview: Biotechnology, Risk Regulation, and the Failure of Cooperation

Mark A. Pollack and Gregory C. Shaffer

in When Cooperation Fails: The International Law and Politics of Genetically Modified Foods

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199237289
eISBN:
9780191696732
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237289.003.0001
Subject:
Political Science, International Relations and Politics

This introductory chapter begins with a description of persistent regulatory differences between the United States and the European Union with regards to the regulation of genetically modified ... More


Uganda

Henry Onoria

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/9780199694907.003.0025
Subject:
Law, Public International Law

The relationship between international law and the domestic legal system in Uganda is characterized by constitutional silence juxtaposed with legislative references and judicial pronouncements. The ... More


Holmes: International Law and American Federalism

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0010
Subject:
Law, Public International Law, Legal History

We have already met American federalism. States rights and slavery, our ‘peculiar institution,’ tore the Union apart in the 19th century, and engendered an intellectual and legal battle over the ... More


Austria

Elisabeth Handl-Petz

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/9780199694907.003.0003
Subject:
Law, Public International Law

Austria entered the European Union in 1995 and is a member of the United Nations. It participates, inter alia, in the Organization for Economic Co-operation and Development and the Organization for ... More


Bangladesh

Bianca Karim and Tirza Theunissen

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/9780199694907.003.0004
Subject:
Law, Public International Law

The status of international law within the domestic legal order, in the absence of clear national incorporating legislation, remains weak in Bangladesh. Until recently, very few treaties that have ... More


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