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Human Rights

Allen Buchanan

in Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law

Published in print:
2003
Published Online:
April 2004
ISBN:
9780198295358
eISBN:
9780191600982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295359.003.0003
Subject:
Political Science, Political Theory

The purpose of this chapter is to articulate an understanding of basic human rights that is sufficiently clear and cogent to serve as the core of a justice‐based moral theory of international law. To ... More


Distributive Justice

Allen Buchanan

in Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law

Published in print:
2003
Published Online:
April 2004
ISBN:
9780198295358
eISBN:
9780191600982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295359.003.0004
Subject:
Political Science, Political Theory

This chapter grapples with the most controversial topic in the discourse of human rights: distributive justice. The chief questions to be addressed are (1) whether a justice‐based international legal ... More


Secrecy and Violence

Letizia Paoli

in Mafia Brotherhoods: Organized Crime, Italian Style

Published in print:
2008
Published Online:
May 2012
ISBN:
9780195157246
eISBN:
9780199943982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195157246.003.0022
Subject:
Sociology, Law, Crime and Deviance

Self-excluding from state jurisdiction through secrecy, mafia groups cannot do without violence to solve internal conflicts, defend common interests, or guarantee the effectiveness of their legal ... More


Intrastate Autonomy

Allen Buchanan

in Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law

Published in print:
2003
Published Online:
April 2004
ISBN:
9780198295358
eISBN:
9780191600982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295359.003.0009
Subject:
Political Science, Political Theory

Ch. 8 argued for combining a rather restrained, justice‐based view of the unilateral right to secede, the Remedial Right Only Theory, with a much more supportive stance toward forms of ... More


Conclusion

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0010
Subject:
Law, Human Rights and Immigration

The synthesis of this book evaluates how the Court and the Commission have behaved overall with respect to the areas of international law analysed. The ECHR system is viewed from a wider perspective, ... More


Laws and Justice

Ingo Gildenhard

in Creative Eloquence: The Construction of Reality in Cicero's Speeches

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199291557
eISBN:
9780191594885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291557.003.0007
Subject:
Classical Studies, Prose and Writers: Classical, Early, and Medieval

This chapter discusses Cicero's positions on legal matters. After a survey that brings various facets of this complex and complicated topic into view, the analysis focuses on how he deals with the ... More


Inside Pressures on the Outside: The Domestic Interpretive Construction of European Law

Mitchel De S.-O.-L'E. Lasser

in Judicial Transformations: The Rights Revolution in the Courts of Europe

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570775
eISBN:
9780191705557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570775.003.0007
Subject:
Law, Comparative Law

This chapter focuses on the interpretive and normative pressures that the national judiciaries routinely exert on the European legal orders. These pressures are of interest for several reasons. ... More


International Courts and Democratic Politics

Karen J. Alter

in The New Terrain of International Law: Courts, Politics, Rights

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.003.0009
Subject:
Political Science, International Relations and Politics

This chapter discusses how the new terrain of international law is an artifact of a number of indirectly connected decisions: the decision to expand the substantive reach of international law, to ... More


The Emergence of the International Community and the Divide Between International and Domestic Law

Andreas L Paulus

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0010
Subject:
Law, Public International Law

This chapter explores the extent to which modern recognition of an ‘ international community’ influences the relationship between international and national law. It shows that domestic courts do not ... More


Law and Custom

André Béteille

in Democracy and Its Institutions

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198080961
eISBN:
9780199082049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198080961.003.0008
Subject:
Sociology, Politics, Social Movements and Social Change

Some disjunction seems to exist between law and custom, especially in societies that are in transition or are undergoing rapid social change. This is the case in India today, where laws have been ... More


Binding Unity in EU Legal Order: An Introduction

Sacha Prechal and Bert van Roermund

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0001
Subject:
Law, EU Law

This chapter examines the meaning of conceptual divergence as it applies to EU law. Conceptual divergence is considered to be sub-optimal when it comes to upholding the unity that each and every ... More


The legal effects of international law

Piet Eeckhout

in EU External Relations Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606634
eISBN:
9780191729560
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606634.003.0009
Subject:
Law, EU Law

This chapter examines the various legal effects which different forms of international law produce in the EU legal order. The task of discovering and determining those effects has fallen almost ... More


EU Counter-Terrorist Policies and Fundamental Rights: The Case of Individual Sanctions

Christina Eckes

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199573769
eISBN:
9780191722158
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573769.001.0001
Subject:
Law, Human Rights and Immigration, EU Law

Sanctions against private individuals have been widely used in the fight against terrorism, but not without significant controversy. This book examines the complex institutional and substantive ... More


The Reception Process in Russia and Ukraine

Angelika Nußberger

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0010
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in Russian and Ukraine. Topics covered include the accession and ratification of the ECHR in both countries, the status of ECHR in national law, an ... More


The Reception Process in Poland and Slovakia

Magda Krzyżanowska-Mierzewska

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0009
Subject:
Law, Human Rights and Immigration

This chapter discusses the reception of the ECHR in Poland and Slovakia. Topics covered include the accession and ratification of the ECHR in both countries, the status of ECHR in national law, the ... More


The Project of International Legal Order

Brad R. Roth

in Sovereign Equality and Moral Disagreement

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195342666
eISBN:
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342666.003.0002
Subject:
Law, Public International Law

This chapter introduces the peculiarities of the ethical questions facing those proposing reforms to the international legal order; those responsible for interpreting international legal standards; ... More


The Dichotomy between EC External Relations and the CFSP

Geert De Baere

in Constitutional Principles of EU External Relations

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546688
eISBN:
9780191719998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546688.003.0007
Subject:
Law, EU Law

This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the ... More


Assessing the Impact of the ECHR on National Legal Systems

Helen Keller and Alec Stone Sweet

in A Europe of Rights: The Impact of the ECHR on National Legal Systems

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535262
eISBN:
9780191715723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535262.003.0011
Subject:
Law, Human Rights and Immigration

This chapter discusses the impact of the ECHR in 18 national legal orders. Topics covered include the reception of the ECHR into domestic law and practice, inputs into the ECHR legal system ... More


Positive and Negative Regulation of Human Behaviour by Law—The Closure of the Legal Order: Gaps in the Law

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0031
Subject:
Law, Philosophy of Law

The normative legal functions were earlier said to be: commanding, permitting positively, and empowering a certain behaviour. But not the negative permitting of behaviour which is not the object of ... More


New Technologies, the Precautionary Principle, and Public Participation

Laurence Boisson de Chazournes

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/9780199562572.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law, Human Rights and Immigration

This chapter examines how international law has responded to the risks presented by new technologies. It focuses, first, on the definition of the notion of precaution and its constitutive elements, ... More


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