Jump to ContentJump to Main Navigation

You are looking at 1-5 of 5 items

  • Keywords: judicial law-making x
Clear All Modify Search

View:

Abstract and Concrete Review in the United States

Alec Stone Sweet and Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0011
Subject:
Political Science, Comparative Politics

The diffusion of constitutional judicial review over the past half-century has resulted in the emergence of two dominant ‘models’ of review, the American and the European. The European model, called ... More


The Interpretation of Silence in the WTO Covered Agreements

Isabelle Van Damme

in Treaty Interpretation by the WTO Appellate Body

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562237
eISBN:
9780191705588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562237.003.0004
Subject:
Law, Public International Law

This chapter raises the question of how and when to interpret silence in the WTO covered agreements. The notion of ‘silence’ in treaty language is used as an alternative mode of thinking about ... More


The Evolution of the Law of Command Responsibility and the Principle of Legality

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0001
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter discusses the birth and development of the doctrine of superior responsibility and the part which war crimes tribunals have played in developing and defining that doctrine.


Proportionality in Investor-State Arbitration

Gebhard Bücheler

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.001.0001
Subject:
Law, Public International Law, Company and Commercial Law

While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property ... More


Proportionality as a General Principle of Law

Gebhard Bücheler

in Proportionality in Investor-State Arbitration

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.003.0003
Subject:
Law, Public International Law, Company and Commercial Law

This chapter examines whether the principle of proportionality should be relevant to investor–State arbitration. It first examines the role of the principle of proportionality in various domestic ... More


View: