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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


A Reasonable Exercise of Jurisdiction

Cedric Ryngaert

in Jurisdiction in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199544714
eISBN:
9780191719943
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544714.003.0005
Subject:
Law, Public International Law

The system of international jurisdiction allows for the exercise of concurrent jurisdiction by more than one State. Especially in the field of economic law, this system may yield unsatisfactory ... 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


Balancing

Kai Möller

in The Global Model of Constitutional Rights

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.003.0006
Subject:
Law, Constitutional and Administrative Law, Public International Law

When there is a conflict of personal autonomy interests, constitutional law recommends that the competing autonomy interests are to be ‘balanced’. The chapter first presents four concepts of ... More


Interstate Dispute Outcomes, 1919–2001

Patricia L. Sullivan

in Who Wins?: Predicting Strategic Success and Failure in Armed Conflict

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199878338
eISBN:
9780199950294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199878338.003.0005
Subject:
Political Science, International Relations and Politics

The preceding chapter presented a set of testable hypotheses derived from the war aims model and several rival theories of armed conflict outcomes. This chapter conducts large-n empirical tests of ... More


The Balancing (and Unbalancing?) of Interests in International Investment Law and Arbitration

Dr Alex Mills

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0015
Subject:
Law, Company and Commercial Law, Public International Law

This chapter examines the dynamic balancing, rebalancing, and (perhaps) unbalancing of interests which takes place in international investment law (IIL) and arbitration. It first analyses the ... More


Balancing Competing Interests and Values: Drone Strikes as National Policy but International Crime?

Ramesh Thakur

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/9780190647759.003.0010
Subject:
Law, Public International Law

“The national interest” is of questionable utility either as an analytic concept or as a guide to policy. It is neither “national,” with multiple entities that have their own sectoral or sectarian ... More


Validity

Nils Jansen and Reinhard Zimmermann

in Commentaries on European Contract Laws

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198790693
eISBN:
9780191927829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198790693.003.0005
Subject:
Law, EU Law

Contrary to what is suggested by the chapter’s heading, ‘Validity’, PECL ch 4 does not deal with all the requirements for a contract’s validity but has a rather limited scope of application. This ... More


Introduction

Yelena Biberman

in Gambling with Violence: State Outsourcing of War in Pakistan and India

Published in print:
2019
Published Online:
July 2019
ISBN:
9780190929961
eISBN:
9780190930004
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190929961.003.0001
Subject:
Political Science, Comparative Politics, International Relations and Politics

The introduction presents the main puzzle: states with robust militaries, such as Pakistan and India, gambling with violence by outsourcing counterinsurgency to nonstate actors. Why would these ... More


Conclusion

Camille Goodman

in Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

Published in print:
2021
Published Online:
December 2021
ISBN:
9780192896841
eISBN:
9780191919114
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896841.003.0008
Subject:
Law, Public International Law

This Chapter draws on the cumulative effect of the research and analysis in the book in order to address the overall enquiry concerning the nature and extent of coastal State jurisdiction over living ... More


Housing and Land Use

Duncan Fairgrieve and Dan Squires QC

in The Negligence Liability of Public Authorities, Second Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780199692552
eISBN:
9780191933035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199692552.003.0016
Subject:
Law, Constitutional and Administrative Law

Public authorities are substantial landowners. They use land for a wide variety of purposes intended to benefit the public, for example: for the provision of amenities such as parks and swimming ... More


Importing Proportionality to the Conflict of Laws

Jeremy Heymann

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0015
Subject:
Law, Private International Law, Constitutional and Administrative Law

Prima facie, proportionality and conflict of laws seem to have so little in common that the study of the relationship that the latter has with the former could reveal itself to be quite poor. ... More


Proceedings before the Referring Court after a Reference has been Made

Morten Broberg and Niels Fenger

in Broberg and Fenger on Preliminary References to the European Court of Justice

Published in print:
2021
Published Online:
May 2021
ISBN:
9780198843580
eISBN:
9780191925986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843580.003.0009
Subject:
Law, EU Law

Chapter 9 provides an account of the steps that a national court may take after having made a preliminary reference. Making a preliminary reference does not imply that the case before the national ... More


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