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Formation of Contract

Reinhard Zimmermann

in The Law of Obligations: Roman Foundations of the Civilian Tradition

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198764267
eISBN:
9780191695247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764267.003.0018
Subject:
Law, Law of Obligations

This chapter discusses the formation of a contract. A contract is based on the consent of the parties thereto. The scope of such consent is not confined to a number of specifically recognised types ... More


Loyalty in Context

Marcus Klamert

in The Principle of Loyalty in EU Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199683123
eISBN:
9780191763182
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199683123.003.0002
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 2 discusses various concepts related to Union loyalty, such as constitutional and federal loyalty, federal fidelity (Bundestreue in German law), the Union law principle of solidarity, and the ... More


Umbrella Clauses as Public Law Concepts in Comparative Perspective

Stephan W. Schill

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/9780199589104.003.0010
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter deals with the function, scope, and effect of umbrella clauses in international investment treaties. It proposes to understand the clauses as breaking with customary international law ... More


Thesis of the Book

Eirik Bjorge

in Domestic Application of the ECHR: Courts as Faithful Trustees

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198743637
eISBN:
9780191803246
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743637.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

Setting out the thesis of the book, this chapter explains how the French, German, and UK domestic courts go about applying the European Convention on Human Rights (ECHR), drawing out the normative ... More


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


Arbitration Agreement

Hong-Lin Yu

in Commercial Arbitration

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861070
eISBN:
9781474406154
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861070.003.0004
Subject:
Law, Company and Commercial Law

This chapter provides an overview of the nature of arbitration agreements. An arbitration agreement between the parties is regarded as a contract which expressly states the parties' wish to have ... More


The Role of Fault in Contract Law

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0012
Subject:
Law, Company and Commercial Law

Chapter 12 considers the role of fault in contract law. Restatement Second of Contracts provides that “Contract liability is strict liability. It is an accepted maxim that pacta sunt servanda, ... More


Recognizing Indivisibility, Bridging Divides: Visions and Solutions for the Future of the Trade and Human Rights Relationship

Berta Esperanza Hernández-Truyol and Stephen Joseph Powell

in Just Trade: A New Covenant Linking Trade and Human Rights

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814736937
eISBN:
9780814790861
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814736937.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter outlines visions and solutions aimed at bridging the divides between trade and human rights. It first considers the contradictions as well as the synchronicity between international ... More


Odious Debt, Adverse Creditors, and the Democratic Ideal

Margot E Salomon and Robert Howse

in Sovereign Debt and Human Rights

Published in print:
2018
Published Online:
January 2019
ISBN:
9780198810445
eISBN:
9780191847783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198810445.003.0023
Subject:
Law, Human Rights and Immigration, Public International Law

In the context of transitions from authoritarianism to democracy, the odious debt doctrine has often been raised as a claim to adjust or sever sovereign debt obligations, based on the purported ... More


Introduction

Georg Nolte

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0001
Subject:
Law, Public International Law

This introductory chapter presents methodological issues which are at stake when domestic courts interpret treaties and other rules of international law. From an internal perspective of a given ... More


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