Alexander Orakhelashvili
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546220
- eISBN:
- 9780191720000
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546220.001.0001
- Subject:
- Law, Public International Law
There are frequent claims that the international legal regulation in one or another field of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, ...
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There are frequent claims that the international legal regulation in one or another field of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary prerequisite for international law to be viewed as law. This study examines this problem for the first time since these questions were addressed, and taken as the basic premises of the international legal analysis in the works of J. L. Brierly and Sir Hersch Lauterpacht. Addressing the different aspects of the effectiveness of legal regulation, this monograph examines the structural limits on and threshold of legal regulation, and the relationship between the established legal regulation and non-law. Once the limits of legal regulation are ascertained, the analysis proceeds to examine the legal framework of interpretation that serves the maintenance and preservation of the object and intendment of the existing legal regulation. The final indispensable stage of analysis is the interpretation of those treaty provisions that embody the indeterminate conditions of non-law. Given that the generalist element of international legal doctrine has been virtually silent on the problem and implications of the effectiveness and determinacy of international legal regulation, this study examines the material accumulated in doctrine and practice for the past several decades, including the relevant jurisprudence of all major international tribunals.Less
There are frequent claims that the international legal regulation in one or another field of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary prerequisite for international law to be viewed as law. This study examines this problem for the first time since these questions were addressed, and taken as the basic premises of the international legal analysis in the works of J. L. Brierly and Sir Hersch Lauterpacht. Addressing the different aspects of the effectiveness of legal regulation, this monograph examines the structural limits on and threshold of legal regulation, and the relationship between the established legal regulation and non-law. Once the limits of legal regulation are ascertained, the analysis proceeds to examine the legal framework of interpretation that serves the maintenance and preservation of the object and intendment of the existing legal regulation. The final indispensable stage of analysis is the interpretation of those treaty provisions that embody the indeterminate conditions of non-law. Given that the generalist element of international legal doctrine has been virtually silent on the problem and implications of the effectiveness and determinacy of international legal regulation, this study examines the material accumulated in doctrine and practice for the past several decades, including the relevant jurisprudence of all major international tribunals.
Iain McLean
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199546954
- eISBN:
- 9780191720031
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546954.003.0011
- Subject:
- Political Science, Comparative Politics, UK Politics
Creation of the Council of Europe in the shadow of Nuremburg. History of gradual UK incorporation. European Court of Human Rights. Human Rights Act 1998. Human rights and unpopular minorities. Growth ...
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Creation of the Council of Europe in the shadow of Nuremburg. History of gradual UK incorporation. European Court of Human Rights. Human Rights Act 1998. Human rights and unpopular minorities. Growth of a human rights culture among lawyers; unpopularity with politicians and media. The weak entrenchment of HRA 1998.Less
Creation of the Council of Europe in the shadow of Nuremburg. History of gradual UK incorporation. European Court of Human Rights. Human Rights Act 1998. Human rights and unpopular minorities. Growth of a human rights culture among lawyers; unpopularity with politicians and media. The weak entrenchment of HRA 1998.
Luis Toharia and Miguel A. Malo
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780199240524
- eISBN:
- 9780191599187
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240523.003.0012
- Subject:
- Political Science, Comparative Politics
This chapter examines the impact of the Spanish government’s introduction of ‘flexibility at the margin’ on employment and unemployment. This change affected the economy’s capacity to create jobs. It ...
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This chapter examines the impact of the Spanish government’s introduction of ‘flexibility at the margin’ on employment and unemployment. This change affected the economy’s capacity to create jobs. It facilitated the creation of a wider dual labour market with a primary sector in which workers enjoyed significant stability, and a secondary sector in which employment stability is lacking.Less
This chapter examines the impact of the Spanish government’s introduction of ‘flexibility at the margin’ on employment and unemployment. This change affected the economy’s capacity to create jobs. It facilitated the creation of a wider dual labour market with a primary sector in which workers enjoyed significant stability, and a secondary sector in which employment stability is lacking.
Andrew Legg
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199650453
- eISBN:
- 9780191741173
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199650453.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is ...
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The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can Lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the European Court of Human Rights system. It provides a comprehensive justification of the doctrine, and catalogues the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.Less
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can Lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the European Court of Human Rights system. It provides a comprehensive justification of the doctrine, and catalogues the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
Roger Cousens, Calvin Dytham, and Richard Law
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780199299126
- eISBN:
- 9780191715006
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299126.003.0006
- Subject:
- Biology, Ecology, Plant Sciences and Forestry
This chapter explores the spatial dynamics of invading species, paying particular attention to the patterns formed as they spread, i.e., the rate of increase of the area invaded and the rate at which ...
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This chapter explores the spatial dynamics of invading species, paying particular attention to the patterns formed as they spread, i.e., the rate of increase of the area invaded and the rate at which their boundaries move. The development of models for population expansion — comprising a range of structures and assumptions both simple and complex — is reviewed. Rare long distance dispersal events are shown to dictate the rate of spread, the pattern in population margins, and the distribution of genotypes. Movement through heterogeneous landscapes is shown to be further affected by the connectivity and distribution of suitable patches.Less
This chapter explores the spatial dynamics of invading species, paying particular attention to the patterns formed as they spread, i.e., the rate of increase of the area invaded and the rate at which their boundaries move. The development of models for population expansion — comprising a range of structures and assumptions both simple and complex — is reviewed. Rare long distance dispersal events are shown to dictate the rate of spread, the pattern in population margins, and the distribution of genotypes. Movement through heterogeneous landscapes is shown to be further affected by the connectivity and distribution of suitable patches.
Merris Amos
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780197265376
- eISBN:
- 9780191760426
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265376.003.0006
- Subject:
- Law, Human Rights and Immigration
In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of ...
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In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of Human Rights. This chapter examines the characteristics of this relationship and, utilising case law examples, considers the question of whether the metaphor of dialogue is entirely accurate. Also considered are the outcomes, both actual and potential, from a dialogue between national courts and a supranational court. It is clear that dialogue can have an impact on the creation of human rights norms, judicial power, and the legitimacy of human rights law. The UK example is employed to illustrate these outcomes in practice, and also to highlight the potential pitfalls of extensive dialogue with a supranational court.Less
In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of Human Rights. This chapter examines the characteristics of this relationship and, utilising case law examples, considers the question of whether the metaphor of dialogue is entirely accurate. Also considered are the outcomes, both actual and potential, from a dialogue between national courts and a supranational court. It is clear that dialogue can have an impact on the creation of human rights norms, judicial power, and the legitimacy of human rights law. The UK example is employed to illustrate these outcomes in practice, and also to highlight the potential pitfalls of extensive dialogue with a supranational court.
David N. Thomas, G.E. (Tony) Fogg, Peter Convey, Christian H. Fritsen, Josep-Maria Gili, Rolf Gradinger, Johanna Laybourn-Parry, Keith Reid, and David W.H. Walton
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780199298112
- eISBN:
- 9780191711640
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298112.003.0004
- Subject:
- Biology, Ecology
This chapter discusses microbial presence and diversity in glacial ice habitats. Topics covered include life in the interior of polar ice sheets and glaciers, life at the margin, and the snow alga ...
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This chapter discusses microbial presence and diversity in glacial ice habitats. Topics covered include life in the interior of polar ice sheets and glaciers, life at the margin, and the snow alga community.Less
This chapter discusses microbial presence and diversity in glacial ice habitats. Topics covered include life in the interior of polar ice sheets and glaciers, life at the margin, and the snow alga community.
Lynette A. Jones and Susan J. Lederman
- Published in print:
- 2006
- Published Online:
- September 2007
- ISBN:
- 9780195173154
- eISBN:
- 9780199786749
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195173154.003.0006
- Subject:
- Psychology, Cognitive Neuroscience
This chapter reviews experimental studies of prehension that have examined how the arm reaches and the hand configured to grasp and manipulate objects. It considers the kinematics of arm, hand, and ...
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This chapter reviews experimental studies of prehension that have examined how the arm reaches and the hand configured to grasp and manipulate objects. It considers the kinematics of arm, hand, and finger movements during reaching and grasping, the coordination of fingertip forces as an object is grasped, the adaptation of grip forces to the intrinsic properties of an object, and the role of visual and somatosensory feedback in these processes. Theories of reaching that have attempted to account for the kinematic features of transport and manipulation, and models of grasping that focus on the nature of the internal representation of the properties of objects are also presented.Less
This chapter reviews experimental studies of prehension that have examined how the arm reaches and the hand configured to grasp and manipulate objects. It considers the kinematics of arm, hand, and finger movements during reaching and grasping, the coordination of fingertip forces as an object is grasped, the adaptation of grip forces to the intrinsic properties of an object, and the role of visual and somatosensory feedback in these processes. Theories of reaching that have attempted to account for the kinematic features of transport and manipulation, and models of grasping that focus on the nature of the internal representation of the properties of objects are also presented.
David Royse, Michele Staton‐Tindall, Karen Badger, and J. Matthew Webster
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195368789
- eISBN:
- 9780199863860
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:royes/9780195368789.003.0007
- Subject:
- Social Work, Research and Evaluation
This chapter provides an example of a recently completed statewide substance abuse treatment needs assessment and applies many of the concepts introduced in previous chapters. The chapter is divided ...
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This chapter provides an example of a recently completed statewide substance abuse treatment needs assessment and applies many of the concepts introduced in previous chapters. The chapter is divided into three sections. In the first section, the planning activities of the needs assessment are described with special attention given to how the data collection method and sampling frame were determined. The second section details how data collection was conducted with the assistance of a survey research center, as well as the process of analyzing and interpreting data in the context of existing secondary data sets. The final section describes the various considerations in disseminating the results of the needs assessment study. Specifically, details about tailoring the final report and presentation of the findings for different audiences are discussed.Less
This chapter provides an example of a recently completed statewide substance abuse treatment needs assessment and applies many of the concepts introduced in previous chapters. The chapter is divided into three sections. In the first section, the planning activities of the needs assessment are described with special attention given to how the data collection method and sampling frame were determined. The second section details how data collection was conducted with the assistance of a survey research center, as well as the process of analyzing and interpreting data in the context of existing secondary data sets. The final section describes the various considerations in disseminating the results of the needs assessment study. Specifically, details about tailoring the final report and presentation of the findings for different audiences are discussed.
Joerg Rieger (ed.)
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195161199
- eISBN:
- 9780199835201
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019516119X.001.0001
- Subject:
- Religion, Theology
The “preferential option for the poor”–those people marginalized under globalization, the capitalism of postmodernity–has been one of the most significant insights in contemporary Christian theology. ...
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The “preferential option for the poor”–those people marginalized under globalization, the capitalism of postmodernity–has been one of the most significant insights in contemporary Christian theology. Recently, however, options for the margins have been challenged by postmodern shifts in intellectual, social, political, and economic realities that tend to replace preferential options with concerns for pluralism, otherness, and difference. The essays in this volume show how some forms of postmodern thought and theology can mask patterns of oppression as well as a deafness to voices from the margins. The authors seek to show how the preferential option forthe margins can engage postmodernity in new ways and break new ground in religious, theological, and ethical, as well as social, political, and economic thinking. The authors explore the intersection of postmodernity with a number of issues, including liberation theology; the subaltern; the theology of Africa; feminism and patriarchy; and African-American theology and spirituality.Less
The “preferential option for the poor”–those people marginalized under globalization, the capitalism of postmodernity–has been one of the most significant insights in contemporary Christian theology. Recently, however, options for the margins have been challenged by postmodern shifts in intellectual, social, political, and economic realities that tend to replace preferential options with concerns for pluralism, otherness, and difference. The essays in this volume show how some forms of postmodern thought and theology can mask patterns of oppression as well as a deafness to voices from the margins. The authors seek to show how the preferential option forthe margins can engage postmodernity in new ways and break new ground in religious, theological, and ethical, as well as social, political, and economic thinking. The authors explore the intersection of postmodernity with a number of issues, including liberation theology; the subaltern; the theology of Africa; feminism and patriarchy; and African-American theology and spirituality.
Carol Engelhardt Herringer
- Published in print:
- 2008
- Published Online:
- July 2012
- ISBN:
- 9780719077531
- eISBN:
- 9781781700709
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719077531.001.0001
- Subject:
- History, History of Religion
This interdisciplinary study of competing representations of the Virgin Mary examines how anxieties about religious and gender identities intersected to create public controversies that, whilst ...
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This interdisciplinary study of competing representations of the Virgin Mary examines how anxieties about religious and gender identities intersected to create public controversies that, whilst ostensibly about theology and liturgy, were also attempts to define the role and nature of women. Drawing on a variety of sources, this book seeks to revise understanding of the Victorian religious landscape, both retrieving Catholics from the cultural margins to which they are usually relegated, and calling for a reassessment of the Protestant attitude to the feminine ideal.Less
This interdisciplinary study of competing representations of the Virgin Mary examines how anxieties about religious and gender identities intersected to create public controversies that, whilst ostensibly about theology and liturgy, were also attempts to define the role and nature of women. Drawing on a variety of sources, this book seeks to revise understanding of the Victorian religious landscape, both retrieving Catholics from the cultural margins to which they are usually relegated, and calling for a reassessment of the Protestant attitude to the feminine ideal.
Michael Decker
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199565283
- eISBN:
- 9780191721724
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565283.003.0007
- Subject:
- Classical Studies, European History: BCE to 500CE
Chapter 6 argues that marginal landscapes witnessed unprecedented agricultural development during late antiquity. In part because choice lands were scarce due to increasing competition among the ...
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Chapter 6 argues that marginal landscapes witnessed unprecedented agricultural development during late antiquity. In part because choice lands were scarce due to increasing competition among the growing number of farmers and the success of large estates, the desert margins of Oriens were increasingly settled. A similar phenomenon occurred in the upland areas of Syria-Palestine, where tree crops and vines provided a natural alternative to cereal farming. Since a thriving market for oil and wine existed, these normally desolate regions became viable agricultural zones. In addition, the extension of farmed space depended on irrigation, which was a far more important part of the late antique farming regime than previously understood.Less
Chapter 6 argues that marginal landscapes witnessed unprecedented agricultural development during late antiquity. In part because choice lands were scarce due to increasing competition among the growing number of farmers and the success of large estates, the desert margins of Oriens were increasingly settled. A similar phenomenon occurred in the upland areas of Syria-Palestine, where tree crops and vines provided a natural alternative to cereal farming. Since a thriving market for oil and wine existed, these normally desolate regions became viable agricultural zones. In addition, the extension of farmed space depended on irrigation, which was a far more important part of the late antique farming regime than previously understood.
Linda McKie and Sarah Cunningham-Burley (eds)
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9781861346438
- eISBN:
- 9781447302292
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781861346438.001.0001
- Subject:
- Sociology, Marriage and the Family
Acknowledging the increasing diversity and complexity of families, this book proposes a new conceptual framework for understanding families and other relationships that both challenges and attempts ...
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Acknowledging the increasing diversity and complexity of families, this book proposes a new conceptual framework for understanding families and other relationships that both challenges and attempts to reconcile traditional and contemporary approaches. Using the notion of ‘boundaries’, the book shifts thinking from ‘families as entities’ to ‘families as relationship processes’. Emphasising the processes that underlie boundary construction and reconstruction suggests that the key to understanding family life is the process of relationship formation. The ideas of entity, boundary, margins and hybridity provide a framework for understanding the diverse, and often contradictory, ways in which families contribute to society.Less
Acknowledging the increasing diversity and complexity of families, this book proposes a new conceptual framework for understanding families and other relationships that both challenges and attempts to reconcile traditional and contemporary approaches. Using the notion of ‘boundaries’, the book shifts thinking from ‘families as entities’ to ‘families as relationship processes’. Emphasising the processes that underlie boundary construction and reconstruction suggests that the key to understanding family life is the process of relationship formation. The ideas of entity, boundary, margins and hybridity provide a framework for understanding the diverse, and often contradictory, ways in which families contribute to society.
Patrick Greenough
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199744794
- eISBN:
- 9780199933396
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199744794.003.0012
- Subject:
- Philosophy, Philosophy of Mind, Metaphysics/Epistemology
The chapter shows that a variety of Cartesian Conceptions of the mental are unworkable. In particular, the chapter offers a much weaker conception of limited discrimination than the one advanced by ...
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The chapter shows that a variety of Cartesian Conceptions of the mental are unworkable. In particular, the chapter offers a much weaker conception of limited discrimination than the one advanced by Williamson (2000) and show that this weaker conception, together with some plausible background assumptions, is not only able to undermine the claim that our core mental states are luminous (roughly: if one is in such a state then one is in a position to know that one is) but also the claim that introspection is infallible with respect to our core mental states (where a belief that C obtains is infallible just in case if one believes that C obtains then C obtains). The upshot is a broader and much more powerful case against the Cartesian conception of the mental than has been advanced hitherto.Less
The chapter shows that a variety of Cartesian Conceptions of the mental are unworkable. In particular, the chapter offers a much weaker conception of limited discrimination than the one advanced by Williamson (2000) and show that this weaker conception, together with some plausible background assumptions, is not only able to undermine the claim that our core mental states are luminous (roughly: if one is in such a state then one is in a position to know that one is) but also the claim that introspection is infallible with respect to our core mental states (where a belief that C obtains is infallible just in case if one believes that C obtains then C obtains). The upshot is a broader and much more powerful case against the Cartesian conception of the mental than has been advanced hitherto.
Joerg Rieger
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195161199
- eISBN:
- 9780199835201
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019516119X.003.0001
- Subject:
- Religion, Theology
Although postmodernity has weakened traditional values and foundations, it is intimately linked to the logic of late capitalism and its relations of dependency and exploitation. Despite its appetite ...
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Although postmodernity has weakened traditional values and foundations, it is intimately linked to the logic of late capitalism and its relations of dependency and exploitation. Despite its appetite for otherness and difference, postmodernity does not really allow for alternatives to itself. Theologians and other theorists need to address the fact that postmodern modes of thinking are deeply rooted in the economic developments of global capitalism. A view from the margins can challenge the postmodern status quoand engage postmodern thought in freshways. The essays in this book bring together experiences from diverse locations, and each essay expands the meaning of opting for the margins in new ways by working through the tensions of postmodernity.Less
Although postmodernity has weakened traditional values and foundations, it is intimately linked to the logic of late capitalism and its relations of dependency and exploitation. Despite its appetite for otherness and difference, postmodernity does not really allow for alternatives to itself. Theologians and other theorists need to address the fact that postmodern modes of thinking are deeply rooted in the economic developments of global capitalism. A view from the margins can challenge the postmodern status quoand engage postmodern thought in freshways. The essays in this book bring together experiences from diverse locations, and each essay expands the meaning of opting for the margins in new ways by working through the tensions of postmodernity.
Magdalena Forowicz
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199592678
- eISBN:
- 9780191595646
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199592678.003.0007
- Subject:
- Law, Human Rights and Immigration
The Convention on the Status of Refugees and the Protocol relating to the Status of Refugees enjoy a wide approval among the ECHR Contracting States. This chapter provides an overview of the ...
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The Convention on the Status of Refugees and the Protocol relating to the Status of Refugees enjoy a wide approval among the ECHR Contracting States. This chapter provides an overview of the Strasbourg bodies' references to the 1951 Refugee Convention, which mainly appeared in three strands of the Court's case law, namely under Article 3 ECHR (prohibition of torture), under Article 5 ECHR (right to liberty and security), and under Article 8 ECHR (right to respect for private and family life). In this context, it also briefly reviews the relevant provisions of the Convention Against Torture. The Strasbourg bodies' approach to these instruments was rather circumspect and traditional. It was also limited by the fact that it was often more beneficial for the applicant to resort to the ECHR instead of the 1951 Refugee Convention. The Court drew clear boundaries between the 1951 Refugee Convention system and the ECHR. A survey of the case law further suggests that the reasoning of the Court was conditioned by the wide margin of appreciation granted to the Contracting States in the area of immigration.Less
The Convention on the Status of Refugees and the Protocol relating to the Status of Refugees enjoy a wide approval among the ECHR Contracting States. This chapter provides an overview of the Strasbourg bodies' references to the 1951 Refugee Convention, which mainly appeared in three strands of the Court's case law, namely under Article 3 ECHR (prohibition of torture), under Article 5 ECHR (right to liberty and security), and under Article 8 ECHR (right to respect for private and family life). In this context, it also briefly reviews the relevant provisions of the Convention Against Torture. The Strasbourg bodies' approach to these instruments was rather circumspect and traditional. It was also limited by the fact that it was often more beneficial for the applicant to resort to the ECHR instead of the 1951 Refugee Convention. The Court drew clear boundaries between the 1951 Refugee Convention system and the ECHR. A survey of the case law further suggests that the reasoning of the Court was conditioned by the wide margin of appreciation granted to the Contracting States in the area of immigration.
Larry Lankton
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780195083576
- eISBN:
- 9780199854158
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195083576.001.0001
- Subject:
- History, History of Science, Technology, and Medicine
Concentrating on technology, economics, labor, and social history, this book documents the full life cycle of one of America's great mineral ranges from the 1840s to the 1960s. The book examines the ...
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Concentrating on technology, economics, labor, and social history, this book documents the full life cycle of one of America's great mineral ranges from the 1840s to the 1960s. The book examines the workers' world underground, but is equally concerned with the mining communities on the surface. For the first fifty years of development, these mining communities remained remarkably harmonious, even while new, large companies obliterated traditional forms of organization and work within the industry. By 1890, however, the Lake Superior copper industry of upper Michigan started facing many challenges, including strong economic competition and a declining profit margin; growing worker dissatisfaction with both living and working conditions; and erosion of the companies' hegemony in a district they once controlled. The book traces technological changes within the mines and provides a thorough investigation of mine accidents and safety. It then focuses on social and labor history, dealing especially with the issue of how company paternalism exerted social control over the work force.Less
Concentrating on technology, economics, labor, and social history, this book documents the full life cycle of one of America's great mineral ranges from the 1840s to the 1960s. The book examines the workers' world underground, but is equally concerned with the mining communities on the surface. For the first fifty years of development, these mining communities remained remarkably harmonious, even while new, large companies obliterated traditional forms of organization and work within the industry. By 1890, however, the Lake Superior copper industry of upper Michigan started facing many challenges, including strong economic competition and a declining profit margin; growing worker dissatisfaction with both living and working conditions; and erosion of the companies' hegemony in a district they once controlled. The book traces technological changes within the mines and provides a thorough investigation of mine accidents and safety. It then focuses on social and labor history, dealing especially with the issue of how company paternalism exerted social control over the work force.
William Burke-White and Andreas von Staden
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.003.0022
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
In recent years, investment arbitration has increasingly moved from its private law origins into the realm of public law adjudication, but the standards of review applied by ad hoc arbitral tribunals ...
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In recent years, investment arbitration has increasingly moved from its private law origins into the realm of public law adjudication, but the standards of review applied by ad hoc arbitral tribunals have generally not followed step to take account of this development. This chapter argues that public law standards of review should be more deferential to determinations made at the national level than those applicable to disputes of a purely commercial and private law nature, and highlights institutional expertise in public law matters as a key criterion to support this claim. Reviewing select standards of review applied by other international courts and tribunals, the margin of appreciation developed by the European Court of Human Rights is identified as the most preferable alternative to strict scrutiny review, an alternative that provides respondent states with sufficient freedom of action in public law matters while preserving the supervisory role of the international judiciary.Less
In recent years, investment arbitration has increasingly moved from its private law origins into the realm of public law adjudication, but the standards of review applied by ad hoc arbitral tribunals have generally not followed step to take account of this development. This chapter argues that public law standards of review should be more deferential to determinations made at the national level than those applicable to disputes of a purely commercial and private law nature, and highlights institutional expertise in public law matters as a key criterion to support this claim. Reviewing select standards of review applied by other international courts and tribunals, the margin of appreciation developed by the European Court of Human Rights is identified as the most preferable alternative to strict scrutiny review, an alternative that provides respondent states with sufficient freedom of action in public law matters while preserving the supervisory role of the international judiciary.
Aida Torres Pérez
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199568710
- eISBN:
- 9780191705571
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199568710.003.0003
- Subject:
- Law, EU Law
This chapter places this book's project in the context of the plurality of systems protecting fundamental rights in Europe. In Europe, there are at least three spheres of rights protection: the ...
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This chapter places this book's project in the context of the plurality of systems protecting fundamental rights in Europe. In Europe, there are at least three spheres of rights protection: the states, the EU, and the European Convention on Human Rights. Each of these systems includes a bill of rights and a specific court with the supreme authority to interpret them: state constitutional (or supreme) courts, the ECJ, and the European Court on Human Rights. The European Court on Human Rights has created a quasi-constitutional European order of human rights. Although this work will focus on the interplay between state courts and the ECJ, the existence of the European Convention and its Court should not be ignored for a complete picture of the multilevel system of rights protection in Europe.Less
This chapter places this book's project in the context of the plurality of systems protecting fundamental rights in Europe. In Europe, there are at least three spheres of rights protection: the states, the EU, and the European Convention on Human Rights. Each of these systems includes a bill of rights and a specific court with the supreme authority to interpret them: state constitutional (or supreme) courts, the ECJ, and the European Court on Human Rights. The European Court on Human Rights has created a quasi-constitutional European order of human rights. Although this work will focus on the interplay between state courts and the ECJ, the existence of the European Convention and its Court should not be ignored for a complete picture of the multilevel system of rights protection in Europe.
Maureen Perkins
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198121787
- eISBN:
- 9780191671302
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198121787.003.0006
- Subject:
- Literature, 19th-century and Victorian Literature, 18th-century Literature
This chapter discusses the content and readership of colonial Australian almanacs, at first to illustrate what can be gleaned about popular culture from their pages, and then to demonstrate that the ...
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This chapter discusses the content and readership of colonial Australian almanacs, at first to illustrate what can be gleaned about popular culture from their pages, and then to demonstrate that the colonial margins were actually much more influential on cultural developments in London than has hitherto been suspected. A close reading of English and Australian almanacs of the nineteenth century reveals that compilers were aware of each other's work. The colonial scene was a frequent source of material for English almanacs. The success of Australian almanacs under the most trying of publishing conditions was applauded in England, a recognition that may have been unique in the early colonial experience. With their informative articles about the colonial environment, as well as their lists of the civil and military administration, early Australian almanacs were works of reference used by some in England long before Whitaker's dominated the market.Less
This chapter discusses the content and readership of colonial Australian almanacs, at first to illustrate what can be gleaned about popular culture from their pages, and then to demonstrate that the colonial margins were actually much more influential on cultural developments in London than has hitherto been suspected. A close reading of English and Australian almanacs of the nineteenth century reveals that compilers were aware of each other's work. The colonial scene was a frequent source of material for English almanacs. The success of Australian almanacs under the most trying of publishing conditions was applauded in England, a recognition that may have been unique in the early colonial experience. With their informative articles about the colonial environment, as well as their lists of the civil and military administration, early Australian almanacs were works of reference used by some in England long before Whitaker's dominated the market.
