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Tools for Compliance

Elisa Morgera

in Corporate Accountability in International Environmental Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199558018
eISBN:
9780191705311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558018.003.0009
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter frames in more theoretical terms the discussion on available mechanisms at the disposal of international organizations for encouraging or ensuring compliance with standards in their ... More


The Lex Mercatoria as a Legal System

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0008
Subject:
Law, Company and Commercial Law, Private International Law

This chapter examines the lex mercatoria as an autonomous a-national ‘legal system’. It tests a-national law against Hart’s concept of law and explores secondary rules within the lex mercatoria. The ... More


The Legal Order II: Secondary Rules

in H.L.A. Hart, Second Edition

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756785
eISBN:
9780804779562
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756785.003.0010
Subject:
Law, Philosophy of Law

According to H. L. A. Hart, “rules of obligation” are the primary or ground-floor element of legal order. The systemic quality of law is reflected in the fact that primary rules of obligation can be ... 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


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


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


Case Study: Laws as Frame Principles

Brian Epstein

in The Ant Trap: Rebuilding the Foundations of the Social Sciences

Published in print:
2015
Published Online:
March 2015
ISBN:
9780199381104
eISBN:
9780199381128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199381104.003.0008
Subject:
Philosophy, Philosophy of Science, Metaphysics/Epistemology

This chapter uses theories of law and legality to illuminate the grounding−anchoring model of the social world. Understanding laws to be frame principles helps clarify both the model and also the ... More


The International Law Commission and Community Interests

Georg Nolte

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0007
Subject:
Law, Public International Law

The chapter looks at community interests from the perspective of the International Law Commission. It examines both secondary and primary rules of international law, as they have been articulated by ... 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


Framework for an Analytical Account—The ‘Autonomous’ Status of the Lex Mercatoria

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0005
Subject:
Law, Company and Commercial Law, Private International Law

This chapter examines the status of the lex mercatoria as autonomous law by discussing the concept of ‘a-national usage’. It is controversial whether the lex mercatoria is an autonomous legal system. ... More


Social Practices of Rule-Making in World Politics

Mark Raymond

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190913113
eISBN:
9780190913144
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190913113.001.0001
Subject:
Political Science, International Relations and Politics, Political Theory

Social Practices of Rule-Making in World Politics identifies a class of social practices of rule-making, interpretation, and application, demonstrating the causal importance of these practices (and ... 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


The Existential Function of Interpretation in International Law

Duncan B. Hollis

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0004
Subject:
Law, Public International Law, Constitutional and Administrative Law

For most international lawyers, interpretation involves acts giving meaning to a particular legal rule. However, in international law, the meaning arrived at by an interpreter is not simply a ... More


Community Interests in the Identification of International Law: With a Special Emphasis on Treaty Interpretation and Customary Law Identification

Samantha Besson

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0004
Subject:
Law, Public International Law

This chapter identifies the ways in which community interests are channeled into the identification and interpretation of international law and assesses these developments normatively. It argues that ... More


The Decay of Modern Customary International Law in Spite of Scholarly Heroism

Jean d’Aspremont

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0002
Subject:
Law, Public International Law

This article examines the conceptual artifices that made international custom—and behaviorally generated normativity—possible in international law and shows how international lawyers’ repeated fixes ... More


Introduction

Carla Ferstman

in International Organizations and the Fight for Accountability: The Remedies and Reparations Gap

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808442
eISBN:
9780191846144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808442.003.0001
Subject:
Law, Public International Law

The chapter provides an overall introduction to the book. It explains the subject matter of the book, which is an exploration of the challenges to obtain remedies and reparation for harm suffered in ... More


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