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The Legal Position of Religious Organizations

Norman Doe

in Law and Religion in Europe: A Comparative Introduction

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199604005
eISBN:
9780191729331
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604005.003.0005
Subject:
Law, EU Law, Comparative Law

This chapter explores religious freedom in the context of both the general freedom of association and the specific right in some States of religious association. It then examines the legal categories ... More


Players

Carlo Focarelli

in International Law as Social Construct: The Struggle for Global Justice

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199584833
eISBN:
9780191741012
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584833.003.0006
Subject:
Law, Public International Law

This chapter examines the actors engaged in constructing international law as a set of rules. It argues that states remain at the heart of global governance by exercising jurisdictional power in a ... More


The International Legal Form and Status of Informal International Lawmaking Bodies: Consequences for Accountability

Ayelet Berman and Ramses A Wessel

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0003
Subject:
Law, Public International Law

Informal lawmaking is characterized by an involvement of non-traditional actors. This chapter analyses actor informality by looking at two key forms: ‘international agencies’ and ‘harmonization ... More


The Holy See-Vatican State-Like Construct

Ioana Cismas

in Religious Actors and International Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198712824
eISBN:
9780191781186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712824.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

The Holy See claims a dual personality in international law, as the government of the Vatican and separately as the government of the Catholic Church. This creates a situation where it can avail ... More


Sanctuary

Nicole A. Waligora-Davis

in Sanctuary: African Americans and Empire

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369915
eISBN:
9780199893379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369915.003.0003
Subject:
Literature, African-American Literature

Reading Herman Melville’s “Benito Cereno” alongside American slave law, Dred Scott v. Sandford, The State of Missouri v. Celia, and the Civil Rights Cases (1883), this chapter addresses the ... More


The Historical Recovery of the Human Person as Subject of the Law of Nations

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0001
Subject:
Law, Human Rights and Immigration

One of the most important contributions of the international legal doctrine along the last six decades has been the rescue of the individual as subject of the law of nations. Such contribution is of ... More


The Court's Approach to Corporate Personality

Marius Emberland

in The Human Rights of Companies: Exploring the Structure of ECHR Protection

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199289837
eISBN:
9780191700545
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199289837.003.0003
Subject:
Law, Human Rights and Immigration

Corporate legal personality entails the conferment of rights (and duties) under municipal law on companies as if they were human beings. It also signifies a distinction between the rights (and ... More


Report for Institute de Droit International, The Legal Consequences for Member States of the Non-fulfilment by International Organizations of their Obligations Toward Third Parties: Cinquième Commission* Rapporteur: Mme Rosalyn Higgins Preliminary Exposé and Draft Questionnaire** June 1989

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0055
Subject:
Law, Public International Law

This chapter provides a preliminary study of the international law issues in determining the legal consequences for United Nations member states of the non-fulfilment by international organisations ... More


International Legal Personality as a Theoretical Construct

Astrid Kjeldgaard-Pedersen

in The International Legal Personality of the Individual

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198820376
eISBN:
9780191860294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198820376.003.0002
Subject:
Law, Public International Law

Chapter 2 identifies and explains the four theoretical conceptions of international legal personality, which will be tested against historical and existing norms of positive international law in ... More


The Privileges and Immunities of International Organizations in Domestic Courts

August Reinisch (ed.)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.001.0001
Subject:
Law, Public International Law, Comparative Law

International organizations have increasingly been involved in litigation before domestic courts. In this context, a host of legal issues has become relevant, including the domestic legal personality ... More


Evaluative Framework: Legal Personality under International Law

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter presents and explains the evaluative framework that the study employs when analysing armed groups and legal personality. In doing so, the chapter provides a short historical account of ... More


Sovereignty and Personality: A Process of Inclusion

Janneke Nijman

in State, Sovereignty, and International Governance

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199245383
eISBN:
9780191697456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245383.003.0004
Subject:
Law, Public International Law

This chapter deals with the concept of international legal personality (ILP) within the context of the overall theme of this book, the (changing) perception of state sovereignty in modern ... More


United Kingdom

Dan Sarooshi and Antonios Tzanakopoulos

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0016
Subject:
Law, Public International Law, Comparative Law

This chapter examines the jurisprudence of the UK courts on international organizations. First, it discusses the approach of the UK courts to the justiciability of claims involving treaties and ... More


Dependent States and Other Dependent Entities

JAMES CRAWFORD

in The Creation of States in International Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199228423
eISBN:
9780191714375
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228423.003.0007
Subject:
Law, Public International Law

This chapter focuses on the various forms of protectorate, both because this was the most common ‘category’ of dependent entity, and because the experience derived from it still helps to illustrate ... More


The Law on Belligerency and Insurgency, and International Legal Personality

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter provides a historical account of the manner in which the legal personality of armed groups was conceived and treated prior to the drafting of the 1949 Geneva Conventions. Conducting a ... More


Transnational Judicial Conversations on the Personality, Privileges, and Immunities of International Organizations—An Introduction

August Reinisch

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0001
Subject:
Law, Public International Law, Comparative Law

This chapter first sets out the book's purpose, which is to analyse, by looking at the actual case-law in certain jurisdictions, whether ‘judicial conversations’ on the topic of the personality and ... More


France

Geneviéve Bastid Burdeau

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0006
Subject:
Law, Public International Law, Comparative Law

This chapter focuses on the legal apprehension of personality, immunities, and privileges of international organizations in the French legal order, considering not only the case-law but also the ... More


Legal Status of International Organizations

Edward Chukwuemeke Okeke

in Jurisdictional Immunities of States and International Organizations

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190611231
eISBN:
9780190611262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190611231.003.0007
Subject:
Law, Public International Law, Legal Profession and Ethics

The legal status of international organizations matters because issues of their jurisdictional immunity would not arise, a priori, if they did not have both international personality and legal ... More


The Function of Trusts in Business and Commerce

M. W. Lau

in The Economic Structure of Trusts: Towards a Property-based Approach

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199602407
eISBN:
9780191725203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602407.003.0006
Subject:
Law, Trusts

This chapter examines the reasons behind the trust's popularity in business and commerce. Although the trust is neither a legal entity nor an economic firm, it is widely used in structuring ... More


Religious Actors as an Analytical Category

Ioana Cismas

in Religious Actors and International Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198712824
eISBN:
9780191781186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712824.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter clarifies key concepts of the book. It explains the heuristic function of an analytical category, and the utility of employing religious actors as an analytical device. It then defines ... More


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