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Peremptory Norms as International Public Order

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/9780199546114.003.0002
Subject:
Law, Public International Law

This chapter focuses on the origins of the notion of jus cogens (public order/public policy) and examines its fundamental characteristics by reference to different national legal systems. It then ... More


Public International Law in Twentieth-century England

James Crawford

in Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270583
eISBN:
9780191710230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270583.003.0021
Subject:
Law, Legal History

Lassa Oppenheim, Hersch Laurerpacht, and Georg Schwarzenberger played a significant role in their time in teaching and writing about general public international law in the United Kingdom. Oppenheim, ... More


Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Erich Vranes

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.001.0001
Subject:
Law, Public International Law, EU Law

This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The ... More


Sources of European Union Administrative Law

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on the sources of European administrative law. It addresses the sources of administrative law more from the perspective of setting the framework for such forms of administrative ... More


The Pitcairn Prosecutions: An Assessment of Their Historical Context by Reference to the Provisions of Public International Law

Dino Kritsiotis and A. W. B. Simpson

in Justice, Legality and the Rule of Law: Lessons from the Pitcairn Prosecutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568666
eISBN:
9780191721595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568666.003.0005
Subject:
Law, Public International Law

This chapter begins with an assessment of the basis or bases for the assertion of jurisdiction by the United Kingdom over Pitcairn Island as understood in public international law. It does so by a ... More


Environmental Migration ∗

Jane McAdam

in Global Migration Governance

Published in print:
2011
Published Online:
January 2011
ISBN:
9780199600458
eISBN:
9780191723544
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600458.003.0007
Subject:
Political Science, Political Theory, International Relations and Politics

Environmental migration is not a new phenomenon. Natural and human-induced environmental disasters have displaced people in the past and continue to do so. Nevertheless, the environmental events and ... More


The Right to Have Rights: Citizenship, Humanity, and International Law

Alison Kesby

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.001.0001
Subject:
Law, Public International Law

Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a ... More


Rules of International Law in English Courts

Vaughan Lowe

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0029
Subject:
Law, Legal History

This chapter examines the question of the proper relationship between Public International Law and the English courts. It considers the standing and the role of international law in English courts, ... More


What Place for Doctrine in a Time of Fragmentation?

Anthony Carty

in Philosophy of International Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748622559
eISBN:
9780748652525
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748622559.003.0001
Subject:
Philosophy, Political Philosophy

This chapter begins with a discussion of a definition of doctrine and its present problematic in public international law. It refers to two recent French works, the Dictionnaire encyclopédique de ... More


The Right to have Rights as Nationality

Alison Kesby

in The Right to Have Rights: Citizenship, Humanity, and International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.003.0003
Subject:
Law, Public International Law

Chapter 2 examines the emancipatory potential and limits of the right to have rights conceived in terms of the right to a nationality. Four different conceptions of the right are examined and ... More


‘A New Legal Order of International Law’: On the Relationship between Public International Law and European Union Law after Kadi

Horst G Krenzler and Oliver Landwehr

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0063
Subject:
Law, Public International Law

This chapter seeks to clarify the relationship between international law and the EU legal order — a question that is often reduced to whether World Trade Organization law has or should have direct ... More


The Politics of Law-Making: Are the Method and Character of Norm Creation Changing?

Vaughan Lowe

in The Role of Law in International Politics: Essays in International Relations and International Law

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244027
eISBN:
9780191713224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244027.003.0011
Subject:
Law, Public International Law

This chapter is concerned with the sources of public international law and the methods of law creation. It refers to both under the rubric of ‘sources doctrine’. It considers what changes might be ... More


The Right to have Rights as a ‘Place in the World’

Alison Kesby

in The Right to Have Rights: Citizenship, Humanity, and International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600823
eISBN:
9780191738272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600823.003.0002
Subject:
Law, Public International Law

Chapter 1 examines the right to have rights in the context of the movement of people across borders. In the present international system of states, it is imperative that each person has a ‘place in ... More


Contexts of Transnational Law

Uwe Kischel

in Comparative Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198791355
eISBN:
9780191833830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791355.003.0011
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This concluding chapter addresses transnational law. Public international law and European Union law are by no means the only transnational legal orders. There are also smaller transnational systems ... More


Culture and International Law

Lan Cao

in Culture in Law and Development: Nurturing Positive Change

Published in print:
2016
Published Online:
June 2016
ISBN:
9780199915231
eISBN:
9780199362936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199915231.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

The purpose of this chapter is to demonstrate why and how international law as a discipline has been neglectful of culture. The acultural tradition of international law is deeply embedded in the ... More


Legal policy

F. A. R. Bennion

in Understanding Common Law Legislation: Drafting and Interpretation

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.003.0011
Subject:
Law, Constitutional and Administrative Law

A principle of statutory interpretation embodies legal policy, which is based on public policy. The content is what judges think and say it is, though they are guided by relevant legislation. Legal ... More


Two Legal Orders: Distinguishing Features of the Intergovernmental Pillars 1

Eileen Denza

in The Intergovernmental Pillars of the European Union

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198299356
eISBN:
9780191685682
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299356.003.0002
Subject:
Law, EU Law

This chapter examines the distinguishing legal features of the intergovernmental pillars of the European Union (EU). It explains that the pillars are ... More


European Civil Procedure and Public International Law

Burkhard Hess

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0059
Subject:
Law, Public International Law

This chapter focuses not only on European civil procedural law, but it also explores its relations with public international law. This explains rests on the following observations. On the one hand, ... More


Individual- and State-Centered Perspectives in Nineteenth-Century Private International Law

Roxana Banu

in Nineteenth Century Perspectives on Private International Law

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198819844
eISBN:
9780191860102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198819844.003.0002
Subject:
Law, Private International Law

This chapter discusses two different intellectual motivations in nineteenth-century PrIL, namely the attempt to align PrIL with PublIL and with private law respectively. The chapter shows that ... More


The Relevance of Private International Law to the Global Governance Debate

Horatia Muir Watt

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0001
Subject:
Law, Private International Law, Constitutional and Administrative Law

While ongoing debates reveal emerging responses to distributional issues beyond the Western welfare state, and new conceptions of private transnational authority, it seems that PIL stands aloof, ... More


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