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Neo‐liberal Rights: A Wider Perspective

Raymond Plant

in The Neo-liberal State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199281756
eISBN:
9780191713040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199281756.003.0013
Subject:
Political Science, Comparative Politics, Political Theory

This chapter focuses on the critique of rights when they extend beyond protecting negative liberty as set out in Chapter 5. First of all, if the idea of negative liberty is defective, then so too is ... More


Protecting the Right to Life with Limited Public Resources

Elizabeth Wicks

in The Right to Life and Conflicting Interests

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199547395
eISBN:
9780191594373
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547395.003.0009
Subject:
Law, Human Rights and Immigration, Medical Law

This chapter investigates whether the fact that public resources are limited provides an excuse for a failure on the part of the state to intervene to save life. While courts are reluctant to ... More


Models of Extraterritorial Application

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/9780199696208.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter concludes the interpretative inquiry into the meaning of the jurisdiction clauses, and elaborates on the several possible models of extraterritorial application of human rights treaties. ... More


Impact on State Responsibility

Robert McCorquodale

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the extent to which general international law principles of state responsibility have been influenced by international human rights law, rather than the impact of state ... More


Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

Christine Bakker

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them ... More


The Right to Life and the Quality of Life

Elizabeth Wicks

in The Right to Life and Conflicting Interests

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199547395
eISBN:
9780191594373
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547395.003.0008
Subject:
Law, Human Rights and Immigration, Medical Law

This chapter investigates the potentially conflicting interest of quality of life. It considers whether the right to life continues to offer protection for incompetent patients with negligible ... More


Conclusion: The Right to Life and Conflicting Interests

Elizabeth Wicks

in The Right to Life and Conflicting Interests

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199547395
eISBN:
9780191594373
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547395.003.0010
Subject:
Law, Human Rights and Immigration, Medical Law

This final chapter concludes by summarising the circumstances in which the right to life may conflict with, and be outweighed by, other interests. It focuses upon the vital distinction between ... More


Social Justice and Neo‐liberalism: A Critique

Raymond Plant

in The Neo-liberal State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199281756
eISBN:
9780191713040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199281756.003.0012
Subject:
Political Science, Comparative Politics, Political Theory

We have seen that the neo-liberal sees social justice as the mistaken and illusory value distinctively pursued by Social Democrats. In this chapter the details of the neo‐liberal critique are ... More


Positive Human Rights Obligations of the Hiring State in Connection with the Provision of ‘Coercive Services’ by a Private Military or Security Company

Carsten Hoppe

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses the positive obligations under human rights law of states (contracting states) hiring private military and security companies (PMSCs) in situations of conflict. Based on ... More


Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights

Giulia Pinzauti

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses the challenges to the supervision and adjudication of human rights breaches committed by PMSCs in wartime before the European Court of Human Rights (ECtHR). It argues that, to ... More


Substantive Obligations Under Human Rights Clauses

Lorand Bartels

in Human Rights Conditionality in the EU's International Agreements

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199277193
eISBN:
9780191699931
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199277193.003.0007
Subject:
Law, Public International Law

Further issues arise from the fact that human rights clauses impose obligations on the parties to respect the human rights norms set out in the essential elements clause. This chapter look precisely ... More


Protecting Minority Groups through Human Rights Courts: The Interpretive Role of European and Inter-American Jurisprudence *

Gaetano Pentassuglia

in The Cultural Dimension of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199642120
eISBN:
9780191770401
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199642120.003.0004
Subject:
Law, Human Rights and Immigration

This chapter discusses convergences and divergences between the jurisprudence of the European Court of Human Rights and the Inter-American Court of Human Rights regarding ethno-cultural minority ... More


The Catalytic Court

Katharine G. Young

in Constituting Economic and Social Rights

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199641932
eISBN:
9780191746086
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641932.003.0006
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter introduces the concept of a judicial “role conception”. A role conception assists the court in maintaining democratic legitimacy, adherence to opinions and execution of orders. The ... More


The Global Model of Constitutional Rights

Kai Möller

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now ... More


The Content of State Obligations

Irini Papanicolopulu

in International Law and the Protection of People at Sea

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198789390
eISBN:
9780191831249
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789390.003.0005
Subject:
Law, Public International Law

The chapter discusses the content of the legal obligations owed by States to people at sea. It first argues in favour of the emergence of a new general principle of international law, according to ... More


European Partners in Multinational Military Operations—Extended Legal Restraints: The ECtHR’s Rights-based Conception of Precautions in and against the Effects of Attacks

Tilmann Altwicker

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/9780198842965.003.0013
Subject:
Law, Public International Law

The European Court of Human Rights (ECtHR) has developed a rights-based conception of precautions that has implications both for law enforcement and military operations alike. In the military ... More


The Strasbourg Court ‘Comes of Age’ (The Judgments of the Late 1970s)

Ed Bates

in The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.003.0008
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines several key judgments from the late 1970s. It begins with an overview which emphasizes the importance of the contribution made by the Court of the late 1970s to the Strasbourg ... More


Negative and Positive Freedom

Kai Möller

in The Global Model of Constitutional Rights

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 2 argues that the value protected by constitutional rights must be positive freedom, or personal autonomy: in particular the doctrines of positive obligations and horizontal effect and the ... More


Territorial Jurisdiction and Positive Obligations of an Occupied State: Some Reflections on Evolving Issues under Article 1 of the Convention

Ganna Yudkivska

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/9780198830009.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

The international law of occupation—as it has developed since the nineteenth century—traditionally regulates the conduct and obligations of occupying forces. Very little is said about the obligations ... More


EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0008
Subject:
Law, Human Rights and Immigration

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in ... More


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