Morwenna Ludlow
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199280766
- eISBN:
- 9780191712906
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280766.003.0002
- Subject:
- Religion, Early Christian Studies
This chapter presents an overview of the four different interpretations of the doctrine of the Trinity discussed in the two succeeding chapters included in Part I of this book. All of them use ...
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This chapter presents an overview of the four different interpretations of the doctrine of the Trinity discussed in the two succeeding chapters included in Part I of this book. All of them use Gregory of Nyssa's writings; some focus on him in more detail than others. The authors have been divided into two pairs, each highlighting a particular interpretation of Gregory's work, that is, Gregory as philosopher and Gregory as a (proto-) ‘social Trinitarian’.Less
This chapter presents an overview of the four different interpretations of the doctrine of the Trinity discussed in the two succeeding chapters included in Part I of this book. All of them use Gregory of Nyssa's writings; some focus on him in more detail than others. The authors have been divided into two pairs, each highlighting a particular interpretation of Gregory's work, that is, Gregory as philosopher and Gregory as a (proto-) ‘social Trinitarian’.
Michelle T. Grando
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199572649
- eISBN:
- 9780191722103
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572649.001.0001
- Subject:
- Law, Public International Law
This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of ...
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This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case; and (b) to make suggestions for improvement. This book analyses questions such as: (i) Which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof)?; (ii) What quantum of proof is necessary to convince the panel (standard of proof)?; (iii) The role of the panel, disputing parties, and non-disputing parties (e.g,. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) The consequences of a party's failure to cooperate in the process of fact-finding; (v) How the parties can access the information which is necessary to prove their allegations; and (vi) The treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world — the common law and the civil law — and to the extent possible, the approaches adopted by other international courts and tribunals.Less
This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case; and (b) to make suggestions for improvement. This book analyses questions such as: (i) Which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof)?; (ii) What quantum of proof is necessary to convince the panel (standard of proof)?; (iii) The role of the panel, disputing parties, and non-disputing parties (e.g,. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) The consequences of a party's failure to cooperate in the process of fact-finding; (v) How the parties can access the information which is necessary to prove their allegations; and (vi) The treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world — the common law and the civil law — and to the extent possible, the approaches adopted by other international courts and tribunals.
I. TSUROV
- Published in print:
- 2007
- Published Online:
- January 2012
- ISBN:
- 9780197264027
- eISBN:
- 9780191734908
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264027.003.0021
- Subject:
- Classical Studies, Archaeology: Classical
The Roman city of Nicopolis ad Istrum and its territory lie in north central Bulgaria. Although the exact extent of the ancient city's territorial jurisdiction is unknown, in general terms the ...
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The Roman city of Nicopolis ad Istrum and its territory lie in north central Bulgaria. Although the exact extent of the ancient city's territorial jurisdiction is unknown, in general terms the location of its fertile heartland is readily identifiable. The hinterland of the city was within the Roman province of Thrace from the foundation of Nicopolis c.AD 108 down to c.AD 193 when it was transferred to the province of Moesia Inferior. It comprised three distinct regions with different geographical characteristics. The southern part included the upland slopes of the Turnovo hills. The middle region, where the city was located, included the river valleys of the Rositsa and part of the Yantra while the third formed part of the agriculturally fertile light soils of the Danube basin. Within this area, survey has identified more than 300 settlements, dating from the first to the sixth centuries AD, all of which have been recorded as part of the national programme for the identification and description of ancient settlements.Less
The Roman city of Nicopolis ad Istrum and its territory lie in north central Bulgaria. Although the exact extent of the ancient city's territorial jurisdiction is unknown, in general terms the location of its fertile heartland is readily identifiable. The hinterland of the city was within the Roman province of Thrace from the foundation of Nicopolis c.AD 108 down to c.AD 193 when it was transferred to the province of Moesia Inferior. It comprised three distinct regions with different geographical characteristics. The southern part included the upland slopes of the Turnovo hills. The middle region, where the city was located, included the river valleys of the Rositsa and part of the Yantra while the third formed part of the agriculturally fertile light soils of the Danube basin. Within this area, survey has identified more than 300 settlements, dating from the first to the sixth centuries AD, all of which have been recorded as part of the national programme for the identification and description of ancient settlements.
Helena Hamerow
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199203253
- eISBN:
- 9780191741760
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199203253.001.0001
- Subject:
- History, British and Irish Medieval History
In the course of the fifth century, the Roman farms and villas of lowland Britain were replaced by the new, distinctive settlements of Anglo-Saxon communities. This volume presents a major synthesis ...
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In the course of the fifth century, the Roman farms and villas of lowland Britain were replaced by the new, distinctive settlements of Anglo-Saxon communities. This volume presents a major synthesis of the evidence, now rapidly growing, for such settlements from across England and throughout the Anglo-Saxon period. Its aim is to explore what this evidence reveals about the communities who lived in them and whose daily lives went almost wholly unrecorded. The book examines the appearance, ‘life-cycles’ and function of their buildings; the relationship of Anglo-Saxon settlements to the Romano-British landscape and to later medieval villages; the role of ritual in daily life; what distinguished ‘rural’ from ‘urban’; and the relationship between farming regimes and settlement forms. A central theme throughout the book is the impact on rural producers of the rise of lordship and markets, and how this impact is reflected in the remains of their settlements.Less
In the course of the fifth century, the Roman farms and villas of lowland Britain were replaced by the new, distinctive settlements of Anglo-Saxon communities. This volume presents a major synthesis of the evidence, now rapidly growing, for such settlements from across England and throughout the Anglo-Saxon period. Its aim is to explore what this evidence reveals about the communities who lived in them and whose daily lives went almost wholly unrecorded. The book examines the appearance, ‘life-cycles’ and function of their buildings; the relationship of Anglo-Saxon settlements to the Romano-British landscape and to later medieval villages; the role of ritual in daily life; what distinguished ‘rural’ from ‘urban’; and the relationship between farming regimes and settlement forms. A central theme throughout the book is the impact on rural producers of the rise of lordship and markets, and how this impact is reflected in the remains of their settlements.
Alan Bowman and Andrew Wilson (eds)
- Published in print:
- 2011
- Published Online:
- May 2012
- ISBN:
- 9780199602353
- eISBN:
- 9780191731570
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199602353.001.0001
- Subject:
- Classical Studies, European History: BCE to 500CE, Archaeology: Classical
This volume is a collection of studies focusing on population and settlement patterns in the Roman empire in the perspective of the economic development of the Mediterranean world c. 100 BC to AD ...
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This volume is a collection of studies focusing on population and settlement patterns in the Roman empire in the perspective of the economic development of the Mediterranean world c. 100 BC to AD 350. The analyses offered here highlight the issues of regional and temporal variation: Italy, Spain, Britain, Egypt, Crete, Asia Minor from the Roman republic to the early Byzantine period. Although they are by no means exhaustive, the contributions to this volume sketch out the varied landscapes in which the many general issues raised need to be further analysed. The relationship between urban settlements and their environs and the economy of rural settlements in or beyond those environs is crucial, and the authors suggest particular aspects that might repay analysis: the physical size of settlements and the relationship between size, location, and distribution. The chapters fall into two main groups, the first dealing with the evidence for rural settlement as revealed by archaeological field surveys, and the attendant methodological problems of extrapolating from that evidence to a view of population; and the second with city populations and the phenomenon of urbanization. They proceed to consider hierarchies of settlement in the characteristic classical pattern of city plus territory, the way in which those entities are defined, from the highest to the lowest level: the empire as ‘city of Rome plus territory‘, then regional and local hierarchies, and, more precisely, the identity and the nature of the ‘instruments‘ that enable them to function in economic cohesion.Less
This volume is a collection of studies focusing on population and settlement patterns in the Roman empire in the perspective of the economic development of the Mediterranean world c. 100 BC to AD 350. The analyses offered here highlight the issues of regional and temporal variation: Italy, Spain, Britain, Egypt, Crete, Asia Minor from the Roman republic to the early Byzantine period. Although they are by no means exhaustive, the contributions to this volume sketch out the varied landscapes in which the many general issues raised need to be further analysed. The relationship between urban settlements and their environs and the economy of rural settlements in or beyond those environs is crucial, and the authors suggest particular aspects that might repay analysis: the physical size of settlements and the relationship between size, location, and distribution. The chapters fall into two main groups, the first dealing with the evidence for rural settlement as revealed by archaeological field surveys, and the attendant methodological problems of extrapolating from that evidence to a view of population; and the second with city populations and the phenomenon of urbanization. They proceed to consider hierarchies of settlement in the characteristic classical pattern of city plus territory, the way in which those entities are defined, from the highest to the lowest level: the empire as ‘city of Rome plus territory‘, then regional and local hierarchies, and, more precisely, the identity and the nature of the ‘instruments‘ that enable them to function in economic cohesion.
Peter S. Wells
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691143385
- eISBN:
- 9781400844777
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691143385.001.0001
- Subject:
- Archaeology, Historical Archaeology
The peoples who inhabited Europe during the two millennia before the Roman conquests had established urban centers, large-scale production of goods such as pottery and iron tools, a money economy, ...
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The peoples who inhabited Europe during the two millennia before the Roman conquests had established urban centers, large-scale production of goods such as pottery and iron tools, a money economy, and elaborate rituals and ceremonies. Yet as this book argues, the visual world of these late prehistoric communities was profoundly different from those of ancient Rome's literate civilization and today's industrialized societies. Drawing on startling new research in neuroscience and cognitive psychology, the book reconstructs how the peoples of pre-Roman Europe saw the world and their place in it. It sheds new light on how they communicated their thoughts, feelings, and visual perceptions through the everyday tools they shaped, the pottery and metal ornaments they decorated, and the arrangements of objects they made in their ritual places—and how these forms and patterns in turn shaped their experience. The book offers a completely new approach to the study of Bronze Age and Iron Age Europe, and represents a major challenge to existing views about prehistoric cultures. It demonstrates why we cannot interpret the structures that Europe's pre-Roman inhabitants built in the landscape, the ways they arranged their settlements and burial sites, or the complex patterning of their art on the basis of what these things look like to us. Rather, we must view these objects and visual patterns as they were meant to be seen by the ancient peoples who fashioned them.Less
The peoples who inhabited Europe during the two millennia before the Roman conquests had established urban centers, large-scale production of goods such as pottery and iron tools, a money economy, and elaborate rituals and ceremonies. Yet as this book argues, the visual world of these late prehistoric communities was profoundly different from those of ancient Rome's literate civilization and today's industrialized societies. Drawing on startling new research in neuroscience and cognitive psychology, the book reconstructs how the peoples of pre-Roman Europe saw the world and their place in it. It sheds new light on how they communicated their thoughts, feelings, and visual perceptions through the everyday tools they shaped, the pottery and metal ornaments they decorated, and the arrangements of objects they made in their ritual places—and how these forms and patterns in turn shaped their experience. The book offers a completely new approach to the study of Bronze Age and Iron Age Europe, and represents a major challenge to existing views about prehistoric cultures. It demonstrates why we cannot interpret the structures that Europe's pre-Roman inhabitants built in the landscape, the ways they arranged their settlements and burial sites, or the complex patterning of their art on the basis of what these things look like to us. Rather, we must view these objects and visual patterns as they were meant to be seen by the ancient peoples who fashioned them.
Helen Keller, Magdalena Forowicz, and Lorenz Engi
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199600977
- eISBN:
- 9780191595820
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199600977.001.0001
- Subject:
- Law, Human Rights and Immigration, EU Law
The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly ...
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The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly resorted to by applicants and Contracting States. This book evaluates this largely unexplored instrument from doctrinal as well as practical perspectives, making recommendations to render the negotiations before the ECtHR more efficient and professional. The book examines questions relating to the admissibility as well as to the practical manageability of friendly settlements. In contrast to ordinary civil proceedings, the friendly settlements procedure has a mixed legal character: while settlements are an inter-partes procedure, they are also binding under international law, as the ECtHR often hands them down in the form of a judgment. In this context, the question arises as to how far the proceedings can be ‘privatised’ and where the limits to the monetisation of human rights violation lie. This book evaluates possible abuses and identifies the precautions that need to be taken in the framework of friendly settlements. This issue is linked to the question of whether the legal framework which governs the conclusion of a friendly settlement should be formulated in a more concrete manner, given that the position of the parties is unequal and that the role of the Court is hardly defined in this context. Furthermore, the book empirically examines whether the friendly settlement procedure is as advantageous in comparison to ordinary proceedings as others have argued. It also questions whether the friendly settlements procedure can provide the applicant with ‘more money faster’.Less
The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly resorted to by applicants and Contracting States. This book evaluates this largely unexplored instrument from doctrinal as well as practical perspectives, making recommendations to render the negotiations before the ECtHR more efficient and professional. The book examines questions relating to the admissibility as well as to the practical manageability of friendly settlements. In contrast to ordinary civil proceedings, the friendly settlements procedure has a mixed legal character: while settlements are an inter-partes procedure, they are also binding under international law, as the ECtHR often hands them down in the form of a judgment. In this context, the question arises as to how far the proceedings can be ‘privatised’ and where the limits to the monetisation of human rights violation lie. This book evaluates possible abuses and identifies the precautions that need to be taken in the framework of friendly settlements. This issue is linked to the question of whether the legal framework which governs the conclusion of a friendly settlement should be formulated in a more concrete manner, given that the position of the parties is unequal and that the role of the Court is hardly defined in this context. Furthermore, the book empirically examines whether the friendly settlement procedure is as advantageous in comparison to ordinary proceedings as others have argued. It also questions whether the friendly settlements procedure can provide the applicant with ‘more money faster’.
Jacques Werner
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199578184
- eISBN:
- 9780191722561
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578184.003.0006
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter explains why investor-state arbitration is often wrongfully likened to international commercial arbitration among private parties. Investor-state arbitrations involve not only private ...
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This chapter explains why investor-state arbitration is often wrongfully likened to international commercial arbitration among private parties. Investor-state arbitrations involve not only private business interests but also public policies of the host state and citizen rights. Arbitral awards on investor-state disputes risk lacking credibility and democratic acceptability if they overrule, in non-transparent proceedings, democratically legitimate government decisions on grounds of investor-state contracts. Similar to the introduction of appellate review in the GATT/WTO dispute settlement system, the transparency, legitimacy, and legal coherence of investor-state arbitration could be enhanced by introduction of an appellate instance.Less
This chapter explains why investor-state arbitration is often wrongfully likened to international commercial arbitration among private parties. Investor-state arbitrations involve not only private business interests but also public policies of the host state and citizen rights. Arbitral awards on investor-state disputes risk lacking credibility and democratic acceptability if they overrule, in non-transparent proceedings, democratically legitimate government decisions on grounds of investor-state contracts. Similar to the introduction of appellate review in the GATT/WTO dispute settlement system, the transparency, legitimacy, and legal coherence of investor-state arbitration could be enhanced by introduction of an appellate instance.
Lawrence Stone
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198202530
- eISBN:
- 9780191675386
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202530.003.0024
- Subject:
- History, British and Irish Early Modern History
This chapter presents a case study on bigamous marriage in England, focusing on the court case Tipping v. Roberts which was decided in 1733. The case involved Robert Tipping, Sarah Roberts, and ...
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This chapter presents a case study on bigamous marriage in England, focusing on the court case Tipping v. Roberts which was decided in 1733. The case involved Robert Tipping, Sarah Roberts, and Elizabeth Hughes. Robert married Sarah in 1704 and they had several children. He left her in 1714 to marry Elizabeth. Sarah filed a suit to force Robert to settle a maintenance allowance to support herself and her children. Robert settled out of court and provided what Sarah demanded. Sarah again filed for support and this time Robert only agreed on the condition that Sarah would sign a document denouncing any further claims on Robert. This was the de facto equivalent of a divorce settlement.Less
This chapter presents a case study on bigamous marriage in England, focusing on the court case Tipping v. Roberts which was decided in 1733. The case involved Robert Tipping, Sarah Roberts, and Elizabeth Hughes. Robert married Sarah in 1704 and they had several children. He left her in 1714 to marry Elizabeth. Sarah filed a suit to force Robert to settle a maintenance allowance to support herself and her children. Robert settled out of court and provided what Sarah demanded. Sarah again filed for support and this time Robert only agreed on the condition that Sarah would sign a document denouncing any further claims on Robert. This was the de facto equivalent of a divorce settlement.
Michelle T Grando
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199572649
- eISBN:
- 9780191722103
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572649.003.0005
- Subject:
- Law, Public International Law
This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter ...
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This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter is divided into two main parts. Section I discusses the role of the panel as a reviewer; it explains the limitations that are associated with this role in the context of challenges to domestic trade remedy investigations. It argues that, notwithstanding the views of some commentators, the same restrictions do not apply in cases brought before a panel under the sanitary and phytosanitary (SPS) and technical barriers to trade (TBT) agreements, where the panel acts as the original-trier-of-facts. Section II focuses on the role of the panel as the original-trier-of-facts. It examines how the factual record on which the panel bases its rulings is developed.Less
This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter is divided into two main parts. Section I discusses the role of the panel as a reviewer; it explains the limitations that are associated with this role in the context of challenges to domestic trade remedy investigations. It argues that, notwithstanding the views of some commentators, the same restrictions do not apply in cases brought before a panel under the sanitary and phytosanitary (SPS) and technical barriers to trade (TBT) agreements, where the panel acts as the original-trier-of-facts. Section II focuses on the role of the panel as the original-trier-of-facts. It examines how the factual record on which the panel bases its rulings is developed.
Erik Goldstein
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198215844
- eISBN:
- 9780191678226
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198215844.003.0001
- Subject:
- History, British and Irish Modern History, Military History
This introductory chapter discusses the importance of studying the planning phase in order to understand better British actions at the Paris Peace Conference of 1919. It suggests that though a third ...
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This introductory chapter discusses the importance of studying the planning phase in order to understand better British actions at the Paris Peace Conference of 1919. It suggests that though a third of the period between the armistice and the signing of the Treaty of Versailles was occupied solely with preparations, the histories of the peace settlement have neglected it because of a lack of information. It highlights the Foreign Office's creation of the Political Intelligence Department (PID) to coordinate and synthesize the materials that were to be used by British officials in the post-war negotiating table.Less
This introductory chapter discusses the importance of studying the planning phase in order to understand better British actions at the Paris Peace Conference of 1919. It suggests that though a third of the period between the armistice and the signing of the Treaty of Versailles was occupied solely with preparations, the histories of the peace settlement have neglected it because of a lack of information. It highlights the Foreign Office's creation of the Political Intelligence Department (PID) to coordinate and synthesize the materials that were to be used by British officials in the post-war negotiating table.
Alexander Orakhelashvili
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546114
- eISBN:
- 9780191712203
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546114.001.0001
- Subject:
- Law, Public International Law
This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. ...
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This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approached with sceptical nihilism, nevertheless attract growing doctrinal and practical attention, and have increasing importance in determining the permissible limits on the action of State and non-State actors in different areas. In view of this overriding impact on what might otherwise be instances of the law-making process, peremptory norms concern a constitutional aspect of international law. Peremptory norms are non-derogable norms, and the concept of derogation is among the key concepts analysed here. Derogation from peremptory norms can be attempted in a wide variety of situations, but if peremptory norms are to operate as norms and not merely as aspirations, they must generate consequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields. The hierarchical superiority of peremptory norms is not limited to the sphere of primary legal relations, but becomes most crucially relevant after a specific peremptory norm is breached. A norm's peremptory character is relevant not only for its substance but also for its consequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.Less
This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approached with sceptical nihilism, nevertheless attract growing doctrinal and practical attention, and have increasing importance in determining the permissible limits on the action of State and non-State actors in different areas. In view of this overriding impact on what might otherwise be instances of the law-making process, peremptory norms concern a constitutional aspect of international law. Peremptory norms are non-derogable norms, and the concept of derogation is among the key concepts analysed here. Derogation from peremptory norms can be attempted in a wide variety of situations, but if peremptory norms are to operate as norms and not merely as aspirations, they must generate consequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields. The hierarchical superiority of peremptory norms is not limited to the sphere of primary legal relations, but becomes most crucially relevant after a specific peremptory norm is breached. A norm's peremptory character is relevant not only for its substance but also for its consequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.
James Belich
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199297276
- eISBN:
- 9780191700842
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297276.003.0002
- Subject:
- History, World Modern History
The Anglophone settler explosion was a late flowering of a still greater phenomenon: modern European expansion. This may not have given the Europeans an immediate edge over the Chinese, but it ...
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The Anglophone settler explosion was a late flowering of a still greater phenomenon: modern European expansion. This may not have given the Europeans an immediate edge over the Chinese, but it certainly spread them further — to all six of the world's inhabitable continents. European expansion took three forms: networks, the establishment of ongoing systems of long-range interaction, usually for trade; empire, the control of other peoples, usually through conquest; and settlement, the reproduction of one's own society through long-range migration. The three forms continually overlapped in practice and blurred in theory. But it is important to distinguish them. European settlement came to dominate three-and-a-third continents, including Siberia. It still does. It was settlement, not empire, that had the spread and staying power in the history of European expansion, and it is time that historians of that expansion turned their attention to it.Less
The Anglophone settler explosion was a late flowering of a still greater phenomenon: modern European expansion. This may not have given the Europeans an immediate edge over the Chinese, but it certainly spread them further — to all six of the world's inhabitable continents. European expansion took three forms: networks, the establishment of ongoing systems of long-range interaction, usually for trade; empire, the control of other peoples, usually through conquest; and settlement, the reproduction of one's own society through long-range migration. The three forms continually overlapped in practice and blurred in theory. But it is important to distinguish them. European settlement came to dominate three-and-a-third continents, including Siberia. It still does. It was settlement, not empire, that had the spread and staying power in the history of European expansion, and it is time that historians of that expansion turned their attention to it.
Ronald Hutton
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198203926
- eISBN:
- 9780191676048
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203926.003.0010
- Subject:
- History, British and Irish Early Modern History, History of Religion
This chapter addresses the following questions: Whose victory did the Restoration Settlements represent? Who had effectively won in 1662? The reply most often given in recent years is that the King ...
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This chapter addresses the following questions: Whose victory did the Restoration Settlements represent? Who had effectively won in 1662? The reply most often given in recent years is that the King did, and that the Restoration represented the ultimate triumph of the royalist cause. The legal issue which had provoked the Great Civil War, the question of who controlled the militia, had been decided as Charles I had wished. None of the constitutional checks which the parliamentarians had sought to impose upon the monarchy from 1642 till 1660 had taken hold, and now the very notion of resisting the Crown was made the grounds for loss of office. According to this school of thought, the monarchy emerged from the Interregnum stronger than before, and only the Glorious Revolution prevented it from growing stronger still.Less
This chapter addresses the following questions: Whose victory did the Restoration Settlements represent? Who had effectively won in 1662? The reply most often given in recent years is that the King did, and that the Restoration represented the ultimate triumph of the royalist cause. The legal issue which had provoked the Great Civil War, the question of who controlled the militia, had been decided as Charles I had wished. None of the constitutional checks which the parliamentarians had sought to impose upon the monarchy from 1642 till 1660 had taken hold, and now the very notion of resisting the Crown was made the grounds for loss of office. According to this school of thought, the monarchy emerged from the Interregnum stronger than before, and only the Glorious Revolution prevented it from growing stronger still.
Helena Hamerow
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199203253
- eISBN:
- 9780191741760
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199203253.003.0003
- Subject:
- History, British and Irish Medieval History
The chapter first reviews the difficulties involved in establishing settlement layout. This is followed by a discussion of how settlement forms changed during the Anglo-Saxon period from unenclosed, ...
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The chapter first reviews the difficulties involved in establishing settlement layout. This is followed by a discussion of how settlement forms changed during the Anglo-Saxon period from unenclosed, dispersed settlements to more nucleated forms often characterized by enclosures. The distinction between rural and urban forms is discussed as is the relationship between Late Saxon and ‘medieval’ village layouts. Changes in layout are seen as reflecting changes in farming which would have encouraged the establishment of communal systems of enclosures. It is argued that the appearance of regular layouts from the Mid Saxon period onwards suggests a degree of legal control and, in some cases, the passing down of properties across several generations. The role of lordship in the creation of nucleated layouts is discussed along with the difficulties of defining the status of particular settlements. The conclusion discusses the emergence and characteristics of high-status settlements post c.600.Less
The chapter first reviews the difficulties involved in establishing settlement layout. This is followed by a discussion of how settlement forms changed during the Anglo-Saxon period from unenclosed, dispersed settlements to more nucleated forms often characterized by enclosures. The distinction between rural and urban forms is discussed as is the relationship between Late Saxon and ‘medieval’ village layouts. Changes in layout are seen as reflecting changes in farming which would have encouraged the establishment of communal systems of enclosures. It is argued that the appearance of regular layouts from the Mid Saxon period onwards suggests a degree of legal control and, in some cases, the passing down of properties across several generations. The role of lordship in the creation of nucleated layouts is discussed along with the difficulties of defining the status of particular settlements. The conclusion discusses the emergence and characteristics of high-status settlements post c.600.
David Albert Jones
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199213009
- eISBN:
- 9780191707179
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199213009.003.0001
- Subject:
- Religion, Church History
This introductory chapter discusses the concept of ‘profession’ during the period and considers the clergy in relation to the other ‘learned professions’, law, medicine, the civil service, and the ...
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This introductory chapter discusses the concept of ‘profession’ during the period and considers the clergy in relation to the other ‘learned professions’, law, medicine, the civil service, and the ministry of dissenting churches. It considers the central role of the Christian religion and the established Church in English and Welsh society throughout the period 1680 to 1840, and the central and distinctive role of clergy in English and Welsh society. The tensions within the Church in relation to government policies are discussed, especially referring to the crises under James II and the Settlement of 1689, and during Queen Anne's reign, and in the 1820s and 1830s. Programmes for reforming and improving the pastoral ministry of the Church, especially during the periods 1660 to 1720 and 1780 to 1840 are discussed. The impact of theological differences within the Church, manifested in ‘party’ disputes, especially among the clergy, is examined.Less
This introductory chapter discusses the concept of ‘profession’ during the period and considers the clergy in relation to the other ‘learned professions’, law, medicine, the civil service, and the ministry of dissenting churches. It considers the central role of the Christian religion and the established Church in English and Welsh society throughout the period 1680 to 1840, and the central and distinctive role of clergy in English and Welsh society. The tensions within the Church in relation to government policies are discussed, especially referring to the crises under James II and the Settlement of 1689, and during Queen Anne's reign, and in the 1820s and 1830s. Programmes for reforming and improving the pastoral ministry of the Church, especially during the periods 1660 to 1720 and 1780 to 1840 are discussed. The impact of theological differences within the Church, manifested in ‘party’ disputes, especially among the clergy, is examined.
Peter S. Wells
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691143385
- eISBN:
- 9781400844777
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691143385.003.0003
- Subject:
- Archaeology, Historical Archaeology
This chapter discusses the visual world of late prehistoric Europe. It first uses Teniers's painting of the interior of an inn at the beginning of the chapter in order to introduce the topic of light ...
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This chapter discusses the visual world of late prehistoric Europe. It first uses Teniers's painting of the interior of an inn at the beginning of the chapter in order to introduce the topic of light as an important issue in any consideration of seeing in times previous to the ready availability of electric light. It then describes changes in the landscape, in the character of settlements, houses, and in other aspects of the visual environment during the two millennia between the beginning of the Early Bronze Age and the end of the Iron Age. These changes were most often gradual. A number of significant trends are recognizable in the environmental evidence pertaining to changes in the landscape; and there is archaeological evidence pertaining to changes in tool use, the digging of ditches, the building of walls, and the construction of settlements and houses.Less
This chapter discusses the visual world of late prehistoric Europe. It first uses Teniers's painting of the interior of an inn at the beginning of the chapter in order to introduce the topic of light as an important issue in any consideration of seeing in times previous to the ready availability of electric light. It then describes changes in the landscape, in the character of settlements, houses, and in other aspects of the visual environment during the two millennia between the beginning of the Early Bronze Age and the end of the Iron Age. These changes were most often gradual. A number of significant trends are recognizable in the environmental evidence pertaining to changes in the landscape; and there is archaeological evidence pertaining to changes in tool use, the digging of ditches, the building of walls, and the construction of settlements and houses.
Vernon Bogdanor
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198293347
- eISBN:
- 9780191598821
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293348.003.0002
- Subject:
- Political Science, UK Politics
Constitutional monarchy is a form of monarchy governed by rules. In Britain, these rules are of two kinds—non‐statutory rules governing hereditary succession and statutory rules laying down certain ...
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Constitutional monarchy is a form of monarchy governed by rules. In Britain, these rules are of two kinds—non‐statutory rules governing hereditary succession and statutory rules laying down certain conditions that the holder of the throne must meet. Although descent is the main criterion of succession, the great constitutional struggles of the seventeenth century, culminating in the Bill of Rights of 1689 and the Act of Settlement of 1701, confirmed that the succession could be regulated by parliament. The British monarchy is a parliamentary monarchy. Indeed, the succession can only be altered by Act of Parliament. Provision is also made by Act of Parliament for cases when the sovereign is incapable or a minor, where a Regent acts in place of the sovereign. The rules regulating the royal consort and the heir to the throne and the Royal Marriages Act of 1772 are analysed. The rules of succession, being a product of the religious struggles of the seventeenth century, are now ripe for reform. So also is the Royal Marriages Act.Less
Constitutional monarchy is a form of monarchy governed by rules. In Britain, these rules are of two kinds—non‐statutory rules governing hereditary succession and statutory rules laying down certain conditions that the holder of the throne must meet. Although descent is the main criterion of succession, the great constitutional struggles of the seventeenth century, culminating in the Bill of Rights of 1689 and the Act of Settlement of 1701, confirmed that the succession could be regulated by parliament. The British monarchy is a parliamentary monarchy. Indeed, the succession can only be altered by Act of Parliament. Provision is also made by Act of Parliament for cases when the sovereign is incapable or a minor, where a Regent acts in place of the sovereign. The rules regulating the royal consort and the heir to the throne and the Royal Marriages Act of 1772 are analysed. The rules of succession, being a product of the religious struggles of the seventeenth century, are now ripe for reform. So also is the Royal Marriages Act.
Gil Loescher
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199246915
- eISBN:
- 9780191599781
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246912.003.0005
- Subject:
- Political Science, International Relations and Politics
The 1960s brought fundamental changes to the UN system of refugee assistance and protection. The developing world replaced Europe as the central focus of the UNHCR's world. The expansion of the UNHCR ...
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The 1960s brought fundamental changes to the UN system of refugee assistance and protection. The developing world replaced Europe as the central focus of the UNHCR's world. The expansion of the UNHCR under the third High Commissioner, Felix Schnyder, coincided with the decolonization and the ensuing emergence of newly independent states in Africa and Asia. Using his ‘good offices’, Schnyder undertook a de facto expansion of the UNHCR's refugee definition and through the development of rural settlement schemes and ‘zonal’ development, progressively increased the range of the services UNHCR provided both to refugees and to host governments.Less
The 1960s brought fundamental changes to the UN system of refugee assistance and protection. The developing world replaced Europe as the central focus of the UNHCR's world. The expansion of the UNHCR under the third High Commissioner, Felix Schnyder, coincided with the decolonization and the ensuing emergence of newly independent states in Africa and Asia. Using his ‘good offices’, Schnyder undertook a de facto expansion of the UNHCR's refugee definition and through the development of rural settlement schemes and ‘zonal’ development, progressively increased the range of the services UNHCR provided both to refugees and to host governments.
John Toye
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199251209
- eISBN:
- 9780191599293
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199251207.003.0005
- Subject:
- Political Science, International Relations and Politics
Toye focuses on issues relating to substantive justice as mediated through the international trade regime. He argues that the transition from the GATT to the WTO is leading to the continuation, ...
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Toye focuses on issues relating to substantive justice as mediated through the international trade regime. He argues that the transition from the GATT to the WTO is leading to the continuation, possibly even the worsening, of inequality amongst countries. Toye concludes that formal justice is at odds with substantive justice since the inequalities of political and economic power between developed and developing countries have not been compensated for in the enactment of supposedly improved trade procedural rules.Less
Toye focuses on issues relating to substantive justice as mediated through the international trade regime. He argues that the transition from the GATT to the WTO is leading to the continuation, possibly even the worsening, of inequality amongst countries. Toye concludes that formal justice is at odds with substantive justice since the inequalities of political and economic power between developed and developing countries have not been compensated for in the enactment of supposedly improved trade procedural rules.
