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Global Competition: Law, Markets, and Globalization

David Gerber

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199228225
eISBN:
9780191711350
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228225.001.0001
Subject:
Law, Competition Law

This book examines the relationship between law and economic globalization. It focuses on national and international efforts to protect the competitive process, exploring the critically important ... More


National Courts and Community Law

Paul P. Craig

in Governing Europe

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199250158
eISBN:
9780191599439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199250154.003.0002
Subject:
Political Science, European Union

An examination is made of the way in which national courts have reacted to European Community law, in particular to the claim to supremacy over national law contained in the jurisprudence of the ... More


National Law and Indigenous Customary Law: The Struggle For Justice Of Indigenous Women In Chiapas, Mexico

R. Aída Hernández Castillo

in Gender Justice, Development, and Rights

Published in print:
2002
Published Online:
January 2005
ISBN:
9780199256457
eISBN:
9780191601989
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256454.003.0012
Subject:
Political Science, Democratization

This chapter examines the ways national law and indigenous customary law respond to the struggle of indigenous women in Chiapas, Mexico for rights within the new macro-political context of ... More


Islands of Transnational Governance

Alec Stone Sweet

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:
10.1093/0199256489.003.0010
Subject:
Political Science, Comparative Politics

The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law ... More


Competition Law in Europe: Market, Community, and Integration

David J. Gerber

in Global Competition: Law, Markets, and Globalization

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199228225
eISBN:
9780191711350
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228225.003.0006
Subject:
Law, Competition Law

This chapter outlines European national experience as well as the evolution and dynamics of competition law in the European Union. European competition law experience is particularly important for ... More


Globalization, Development, and ‘Other Players’: Widening the Lens

David J. Gerber

in Global Competition: Law, Markets, and Globalization

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199228225
eISBN:
9780191711350
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228225.003.0007
Subject:
Law, Competition Law

Competition law was of limited importance in most parts of the world outside the US and Europe until the 1990s. Since then, however, it has developed rapidly virtually everywhere, as many countries ... More


New Frontiers of State Constitutional Law: Dual Enforcement of Norms

James A. Gardner and Jim Rossi (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.001.0001
Subject:
Law, Constitutional and Administrative Law

This book presents a range or perspectives on the role of state constitutions within the context of federalism. Rejecting both the old dual federalism and the newer judicial federalism models, this ... More


Practitioner Perspectives

Emilie M. Hafner-Burton

in Making Human Rights a Reality

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155357
eISBN:
9781400846283
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155357.003.0006
Subject:
Law, EU Law

This chapter considers the experiences of practitioners who work inside and around the international human rights legal system. Those insider views—many of them from lawyers who have one foot in ... More


Postnational Law in Search of a Structure

Nico Krisch

in Beyond Constitutionalism: The Pluralist Structure of Postnational Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199228317
eISBN:
9780191594793
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228317.003.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 1 analyses the turn to postnational law and the main frames for conceptualizing it. As binary distinctions of inside/outside and binding/non-binding are giving way to more gradated forms of ... More


The Reception Process in Austria and Switzerland

Daniela Thurnherr

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/9780199535262.003.0006
Subject:
Law, Human Rights and Immigration

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


Sovereignty as a Solution: Extending the Reach of National Laws

David J. Gerber

in Global Competition: Law, Markets, and Globalization

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199228225
eISBN:
9780191711350
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228225.003.0003
Subject:
Law, Competition Law

When the Cold War division of the world made a global competition law regime impossible, the US as the dominant economic and political power in the non-Communist world took responsibility for dealing ... More


The Primary Applicability of National Law and the Role of International Law

Hege Elisabeth Kjos

in Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.003.0005
Subject:
Law, Public International Law

This chapter discusses the three factors that may lead to the primary application of national law: an agreement by the disputing parties to apply national law; considerations of host state ... More


New Perspectives on the Divide Between National and International Law

Janne E. Nijman and André Nollkaemper (eds)

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.001.0001
Subject:
Law, Public International Law

This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the ... More


Monism and Dualism: The Impact of Private Authority on the Dichotomy Between National and International Law

Christine Chinkin

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/9780199231942.003.0007
Subject:
Law, Public International Law

This chapter considers some of the implications of different forms of private authority for the dichotomy between national and international law. Section 2 considers the contemporary significance of ... More


The Primary Applicability of International Law and the Role of National Law

Hege Elisabeth Kjos

in Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.003.0006
Subject:
Law, Public International Law

This chapter examines situations where international law could, or has been held to, be the primarily applicable law. The main factors that arbitral tribunals take into account in deciding to apply ... More


The Credibility of Agricultural Land Tenure, or Why Intentional Institutional Ambiguity Might Work

Peter Ho

in Institutions in Transition: Land Ownership, Property Rights and Social Conflict in China

Published in print:
2005
Published Online:
July 2005
ISBN:
9780199280698
eISBN:
9780191602528
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019928069X.003.0002
Subject:
Economics and Finance, Development, Growth, and Environmental

Seeks to explore the institutional arrangements that have enabled the establishment of a credible and socially accepted cropland tenure system in China. For this purpose, the chapter starts with a ... More


The Inevitably Incomplete Convergence of Competition Laws

Chris Noonan

in The Emerging Principles of International Competition Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199207527
eISBN:
9780191708817
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207527.003.0003
Subject:
Law, Public International Law, Competition Law

This chapter examines the nature of major similarities and differences between national competition laws. Section 3.1 provides an overview of competition law in developed countries. Section 3.2 ... More


Techniques of Interaction of International Jus Cogens with National Law

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0019
Subject:
Law, Public International Law

This chapter reflects on different modes of how international jus cogens can be received into, or have its effect excluded from, national legal systems. Premised on strict separation between national ... More


International Law in a Process of Constitutionalization

Christian Walter

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/9780199231942.003.0009
Subject:
Law, Public International Law

This chapter explores the utility of the concept of constitutionalism as a perspective to study and understand the changing nature of the relationship between international and national law. It ... More


Jurisdiction and the Ambit of the Criminal Law

Michael Hirst

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199245390
eISBN:
9780191715013
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245390.001.0001
Subject:
Law, Criminal Law and Criminology

In the modern world, it is increasingly difficult for criminal law to be applied on a narrow territorial basis. This is especially apparent in the context of international fraud, drug smuggling, ... More


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