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The Impact of Human Rights Law on General International Law

Menno T. Kamminga and Martin Scheinin (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ... More


The Right to Health in International Law

John Tobin

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199603299
eISBN:
9780191731662
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199603299.001.0001
Subject:
Law, Public International Law

The link between health and human rights has been recognized for many years. But the increasing visibility of the right to health in international law has been a distinct feature in social and policy ... More


 Understanding International Law

Andrew T Guzman

in How International Law Works: A Rational Choice Theory

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195305562
eISBN:
9780199867004
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305562.003.0006
Subject:
Political Science, International Relations and Politics

This concluding chapter ties together the prior analysis of international law and emphasizes that sense in which various forms of international obligation represent alternative choices along a ... More


International Supervision

Agnès Hurwitz

in The Collective Responsibility of States to Protect Refugees

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199278381
eISBN:
9780191706998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278381.003.0008
Subject:
Law, Criminal Law and Criminology, Public International Law

Having highlighted the many protection challenges arising from the implementation of safe third country practices, and the limitations of EU judicial supervision, this chapter examines whether and ... More


Reparation

André Nollkaemper

in National Courts and the International Rule of Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.003.0008
Subject:
Law, Public International Law

This chapter systematizes the relevant principles and patterns in domestic case-law providing for reparation for violations of international law. The chapter advances essentially three arguments. ... More


Attributing Global Legal Responsibility

Margot E Salomon

in Global Responsibility for Human Rights: World Poverty and the Development of International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199284429
eISBN:
9780191713736
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199284429.003.0006
Subject:
Law, Human Rights and Immigration

This chapter discusses several bases for disaggregating global responsibility pertaining to collective state conduct, for violations of socio-economic rights, manifested as world poverty. It draws on ... More


Recognition and Implementation of Treaty Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0011
Subject:
Philosophy, General

This chapter assesses the recognition and implementation of treaty human rights. A nation-state usually ought to agree to a human rights treaty in order to add to the protection of moral human rights ... More


The Interpretation of Acts and Rules in Public International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.001.0001
Subject:
Law, Public International Law

There are frequent claims that the international legal regulation in one or another field of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, ... More


The Element of Breach: Sources of Obligations Incumbent upon the United Nations

Antonios Tzanakopoulos

in Disobeying the Security Council: Countermeasures against Wrongful Sanctions

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199600762
eISBN:
9780191725210
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600762.003.0003
Subject:
Law, Public International Law

Conduct that is attributable to the UN must also be in breach of the UN's international obligations in order to engage the organization's international responsibility. This chapter examines the ... More


Supremacy Restrained

André Nollkaemper

in National Courts and the International Rule of Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.003.0011
Subject:
Law, Public International Law

This chapter first discusses the causes of resistance against recognizing the domestic supremacy of international law and the fact that, even though international law is not insensitive to ... More


Dispute Settlement by “Quasi-judicial” and “Judicial” Bodies

JOSÉ E. ALVAREZ

in International Organizations as Law-makers

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198765639
eISBN:
9780191710070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765639.003.0008
Subject:
Law, Public International Law

This chapter discusses dispute settlement by ‘quasi-judicial’ and ‘judicial’ bodies. It also explains the concepts of regime-specific law, general public international law, national law, and other ... More


Developing Country Participation in the Climate Regime—Applying Common but Differentiated Responsibility

Lavanya Rajamani

in Differential Treatment in International Environmental Law

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199280704
eISBN:
9780191700132
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280704.003.0007
Subject:
Law, Environmental and Energy Law, Public International Law

The ‘meaningful participation’ of developing countries has been the object of several international climate negotiations since such is perceived to have some disputes regarding the climate regime. ... More


Regimes

Congyan Cai

in The Rise of China and International Law: Taking Chinese Exceptionalism Seriously

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190073602
eISBN:
9780190073633
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190073602.003.0004
Subject:
Law, Public International Law

This chapter examines China’s engagement with international regimes from perspectives of both norm compliance, which is the focus of China as a rule-taker, and norm entrepreneurship, which represents ... More


The Fundamental Rights Acquis: An ‘Integrative Approach’ to Interpretation—The ‘Aggregate Standards’ Model

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0007
Subject:
Law, Human Rights and Immigration

This chapter will catalogue the multiple ways in which human rights penetrate the EU legal order and the different functions they play qua (internalised/’Europeanised’) ‘fundamental rights’, both as ... More


Religious Actors and International Law

Ioana Cismas

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198712824
eISBN:
9780191781186
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712824.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

When Lubna Hussein was charged alongside twelve other women of committing the ‘indecent act’ of wearing trousers in public—punishable with flogging—the Sudanese authorities relied on Islam for ... More


Human Rights and International Humanitarian Law Breaches Attributable to International Organizations

Carla Ferstman

in International Organizations and the Fight for Accountability: The Remedies and Reparations Gap

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808442
eISBN:
9780191846144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808442.003.0003
Subject:
Law, Public International Law

The chapter considers how to determine whether a particular internationally wrongful act is attributable to an international organization, or another actor under international law. It considers the ... More


Stabilization

John Schulz

in The Financial Crisis of Abolition

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300134193
eISBN:
9780300150490
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300134193.003.0008
Subject:
History, Latin American History

This chapter shows that in the period between Campos Sales's election and his inauguration, it became clear that Brazil lacked the foreign exchange to pay the interest on its external debt. Since the ... More


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