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The Principles of Conflict Resolution

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0003
Subject:
Law, Public International Law, EU Law

Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. ... More


Transfer of Funds: the Interaction between the IMF Articles of Agreement and Modern Investment Treaties: a Comparative Law Perspective

Abba Kolo

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0011
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter discusses two interpretative questions that are likely to arise in investment treaty arbitration in the context of capital transfer guarantees. First, in the event of conflict between ... More


International Humanitarian Law

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/9780199592678.003.0009
Subject:
Law, Human Rights and Immigration

The Court has rarely resorted explicitly to the Geneva Conventions and the Additional Protocols, preferring to rely on its own approach. This happened despite the existence of an elaborate framework ... More


Norm Conflicts, International Humanitarian Law, and Human Rights Law

Marko Milanović

in International Humanitarian Law and International Human Rights Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780191001604
eISBN:
9780191729447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780191001604.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter rejects this conclusion: the lex specialis maxim ‘must be abandoned as a sort of magical, two-word explanation of the relationship between international humanitarian law (IHL) and ... More


Norm Conflicts, International Humanitarian Law, and Human Rights Law

Marko Milanovic

in Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199696208
eISBN:
9780191729805
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696208.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the relationship between international humanitarian law and international human rights law from a norm conflict perspective, as the interaction between these two bodies of law ... More


States of Exception: Regulating Targeted Killing in a ‘Global Civil War’

Nehal Bhuta

in Human Rights, Intervention, and the Use of Force

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552719
eISBN:
9780191721090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552719.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter reviews the way that the ‘global war on terror’ destabilizes legal categories regulating the scope of legitimate violence in international human rights (IHR) law and international ... More


Concurrent Applicability of International Humanitarian Law and International Human Rights Law

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the relationship between human rights law and humanitarian law in the context of extraterritorial force against non-state actors. The concurrent applicability of the two legal ... More


The Relationship between International Courts

Tobias Lock

in The European Court of Justice and International Courts

Published in print:
2015
Published Online:
November 2015
ISBN:
9780199660476
eISBN:
9780191748271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660476.003.0002
Subject:
Law, Public International Law

This chapter provides an overview of the jurisdictional relationship between international courts under general public international law. It is based on a distinction between conflicts of ... More


Introduction

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0001
Subject:
Law, Public International Law, EU Law

This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ ... More


Conflict Management through Priority Rules

Dirk Pulkowski

in The Law and Politics of International Regime Conflict

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199689330
eISBN:
9780191768279
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199689330.003.0008
Subject:
Law, Public International Law, Comparative Law

This chapter examines the management of regime conflicts through priority rules of international law. It argues that the most commonly used priority rules of international law — the lex specialis and ... More


Human Rights Law and the Paradigm of Hostilities

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0013
Subject:
Law, Human Rights and Immigration, Public International Law

As a general rule, the role of human rights law in regulating the conduct of hostilities is very limited because it is superseded by IHL according to the principle of lex specialis generalibus ... More


Extraterritorial Derogations from Human Rights Treaties in Armed Conflict

Marko Milanovic

in The Frontiers of Human Rights

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198769279
eISBN:
9780191822292
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198769279.003.0003
Subject:
Law, Human Rights and Immigration

This chapter examines one specific question: Are states allowed to derogate from human rights treaties for situations which take place outside their territories, especially in situations of armed ... More


Attribution in International Investment Law

Carlo de Stefano

in Attribution in International Law and Arbitration

Published in print:
2020
Published Online:
March 2020
ISBN:
9780198844648
eISBN:
9780191880179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844648.003.0004
Subject:
Law, Public International Law

Chapter III elucidates the application of attribution rules by international investment tribunals. This chapter is similar in structure to Chapter II, which is a consequence of the proximity of ... More


The ECHR and Responsibility of the State: Moving Towards Judicial Integration: A View from the Bench

Iulia Motoc and Johann Justus Vasel

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0011
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses the recent jurisprudence of the European Court of Human Rights (ECtHR), reaching the conclusion that the Court’s approach evolves towards judicial integration. After analysing ... More


The Possibility of a Legal Dilemma

Valentin Jeutner

in Irresolvable Norm Conflicts in International Law: The Concept of a Legal Dilemma

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808374
eISBN:
9780191846090
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808374.003.0003
Subject:
Law, Public International Law

The second part validates the stipulative definition of Part I by identifying those norm conflicts which contemporary international law cannot satisfactorily resolve. In doing so, this part answers ... 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


Scope Limitation or Affirmative Defence?: The Purpose and Role of Investment Treaty Exception Clauses

Caroline Henckels

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0020
Subject:
Law, Public International Law, Philosophy of Law

Despite their increasing prevalence in investment treaties, the purpose and role of exception clauses is not well understood. Inconsistent interpretations of exception clauses by investment tribunals ... More


International Human Rights Law and Blockade

Phillip Drew

in The Law of Maritime Blockade: Past, Present, and Future

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198808435
eISBN:
9780191846151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808435.003.0009
Subject:
Law, Public International Law

The years since the beginning of the twenty-first century have seen a significant incursion of international human rights law into the domain that had previously been the within the exclusive purview ... More


Proportionality in Counterinsurgency: Reconciling Human Rights and Humanitarian Law

Evan J. Criddle

in Counterinsurgency Law: New Directions in Asymmetric Warfare

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199941445
eISBN:
9780190260170
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199941445.003.0002
Subject:
Law, Public International Law

This chapter examines the potential for convergence of human rights law (HRL) and international humanitarian law (IHL) in counterinsurgency (COIN), with particular emphasis on the traditional IHL ... More


International Human Rights Law and Extraterritorial Hostilities

Yaël Ronen

in The 'Legal Pluriverse' Surrounding Multinational Military Operations

Published in print:
2019
Published Online:
February 2020
ISBN:
9780198842965
eISBN:
9780191878855
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198842965.003.0011
Subject:
Law, Public International Law

This chapter challenges received wisdom that states, operating individually or participating in multinational military operations, are bound by international human rights treaty law when ... More


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