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The Life and Death of International Treaties: Double-Edged Diplomacy and the Politics of Ratification in Comparative Perspective

Jeffrey S. Lantis

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535019
eISBN:
9780191715952
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535019.001.0001
Subject:
Political Science, Comparative Politics, International Relations and Politics

This book studies international treaty ratification processes in multiple issue areas. This study sets out to fill a gap in political science scholarship by investigating the role that international ... More


Formation and Accession to Treaties *

Francesco Parisi and Vincy Fon

in The Economics of Lawmaking

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.003.0014
Subject:
Law, Constitutional and Administrative Law

This chapter develops a model of international treaty formation to analyze the different modalities by which states can become party to an international treaty. It analyzes the advantages original ... More


Direct Effect of Treaties in the US and the EU, the Case of the WTO: Some Perceptions and Proposals

John H Jackson

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0021
Subject:
Law, EU Law

The subject of how international treaties are treated in the ‘municipal’ or domestic jurisprudence of a treaty member has a long, complex and somewhat meandering history. It is also a subject of ... More


Serbia

Sanja Djajić

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0022
Subject:
Law, Public International Law

The 2006 Constitution of Serbia makes ample references to international law in general and to international law sources in particular. A number of these provisions refer to the general position of ... More


‘Proportional’ by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration

Jasper Krommendijk and John Morijn

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0018
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the possibility of applying the proportionality principle, which is currently used by the ECtHR in its jurisprudence, in investor-state arbitration and, particularly, in ... More


From Contract to Public Law

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0003
Subject:
Law, Public International Law

This chapter begins with an outline of the methodology that is used to distinguish ‘public’ from ‘private’ in international arbitration, and an elaboration of underlying assumptions regarding ... More


The impact of culture on the semiotics of treaty interpretation: How Pirates Read and Misread the Berne Convention

Susan Tiefenbrun

in Decoding International Law: Semiotics and the Humanities

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195385779
eISBN:
9780199776061
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195385779.003.012
Subject:
Law, Public International Law

China's rampant piracy of American intellectual property costs the United States billions of dollars annually. This chapter examines the impact of cultural factors on a nation's interpretation of an ... More


Root, Scott, and Taft: Of Peace, and Laws, and Learned Men

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0008
Subject:
Law, Public International Law, Legal History

This chapter shows how the quest for a good way to enforce the good rules of international law settled on the path long advocated by the American utopians: new international institutions. The Hague ... More


Drug policy and control at the international level

Thomas Babor, Jonathan Caulkins, Griffith Edwards, Benedikt Fischer, David Foxcroft, Keith Humphreys, Isidore Obot, Jürgen Rehm, Peter Reuter, Robin Room, Ingeborg Rossow, and John Strang

in Drug Policy and the Public Good

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199557127
eISBN:
9780191721373
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557127.003.013
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter begins with a discussion of the global expansion of psychoactive substance use. It then discusses current international drug control treaties, the implementation of the treaties, the ... More


The 1967 Space Treaty

Bin Cheng

in Studies in International Space Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198257301
eISBN:
9780191681745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257301.003.0009
Subject:
Law, Public International Law

This chapter details the events leading up to the ratification of the 1967 Space Treaty. The Space Treaty was born from the need to determine the legal status of celestial bodies before man’s landing ... 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


The Czech Republic

Alexander J. Bělohlávek

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0007
Subject:
Law, Public International Law

The Czech Republic has quite limited experience with international law. This is for political reasons, as the Czech Republic was part of the ‘eastern bloc’ under the Soviet influence. This ... More


The Agencies of Interpretation

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0017
Subject:
Law, Public International Law

This chapter is the first comprehensive examination of interpretative competence. Given that international law is consensual, it is to some extent State consent that determines who may interpret ... More


The Criminal Prosecution of Pirates and Armed Robbers at Sea

Robin Geiß and Anna Petrig

in Piracy and Armed Robbery at Sea: The Legal Framework for Counter-Piracy Operations in Somalia and the Gulf of Aden

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199609529
eISBN:
9780191729751
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199609529.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

Part 4 focuses on the criminal prosecution of alleged pirates and armed robbers at sea. It discusses what substantive criminal norms the prosecution of acts of piracy and armed robbery at sea could ... More


The Protection of Biodiversity and Fisheries Management: Issues Raised by the Relationship between CITES and LOSC

Erik Franckx

in The Law of the Sea: Progress and Prospects

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199299614
eISBN:
9780191714887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299614.003.0012
Subject:
Law, Public International Law

The negotiations leading up to the 1982 United Nations Convention on the Law of the Sea (LOSC) focused mainly on the fishery issue inside the 200 nautical mile limit, with the creation of the totally ... More


Ordering Paradigms in International Investment Law: Bilateralism—Multilateralism—Multilateralization

Stephan W. Schill

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/9780199685387.003.0005
Subject:
Law, Company and Commercial Law, Public International Law

This chapter first examines the concepts of bilateralism and multilateralism, and their relevance. It then introduces the notion of multilateralization as a perspective that can overcome a schematic ... More


Montreal versus Kyoto: International Cooperation and the Global Environment

Scott Barrett

in Global Public Goods: International Cooperation in the 21st Century

Published in print:
1999
Published Online:
November 2003
ISBN:
9780195130522
eISBN:
9780199867363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195130529.003.0010
Subject:
Economics and Finance, Public and Welfare

The world of public goods has changed radically in the past quarter century, rendering some textbook discussions and examples quite dated. This is a good time to take a fresh look at both the nature ... More


The Sources of Law

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0003
Subject:
Law, Comparative Law

This chapter focuses on the sources of Japanese law. Japanese law is primarily based on codified laws. Unlike the Anglo-American system, statute law plays the primary role in the Japanese system. ... More


Bangladesh

Bianca Karim and Tirza Theunissen

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0004
Subject:
Law, Public International Law

The status of international law within the domestic legal order, in the absence of clear national incorporating legislation, remains weak in Bangladesh. Until recently, very few treaties that have ... More


The 1972 Convention on International Liability for Damage Caused by Space Objects

Bin Cheng

in Studies in International Space Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198257301
eISBN:
9780191681745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257301.003.0011
Subject:
Law, Public International Law

This chapter details the events leading up to the ratification of the 1972 Convention on International Liability for Damage Caused by Space Objects. It took the United Nations Committee on the ... More


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