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Norm Conflicts and Hierarchy in International Law: Towards a Vertical International Legal System?

Jure Vidmar

in Hierarchy in International Law: The Place of Human Rights

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199647071
eISBN:
9780191738999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199647071.003.0002
Subject:
Law, Public International Law, Philosophy of Law

This chapter examines the notion of a hierarchical international legal order whereby (certain) human rights norms are elevated to a hierarchically superior level. Although international law has ... More


Peremptory Norms in International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.001.0001
Subject:
Law, Public International Law

This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. ... More


The Epistemological Necessity of Legal Monism

Paul Gragl

in Legal Monism: Law, Philosophy, and Politics

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198796268
eISBN:
9780191837333
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796268.003.0003
Subject:
Law, Public International Law, EU Law

This chapter depicts and defends monism in its positivist-epistemological manifestation (as envisaged by the Vienna School of Jurisprudence’s pure theory of law) as the most viable concept to ... More


Legal Acts, Hierarchy, and Simplification

Paul Craig

in The Lisbon Treaty: Law, Politics, and Treaty Reform

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199595013
eISBN:
9780191729508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595013.003.0007
Subject:
Law, EU Law

The Constitutional Treaty included reform of legal acts and created a hierarchy of norms. The Lisbon Treaty retained a hierarchy of legal acts, although the nomenclature was altered because it was ... More


Legal Acts, Hierarchy, and Simplification

Paul Craig

in The Lisbon Treaty, Revised Edition: Law, Politics, and Treaty Reform

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199664955
eISBN:
9780191773723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664955.003.0007
Subject:
Law, EU Law

The Constitutional Treaty included reform of legal acts and created a hierarchy of norms. The Lisbon Treaty retained a hierarchy of legal acts, although the nomenclature was altered because it was ... More


Private Justice, Public Policy: The Constitutionalization of International Commercial Arbitration

Moritz Renner

in International Arbitration and Global Governance: Contending Theories and Evidence

Published in print:
2014
Published Online:
August 2014
ISBN:
9780198716723
eISBN:
9780191785337
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716723.003.0005
Subject:
Political Science, International Relations and Politics

Arbitration has become the accepted method of resolving cross-border disputes in international commerce. Commercial actors prefer arbitration over litigation because they consider the arbitral ... More


International Law Effects of EU IIAs

Angelos Dimopoulos

in EU Foreign Investment Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698608
eISBN:
9780191732140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698608.003.0006
Subject:
Law, EU Law, Competition Law

Chapter 5 analyzes the international law effects of EU external action in the field of foreign investment. It addresses the legal ramifications resulting from the nature of EU International ... More


Accountability and Judicial Review in the UK and EU: Central Precepts

Paul Craig

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0008
Subject:
Law, Constitutional and Administrative Law

Judicial review is regarded as one method to secure accountability in all developed legal systems. Discussion of accountability entails, however, not merely estimation of the relative efficacy of ... More


SOURCES OF LAW

John Bell

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0001
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter discusses the sources of law, i.e., the sources of legal justifications. It first outlines the hierarchy of English legal norms: European Union law, the European Convention on Human ... More


Is There a Hierarchy of Legislative, Delegated, and Implementing Acts?

Jürgen Bast

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

According to a widespread assumption, the Treaty of Lisbon has established a three-tiered hierarchy between legislative, delegated, and implementing acts. This contribution challenges this view, ... More


Rulemaking by the European Commission: The New System for Delegation of Powers

Carl Fredrik Bergström and Dominique Ritleng (eds)

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This book examines the expectations on the new system for delegations of powers in the light of the experience after its first few years of operation and provides a balanced assessment of the legal ... More


Patterns and Findings: Five Central Themes

Carl Fredrik Bergström and Dominique Ritleng

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0012
Subject:
Law, EU Law, Constitutional and Administrative Law

The last chapter of the book provides the general conclusions in which the striking patterns which can be drawn from the authors’ analyses are set out and the most forceful findings are identified. ... More


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