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Religious Liberty in International Human Rights Law

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0003
Subject:
Law, Public International Law, Comparative Law

Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a ... More


Scholarly Perspectives

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0005
Subject:
Law, EU Law

This chapter reviews scholarly research on international human rights law, focusing on systematic studies that are based on historical statistics and carried out by social scientists. The systematic, ... More


Completing the Picture: International Human Rights Law in Non-International Armed Conflicts

Emily Crawford

in The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578962
eISBN:
9780191722608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578962.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter looks to the law of international human rights, which provides further rules regarding the treatment of persons deprived of their liberty in relation to a non-international armed ... More


Final Report on the Impact of International Human Rights Law on General International Law

Menno T. Kamminga

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins with a brief explanation of the approach used by the Committee on International Human Rights Law and Practice in preparing their report on the relationship between general ... More


The United Nations and Humanitarian Intervention

Sir Adam Roberts

in Humanitarian Intervention and International Relations

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199267217
eISBN:
9780191601118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199267219.003.0005
Subject:
Political Science, International Relations and Politics

Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of ... More


Making Human Rights a Reality

Emilie M. Hafner-Burton

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.001.0001
Subject:
Law, EU Law

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many ... More


Impact on State Responsibility

Robert McCorquodale

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the extent to which general international law principles of state responsibility have been influenced by international human rights law, rather than the impact of state ... More


The Right to Have Rights: Citizenship, Humanity, and International Law

Alison Kesby

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.001.0001
Subject:
Law, Public International Law

Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a ... More


Human Rights and the WTO: The Case of Patents and Access to Medicines

Holger Hestermeyer

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This study examines the alleged conflict of WTO law with international human rights law, using a prominent example of such a conflict: that between international patent law, i.e., the TRIPS ... More


Impact on the Right to Consular Notification

Christina M. Cerna

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the issue of the right to consular notification, set forth in Article 36 of the Vienna Convention on Consular Relations (Vienna Convention). The differing considerations of this ... More


The Role of Human Rights and International Humanitarian Law in New Types of Armed Conflicts

Marco Sassòli

in International Humanitarian Law and International Human Rights Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780191001604
eISBN:
9780191729447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780191001604.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the interaction of particular norms of international humanitarian law (IHL) and international human rights law (IHRL) that regulate specific situations and on the adequacy of ... More


The Right to have Rights as Humanity

Alison Kesby

in The Right to Have Rights: Citizenship, Humanity, and International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.003.0005
Subject:
Law, Public International Law

Chapter 4 examines the right to have rights from the perspective of international human rights law. At issue is the claim that the human is the subject of rights—a claim which is challenged by ... More


Post-conflict Accountability and the Reshaping of Human Rights and Humanitarian Law

Christine Bell

in International Humanitarian Law and International Human Rights Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780191001604
eISBN:
9780191729447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780191001604.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter considers the ways in which human rights and humanitarian law have been argued to impose post-conflict accountability. It argues that the attempt to use human rights and humanitarian law ... More


Principles of International Law Relating to Sustainable Development *

Marie-Claire Cordonier Segger and Ashfaq Khalfan

in Sustainable Development Law: Principles, Practices, and Prospects

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276707
eISBN:
9780191699900
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276707.003.0006
Subject:
Law, Environmental and Energy Law

In recent years discussions of the role of international law in sustainable development have expanded considerably. Increasing numbers of international treaties have set sustainable development as an ... More


Narrating Law

Kathleen Cavanaugh

in Islamic Law and International Human Rights Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199641444
eISBN:
9780191741104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641444.003.0002
Subject:
Law, Human Rights and Immigration, Comparative Law

This chapter presents a re-narration of international law within an international human rights law regime. Section B begins by providing a brief overview of the frameworks and primary sources of ... More


Individual Human Rights in Genetic Research: Blurring the Line between Collective and Individual Interests

Hélène Boussard

in New Technologies and Human Rights

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562572
eISBN:
9780191705328
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562572.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law, Human Rights and Immigration

This chapter describes how international human rights law has expanded in reaction to the growth of genetic health practices. It emphasizes that the so-called ‘geneticization’ of rights — that is, ... More


Corporate Obligations under Customary International Law

Markos Karavias

in Corporate Obligations under International Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674381
eISBN:
9780191752322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674381.003.0004
Subject:
Law, Public International Law, Company and Commercial Law

This chapter begins with a discussion of the formation of customary international law. It then considers corporate obligations under international human rights law and international criminal law. The ... More


Democratic Deficit and the WTO

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/9780199565894.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses arguments that the WTO suffers from a ‘democratic deficit’, which would cast doubt on the legitimacy and perhaps the desirability of the WTO's rules. The first section outlines ... More


The Right to have Rights as Nationality

Alison Kesby

in The Right to Have Rights: Citizenship, Humanity, and International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.003.0003
Subject:
Law, Public International Law

Chapter 2 examines the emancipatory potential and limits of the right to have rights conceived in terms of the right to a nationality. Four different conceptions of the right are examined and ... More


PathoLAWgical Occupation: Normalizing the Exceptional Case of the Occupied Palestinian Territory and Other Legal Pathologies

Orna Ben-Naftali

in International Humanitarian Law and International Human Rights Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780191001604
eISBN:
9780191729447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780191001604.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the legal discourse of the most legalized occupation in world history — Israeli control of the Occupied Palestinian Territory (OPT) — to posit that more laws may not only fail ... More


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