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Conceptualizing Comparative International Law

Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0001
Subject:
Law, Public International Law, Comparative Law

Comparative international law utilizes insights and methods from comparative law in order to identify, analyze, and explain similarities and differences in how international law is understood, ... More


Comparative International Law and Human Rights: A Value-Added Approach

Christopher McCrudden

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0021
Subject:
Law, Public International Law, Comparative Law

This chapter offers a justification for separating comparative international human rights law from other related scholarly approaches, using the Convention on the Elimination of All Forms of ... More


Project Design

Anthea Roberts

in Is International Law International?

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190696412
eISBN:
9780190696443
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190696412.003.0002
Subject:
Law, Public International Law, Comparative Law

This chapter introduces some of the study’s main concepts. It situates this study within a growing body of comparative international law scholarship and describes how international law should be ... More


Russian Approaches to International Law

Lauri Mälksoo

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198723042
eISBN:
9780191789625
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723042.001.0001
Subject:
Law, Public International Law, Comparative Law

This book examines Russian approaches to international law from three different yet closely interconnected perspectives: history, theory, and recent state practice. The study uses comparative ... More


Introductory Themes

Lauri Mälksoo

in Russian Approaches to International Law

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198723042
eISBN:
9780191789625
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723042.003.0001
Subject:
Law, Public International Law, Comparative Law

This chapter lays out the main research questions and methods, as well as raising the questions of comparative international law and the legacy of the Soviet tradition of international law for ... More


Why Comparative International Law Needs International Relations Theory

Daniel Abebe

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0004
Subject:
Law, Public International Law, Comparative Law

This chapter challenges the conventional wisdom that international relations theory has nothing to offer scholars interested in comparative international law. It argues that comparativists should not ... More


Comparative International Law, Foreign Relations Law, and Fragmentation: Can the Center Hold?

Paul B. Stephan

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0003
Subject:
Law, Public International Law, Comparative Law

This chapter considers the rise of foreign relations law as a way of thinking about the legal dimensions of international relations. It connects this development to the emergence of comparative ... More


International Law in National Legal Systems: An Empirical Investigation

Pierre-Hugues Verdier and Mila Versteeg

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0010
Subject:
Law, Public International Law, Comparative Law

International legal scholars have long recognized the importance of the relationship between international law and domestic legal systems. This chapter draws upon a new data set, which covers 101 ... More


CEDAW in National Courts: A Case Study in Operationalizing Comparative International Law Analysis in a Human Rights Context

Christopher McCrudden

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0022
Subject:
Law, Public International Law, Comparative Law

This chapter presents the methodology and findings of a comparative international law study of national judicial use of the Convention on the Elimination of All Forms of Discrimination Against Women, ... More


Setting the Scene

Anna Lawson and Lisa Waddington

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter introduces the book and provides important context for all the subsequent chapters. In particular, it explains the aim of the research presented in the book and situates it within the ... More


Human Rights Theory and Comparative International Law Scholarship

Christopher McCrudden

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0019
Subject:
Law, Public International Law, Constitutional and Administrative Law

An account of what we know about the use by domestic courts of international human rights law is identified, based on the findings in this volume and earlier work on the use of the Convention on the ... More


Right to Parental Care: Custody and Guardianship

Asha Bajpai

in Child Rights in India: Law, Policy, and Practice

Published in print:
2017
Published Online:
November 2017
ISBN:
9780199470716
eISBN:
9780199089079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199470716.003.0003
Subject:
Law, Human Rights and Immigration

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and ... More


Council of Europe

Oliver Lewis

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0004
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and ... More


The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Lisa Waddington and Anna Lawson (eds)

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.001.0001
Subject:
Law, Public International Law, Constitutional and Administrative Law

The UN Convention on the Rights of Persons with Disabilities (CRPD) has been in force for nearly a decade. This book examines how the Convention has been given effect and interpreted in thirteen ... More


Objections to Treaty Reservations: A Comparative Approach to Decentralized Interpretation

Tom Ginsburg

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0011
Subject:
Law, Public International Law, Comparative Law

This chapter examines a particular aspect of treaty practice, namely the use of objections to reservations, as an example of the comparative international law project. The practice of objections, it ... More


Interpreting the Convention on the Rights of Persons with Disabilities in Domestic Courts

Anna Lawson and Lisa Waddington

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0015
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter reflects on the ways in which courts in the thirteen jurisdictions included in this study have interpreted the provisions of the Convention on the Rights of Persons with Disabilities ... More


Uses of the Convention on the Rights of Persons with Disabilities in Domestic Courts

Anna Lawson

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0017
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter draws on data provided in Chapters 2–14 to carry out a functional analysis, identifying and exploring seven ways in which the Convention on the Rights of Persons with Disabilities (CRPD) ... More


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