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Diplomacy and Debate

Sydney D. Bailey and Sam Daws

in The Procedure of the UN Security Council

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198280736
eISBN:
9780191598746
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198280734.003.0004
Subject:
Political Science, International Relations and Politics

Looks at diplomacy and debate at the UN Security Council, and the role of procedural rules and practice in these activities. The first four sections of the chapter describe the rules for: the order ... More


Procedures for Conducting the Claims Process

HOWARD M. HOLTZMANN and EDDA KRISTJÁNSDÓTTIR

in International Mass Claims Processes: Legal and Practical Perspectives

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199207442
eISBN:
9780191708695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207442.003.0005
Subject:
Law, Private International Law

This chapter discusses claims process procedures. Topics covered include whether an existing set of recognized procedural rules is incorporated by reference and, where there is such incorporation, ... More


The Legal Approach to Procedural Fairness

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0011
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter describes and analyses the general judicial approach to procedural fairness. It examines a number of issues: the tests developed by English law as to who is entitled to fair procedures; ... More


The Rights of Private Parties under EU Law and Member State Remedies and Procedural Rules: Background

Angela Ward

in Judicial Review and the Rights of Private Parties in EU Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199206865
eISBN:
9780191695667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206865.003.0003
Subject:
Law, Constitutional and Administrative Law

The chapter provides a historical background of how the legal principles of non-discrimination and effectiveness emerged and how those concepts serve as a primary factor in intensifying ... More


Social Practices of Rule-Making

Mark Raymond

in Social Practices of Rule-Making in World Politics

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190913113
eISBN:
9780190913144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190913113.003.0002
Subject:
Political Science, International Relations and Politics, Political Theory

This chapter begins by outlining the conceptions of rules, institutions, and social practices employed throughout the book. It demonstrates that attention to procedural rules for rule-making and ... More


Proving Constitutional Facts: Sources and Burdens of Proof for Doctrinal, Reviewable, and Case-Specific Facts

David L. Faigman

in Constitutional Fictions: A Unified Theory of Constitutional Facts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195341270
eISBN:
9780199866878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341270.003.0005
Subject:
Law, Constitutional and Administrative Law

Until now, no scholar has attempted to bring procedural order to the subject of fact-finding in constitutional cases. In ordinary cases, a vast array of procedural and evidentiary rules applies to ... More


The Limits of Process

Robin West

in Getting to the Rule of Law: NOMOS L

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814728437
eISBN:
9780814728789
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814728437.003.0002
Subject:
Political Science, Political Theory

This chapter discusses how there is some significance in expanding the rule of law to include a procedural dimension, particularly given contemporary national, global, and political realities. Due to ... More


Human Rights in International Criminal Proceedings

Salvatore Zappalà

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199258918
eISBN:
9780191718120
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258918.001.0001
Subject:
Law, Human Rights and Immigration, Private International Law

This book takes a procedural approach to human rights guarantees in international criminal proceedings and covers both the systems of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the ... More


The Woolf Reforms: A Singular Event or an Ongoing Process?

Anthony Clarke

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on a concrete change which Woolf's reforms have made to English civil justice and procedural reform. Woolf intended to bring about a reduction in complexity, cost, and delay ... More


Rules for State Conduct in the Cyber Domain

Mark Raymond

in Social Practices of Rule-Making in World Politics

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190913113
eISBN:
9780190913144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190913113.003.0006
Subject:
Political Science, International Relations and Politics, Political Theory

This chapter explains the puzzling 2013 agreement of the UN Group of Governmental Experts (GGE) on cybersecurity that existing international law applies to state military use of information and ... More


Conclusion

Mark Raymond

in Social Practices of Rule-Making in World Politics

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190913113
eISBN:
9780190913144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190913113.003.0007
Subject:
Political Science, International Relations and Politics, Political Theory

The concluding chapter summarizes the main argument of the book concerning the nature and operation of social practices of rule-making and reviews the main findings from the four empirical cases. It ... More


Antiquity: The Dawn of the ‘Humanities’

Rens Bod

in A New History of the Humanities: The Search for Principles and Patterns from Antiquity to the Present

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199665211
eISBN:
9780191757471
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665211.003.0002
Subject:
History, History of Ideas

The humanities came about in a variety of ways—as part of a ritual, as a consequence of philosophy, and sometimes as a political instrument. This chapter goes into the methodological principles that ... More


Social Practices of Rule-Making and the Global War on Terror

Mark Raymond

in Social Practices of Rule-Making in World Politics

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190913113
eISBN:
9780190913144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190913113.003.0005
Subject:
Political Science, International Relations and Politics, Political Theory

This chapter examines public dialogue between al-Qaeda and the United States from 1996 until the 2003 invasion of Iraq. Both sides spoke clearly and consistently about actual and preferred rules for ... More


Does Increased Litigation Increase Justice in a Second-Best World?

Jeremy Kidd and Todd J. Zywicki

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0010
Subject:
Political Science, American Politics

This chapter discusses the theory of the second best, which urges caution in deciding questions of increased access to the courts. It presents the reasons why procedural rules that increase ... More


A Tamer Tort Law: The Canada-U.S. Divide

Michael Trebilcock and Paul-Erik Veel

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0011
Subject:
Political Science, American Politics

This chapter explores the Canadian tort system and how it differs from American tort law. The areas for comparison are amount of tort litigation, liability standards, quantum rules, and procedural ... More


The Legislative Embedding of the Governance of EU Equality Law

Elise Muir

in EU Equality Law: The First Fundamental Rights Policy of the EU

Published in print:
2018
Published Online:
December 2018
ISBN:
9780198814665
eISBN:
9780191852350
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814665.003.0005
Subject:
Law, EU Law

Earlier chapters have warned against relying too heavily on a constitutional narrative to address the protection of fundamental rights in the EU. This indeed risks hindering political debate on ... More


Banning War: Social Practices of Rule-Making in the Interwar Period

Mark Raymond

in Social Practices of Rule-Making in World Politics

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190913113
eISBN:
9780190913144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190913113.003.0004
Subject:
Political Science, International Relations and Politics, Political Theory

This chapter questions standard interpretations of the interwar period as one of failed utopianism. It demonstrates that the Locarno agreements and especially the Kellogg-Briand Pact were part of a ... More


Refining Religious Arbitration in the United States and AbroadThe Jewish Experience

Michael J. Broyde

in Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190640286
eISBN:
9780190640316
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190640286.003.0008
Subject:
Law, Constitutional and Administrative Law

The general framework established by American arbitration law creates various basic requirements for arbitration agreements to be recognized and arbitral awards to be enforced by courts. Even if ... More


The Social Construction of Great Power Management, 1815–1822

Mark Raymond

in Social Practices of Rule-Making in World Politics

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190913113
eISBN:
9780190913144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190913113.003.0003
Subject:
Political Science, International Relations and Politics, Political Theory

This chapter shows that secondary rules help to explain the emergence of active practices of great power management of the international system after the Napoleonic Wars. Actors were aware of ... More


Introduction

Mark Raymond

in Social Practices of Rule-Making in World Politics

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190913113
eISBN:
9780190913144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190913113.003.0001
Subject:
Political Science, International Relations and Politics, Political Theory

This chapter begins by identifying a gap in International Relations scholarship. Despite many proposed mechanisms by which actors create and change various forms of shared knowledge (such as ... More


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