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Hard Natural Law

Anver M. Emon

in Islamic Natural Law Theories

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579006
eISBN:
9780191722639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579006.003.0002
Subject:
Law, Philosophy of Law, Legal History

This chapter introduces the reader to three different approaches to a particular type of Islamic natural law theory, herein called Hard Natural Law. It reviews the writings of three premodern Sunni ... More


Commentary Compliance With International Soft Law

Jonathan L. Charney

in Commitment and Compliance: The Role of Non-binding Norms in the International Legal System

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199270989
eISBN:
9780191707704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270989.003.0005
Subject:
Law, Public International Law

This chapter discusses compliance with ‘hard’ and ‘soft’ law. The international community has developed ‘hard’ and ‘soft’ norms to serve many of the same systemic functions, that is, to order ... More


Normative Development in the International Legal System

Christine Chinkin

in Commitment and Compliance: The Role of Non-binding Norms in the International Legal System

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199270989
eISBN:
9780191707704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270989.003.0002
Subject:
Law, Public International Law

This chapter analyzes the structure of traditional international law and the conceptual bases for a distinction between legally binding and non-binding norms. It considers the debate of whether ... More


Strengthening the Governance of Social Inclusion

Kenneth A. Armstrong

in Governing Social Inclusion: Europeanization through Policy Coordination

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199278374
eISBN:
9780191594861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278374.003.0008
Subject:
Law, EU Law

A decade of the Lisbon strategy and of policy coordination through the OMC has produced little change in the number of households at risk of income poverty. Meanwhile the economic recession following ... More


Modes of Governance and Regulatory Techniques

Mark Freedland, Paul Craig, Catherine Jacqueson, and Nicola Kountouris

in Public Employment Services and European Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199233489
eISBN:
9780191716324
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233489.003.0004
Subject:
Law, EU Law, Employment Law

This chapter analyses the various instruments that shape and regulate public services in Europe, with a particular focus on those instruments affecting social public services and employment services. ... More


Negative and positive positivism

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0001
Subject:
Law, Competition Law

This chapter presents and defends a version of legal positivism, relying on two distinctions: one between epistemic and ontological conceptions of the rule of recognition, and the other between ... More


Multilateral Arms Control

Dinah Shelton, David S Gualtieri, Barry Kellman, Richard L. Jr. Williamson, Dinah Shelton, and Abram Chayes

in Commitment and Compliance: The Role of Non-binding Norms in the International Legal System

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199270989
eISBN:
9780191707704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270989.003.0009
Subject:
Law, Public International Law

This chapter presents three case studies that analyze the interplay between hard and soft law in the area of multilateral arms control, from nuclear weapons to land mines. The first study looks at ... More


International Human Rights Law in Perspective: Legal Issues and Social Constructs

Michael L. Perlin

in International Human Rights and Mental Disability Law: When the Silenced are Heard

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195393231
eISBN:
9780199914548
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393231.003.0010
Subject:
Psychology, Forensic Psychology

This chapter offers a short overview of international human rights law that relates generally to mental disability law. It begins with a short background of early UN documents and conventions, ... More


Improving the International Investment Law and Policy System: Report of the Rapporteur Second Columbia International Investment Conference: What’s Next in International Investment Law and Policy?

Andrea K. Bjorklund

in The Evolving International Investment Regime: Expectations, Realities, Options

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199793624
eISBN:
9780199895205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199793624.003.0015
Subject:
Law, Public International Law

This chapter argues that the next stage of investment law will be characterized by the embrace of sustainable development and the redress of imbalances, whether real or perceived, in the existing ... More


Instrument Choice and Design

Irit Mevorach

in The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198782896
eISBN:
9780191826115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198782896.003.0004
Subject:
Law, Company and Commercial Law, Private International Law

This chapter identifies the best type of instrument for the global cross-border insolvency system. It questions the predisposition in favour of a treaty as the ultimate solution. It shows that, thus ... More


International Law on International Legal Sources

Mattias Åhrén

in Indigenous Peoples' Status in the International Legal System

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198778196
eISBN:
9780191823596
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778196.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter provides an outline of international law on international legal sources, with two particular focus areas. First, the chapter surveys whether a clinical distinction between so called ... More


In Search of the Area of Freedom, Security and Justice: A Constitutional Odyssey

Neil Walker

in Europe's Area of Freedom, Security, and Justice

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199274659
eISBN:
9780191699771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274659.003.0001
Subject:
Law, EU Law

Pulling together a collection on the continuously increasing body of policy and law under the EU's Area of Freedom, Security, and Justice (AFSJ) is not without difficulties, as this relatively new ... More


Peacekeeping

Fionnuala Ní Aoláin, Dina Francesca Haynes, and Naomi Cahn

in On the Frontlines: Gender, War, and the Post-Conflict Process

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195396645
eISBN:
9780199918416
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195396645.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses three primary components relevant to gender structures and roles within peacekeeping operations: First, the mandates of the peacekeeping operations; second, the training, ... More


Hard Law or Soft Law—Does it Matter?: Distinction Between Different Sources of International Law in the Jurisprudence of the ECtHR

Angelika Nußberger

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/9780198830009.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

The European Court of Human Rights takes both hard law and soft law seriously, especially when it is necessary to adapt the wording of the European Convention on Human Rights to changed conditions in ... More


The Increasing Hybridization of International Monetary Law

Claus D. Zimmerman

in A Contemporary Concept of Monetary Sovereignty

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199680740
eISBN:
9780191760686
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680740.003.0003
Subject:
Law, Public International Law, Company and Commercial Law

This chapter analyses the ongoing hybridization of contemporary international monetary law which covers a very broad phenomenon resulting from constant changes in the formal and material sources of ... More


UNCTAD’s Principles on Public Debt and the United Nations Convention against Corruption: Links and Common Strategies

Juan Bautista Justo

in Sovereign Financing and International Law: The UNCTAD Principles on Responsible Sovereign Lending and Borrowing

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674374
eISBN:
9780191752315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674374.003.0009
Subject:
Law, Company and Commercial Law, Public International Law

Public indebtedness poses major challenges to the fight against corruption. This is so because -despite the severity, extent and length of its impact on the community- weaknesses in transparency, ... More


The Soft Law Approach to Regulatory Harmonization: Are We Trading Away Privacy for Economic Integration?

Shin-yi Peng

in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198778257
eISBN:
9780191823763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778257.003.0020
Subject:
Law, Public International Law

This chapter introduces the recent controversy in Transatlantic Trade and Investment Partnership, Trans-Pacific Partnership, and Trade in Services Agreement trade negotiations and highlights the ... More


Definitions and Parameters

Lee A Bygrave

in Internet Governance by Contract

Published in print:
2015
Published Online:
March 2015
ISBN:
9780199687343
eISBN:
9780191767494
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199687343.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

The chapter defines the central conceptual parameters for the book, focusing on the notions of ‘Internet governance’, ‘contract’, and ‘statute’. More particularly, it: (i) defines the field of ... More


Concluding Remarks in the Light of International Law

Robert Howse

in Sovereign Financing and International Law: The UNCTAD Principles on Responsible Sovereign Lending and Borrowing

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674374
eISBN:
9780191752315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674374.003.0017
Subject:
Law, Company and Commercial Law, Public International Law

This concluding chapter underlines two contributions of the PRLSB to the international normative order concerning sovereign debt. The first contribution of the PRLSB is to qualify or limit a ... More


Soft Law within Participation Rights: Tools in Development

Anette Faye Jacobsen (ed.)

in Tracing the Roles of Soft Law in Human Rights

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198791409
eISBN:
9780191833878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198791409.003.0014
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the role soft law plays in relation to development agencies’ and non-state actors’ policies and programmes. As in other areas, soft law is seen as a means to elaborate and ... More


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