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Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Erich Vranes

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.001.0001
Subject:
Law, Public International Law, EU Law

This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The ... More


Introduction

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/9780199562787.003.0001
Subject:
Law, Public International Law, EU Law

This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ ... More


Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

Marko Milanovic

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199696208
eISBN:
9780191729805
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696208.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and ... More


General Conclusion

Marko Milanovic

in Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199696208
eISBN:
9780191729805
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696208.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This concluding chapter brings together the themes explored in the earlier chapters such as extraterritorial application, human rights, state jurisdiction, universality, and effectiveness.


Citizens in Motion: Emigration, Immigration, and Re-migration Across China's Borders

Elaine Lynn-Ee Ho

Published in print:
2018
Published Online:
May 2019
ISBN:
9781503606661
eISBN:
9781503607460
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9781503606661.001.0001
Subject:
Sociology, Migration Studies (including Refugee Studies)

This book argues that analyzing emigration, immigration, and re-migration under the framework of contemporaneous migration directs attention to the citizenship formations that interconnect migration ... More


Refuge beyond Reach: How Rich Democracies Repel Asylum Seekers

David Scott FitzGerald

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190874155
eISBN:
9780190874186
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190874155.001.0001
Subject:
Sociology, Migration Studies (including Refugee Studies), Comparative and Historical Sociology

The core of the asylum regime is the principle of non-refoulement that prohibits governments from sending refugees back to their persecutors. Governments attempt to evade this legal obligation to ... More


Extraterritorial Use of Force Against Non-State Actors

Noam Lubell

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non-state actors. Force in this context takes many forms, ranging from ... More


Safe Third Country Practices, Readmission, and Extraterritorial Processing

Agnès Hurwitz

in The Collective Responsibility of States to Protect Refugees

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199278381
eISBN:
9780191706998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278381.003.0003
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter examines the operation of safe third country practices and readmission agreements. The first section identifies the key elements of safe third country practices, based on an analysis of ... More


Universal Jurisdiction: International and Municipal Legal Perspectives

Luc Reydams

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274260
eISBN:
9780191719158
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274260.001.0001
Subject:
Law, Private International Law

After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile ... More


Introduction

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/9780199584840.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter sets out the scope of the analysis to be covered in the book, and the definition of the terms to be used. The three primary legal frameworks — the ius ad bellum, ... More


Extraterritorial Applicability of Human Rights Law

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/9780199584840.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter provides detailed analysis of the question of whether states are bound by human rights law when acting outside their borders. The background and objective of the International Covenant ... More


On the Waning Magic of Territoriality in the Conflict of Laws

Horatia Muir Watt

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0047
Subject:
Law, Legal History

This chapter examines the meaning of territory and how the understanding of state sovereignty is now linked to political and economic influence rather than to the ability to assert exclusive coercive ... More


Extraterritorial Jurisdiction

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/9780199562787.003.0005
Subject:
Law, Public International Law, EU Law

This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal ... More


Protecting Animals Within and Across Borders: Extraterritorial Jurisdiction and the Challenges of Globalization

Charlotte E. Blattner

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190948313
eISBN:
9780190948344
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190948313.001.0001
Subject:
Law, Public International Law

Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of ... More


Multiple Diasporas

Elaine Lynn-Ee Ho

in Citizens in Motion: Emigration, Immigration, and Re-migration Across China's Borders

Published in print:
2018
Published Online:
May 2019
ISBN:
9781503606661
eISBN:
9781503607460
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9781503606661.003.0004
Subject:
Sociology, Migration Studies (including Refugee Studies)

This chapter examines how fraternity and alterity operate in contradictory ways under conditions of contemporaneous migration. While fraternity connotes membership in a national community, alterity ... More


Burmese Loyalty Structure and the Dual Domination Paradigm

Joseph Cheah

in Race and Religion in American Buddhism: White Supremacy and Immigrant Adaptation

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756285
eISBN:
9780199918874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756285.003.0007
Subject:
Religion, Religion and Society

In their adaptation of Buddhist practices to the American landscape, Burmese immigrant Buddhists have contended with not only domestic forces that demand conformity but also extraterritorial forces ... More


Extraterritoriality: Expanding Exclusive Internal Jurisdiction

Titus Chih-Chieh Chen

in International Norms and Cycles of Change

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195380088
eISBN:
9780199855377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195380088.003.0006
Subject:
Law, Public International Law

Norm change frequently occurs (1) when norms are in tension with each other and (2) when the “fit” between norms and concrete experience is disputed. This chapter provides historical case studies in ... More


Extraterritorial Human Rights Duties

Sarah Joseph

in Blame it on the WTO?: A Human Rights Critique

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199565894
eISBN:
9780191728693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565894.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses the issue of extraterritorial human rights obligations. It examines the extent to which States have duties to the people in other States. Such duties, if they exist, might ... More


Law Enforcement and the Protection of Life under International Humanitarian Law

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or ... More


When to (and When Not to) Recognize Same-Sex Marriages

Andrew Koppelman

in Same Sex, Different States: When Same-Sex Marriages Cross State Lines

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300113402
eISBN:
9780300135138
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113402.003.0008
Subject:
Political Science, American Politics

This chapter proposes a set of fair and workable rules to determine when, and when not, to recognize same-sex marriages. It discusses four relevant types of marriages: evasive, migratory, visitor, ... More


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