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A Superior–Subordinate Relationship Between the Accused and Those Who Committed the Underlying Offences

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0009
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter discusses the first constitutive element of the doctrine of superior responsibility, namely, the requirement that there must exist a relationship of authority between the accused and ... More


Fact as Non-Law and the Limits on its Relevance

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0006
Subject:
Law, Public International Law

This chapter is the first ever comprehensive examination of how fact and law relate to each other in international law. After the critique of doctrinal approaches, the analysis examines how facts ... More


New States in Latin America

Mikulas Fabry

in Recognizing States: International Society and the Establishment of New States Since 1776

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199564446
eISBN:
9780191722325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564446.003.0003
Subject:
Political Science, Comparative Politics, International Relations and Politics

Chapter 2 examines the emergence of recognition of de facto states. Crafted by early nineteenth‐century American and British foreign policy‐makers in response to unilateral secessions in Latin ... More


State Recognition Prior to 1815

Mikulas Fabry

in Recognizing States: International Society and the Establishment of New States Since 1776

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199564446
eISBN:
9780191722325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564446.003.0002
Subject:
Political Science, Comparative Politics, International Relations and Politics

Chapter 1 investigates the early practice of state recognition. It reveals that prior to 1815 international legitimacy centered on the notion of state rights, which, given that most states were ... More


Secessions, Coups, and the Effective Control Doctrine

Brad R. Roth

in Sovereign Equality and Moral Disagreement

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195342666
eISBN:
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342666.003.0006
Subject:
Law, Public International Law

This chapter discusses the role of non-intervention norms in the international system's responses to crises of authority within states, including both secessionist efforts and unconstitutional ... More


Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

Christine Bakker

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them ... More


Attribution of Conduct to the United Nations

Antonios Tzanakopoulos

in Disobeying the Security Council: Countermeasures against Wrongful Sanctions

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199600762
eISBN:
9780191725210
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600762.003.0002
Subject:
Law, Public International Law

For the international responsibility of the UN to be engaged, conduct susceptible of violating international law must be attributable to the UN rather than some other actor (e.g., a Member State). ... More


The prohibition of state terrorism and questions of attribution

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.003.0002
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 2 explores the obligations to refrain from engaging in or supporting acts of international terrorism as specific instantiations of the general international law prohibitions of aggression and ... More


Legal Consequences of Illegal Collective Security Acts and Decisions

Alexander Orakhelashvili

in Collective Security

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199579846
eISBN:
9780191725302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579846.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the problems arising out of illegal decisions of collective security institutions, either as a matter of excess of delegated powers (ultra vires), or direct commission of ... More


EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0008
Subject:
Law, Human Rights and Immigration

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in ... More


Extraterritorial Application of the European Convention on Human Rights: Evolution of the Court’s Jurisprudence on the Notions of Extraterritorial Jurisdiction and State Responsibility

Işıl Karakaş and Hasan Bakırcı

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses the evolution of the Strasbourg case law on the concept of jurisdiction within the meaning of Article 1 of the European Convention on Human Rights by attempting to provide a ... More


Concurrent Responsibilities under the European Convention on Human Rights: The Concurrence of Human Rights Jurisdictions, Duties, and Responsibilities

Samantha Besson

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses how one should articulate the concurrent effective control, and hence jurisdictions, of different States under the European Convention on Human Rights (ECHR), how one should ... More


Human Rights and International Humanitarian Law Breaches Attributable to International Organizations

Carla Ferstman

in International Organizations and the Fight for Accountability: The Remedies and Reparations Gap

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808442
eISBN:
9780191846144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808442.003.0003
Subject:
Law, Public International Law

The chapter considers how to determine whether a particular internationally wrongful act is attributable to an international organization, or another actor under international law. It considers the ... More


The ‘Magic Circle’ of Rights Holders*: Human Rights’ Outsiders

Benoît Mayer

in Critical International Law: Postrealism, Postcolonialism, and Transnationalism

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199450633
eISBN:
9780199084562
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199450633.003.0008
Subject:
Law, Public International Law

This chapter develops the concept of ‘human rights outsiders’. Far from universalist views on human rights, the chapter shows that rights have never been recognized beyond a socially determined group ... More


The ECHR and Responsibility of the State: Moving Towards Judicial Integration: A View from the Bench

Iulia Motoc and Johann Justus Vasel

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0011
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses the recent jurisprudence of the European Court of Human Rights (ECtHR), reaching the conclusion that the Court’s approach evolves towards judicial integration. After analysing ... More


Territorial Jurisdiction and Positive Obligations of an Occupied State: Some Reflections on Evolving Issues under Article 1 of the Convention

Ganna Yudkivska

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

The international law of occupation—as it has developed since the nineteenth century—traditionally regulates the conduct and obligations of occupying forces. Very little is said about the obligations ... More


Border Check-Point, the Moldovan Republic of Transnistria

François Finck

in International Law's Objects

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198798200
eISBN:
9780191858642
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198798200.003.0013
Subject:
Law, Public International Law

This chapter’s object, a check-point controlled by Transnistria, a secessionist, non-recognized entity on the border between Moldova and Ukraine, illustrates the tension between fact and law in ... More


Boots (on the Ground)

Kimberley N Trapp

in International Law's Objects

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198798200
eISBN:
9780191858642
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198798200.003.0012
Subject:
Law, Public International Law

This chapter explores the symbol of ‘boots’ in armed conflict, which are at the centre of discourse about military might and territorial control. With an eye on the themes of territoriality and ... More


Introductory Note: The International Criminal Tribunal for Rwanda in 2014

Geert-Jan Alexander Knoops

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0027
Subject:
Law, Public International Law

This Introductory Note focusses on the ICTR appeals judgments that were issued in 2014, as well as the status of the ICTR cases that have been referred to Rwanda for trial. In 2014, appeals judgments ... More


Introductory Note: The International Criminal Court in 2016

Geert-Jan Alexander Knoops

in The Global Community Yearbook of International Law and Jurisprudence 2017

Published in print:
2018
Published Online:
November 2018
ISBN:
9780190923846
eISBN:
9780190923860
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190923846.003.0020
Subject:
Law, Public International Law

The year 2016 preludes the start of three trials at the International Criminal Court (ICC). The trials of Mr. Ongwen, Mr. Al Mahdi and the trial of Mr. Gbagbo and Mr. Blé Goudé started in the same ... More


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