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 International Agreements

Andrew T Guzman

in How International Law Works: A Rational Choice Theory

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195305562
eISBN:
9780199867004
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305562.003.0004
Subject:
Political Science, International Relations and Politics

This chapter analyzes the most important source of international law – the international agreement. It first explains why it is appropriate to think of states as being risk neutral rather than risk ... More


Soft Natural Law

Anver M. Emon

in Islamic Natural Law Theories

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579006
eISBN:
9780191722639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579006.003.0004
Subject:
Law, Philosophy of Law, Legal History

This chapter explores how Voluntarist jurists, who rejected Hard Natural Law, nonetheless developed their own natural law theory by fusing fact and value, but nonetheless upheld their voluntarist ... More


International Soft Law and the Formation of Binding International Financial Regulation

Kern Alexander, Rahul Dhumale, and John Eatwell

in Global Governance of Financial Systems: The International Regulation of Systemic Risk

Published in print:
2005
Published Online:
September 2007
ISBN:
9780195166989
eISBN:
9780199783861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195166989.003.0006
Subject:
Economics and Finance, Financial Economics

This chapter examines the theoretical framework of international soft law and how it embraces both legally nonbinding and binding rules and standards of international financial regulation. ... More


Creative Interpretations: Normative Twists

Ingo Venzke

in How Interpretation Makes International Law: On Semantic Change and Normative Twists

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199657674
eISBN:
9780191753114
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657674.003.0005
Subject:
Law, Public International Law, Philosophy of Law

This chapter engages in a normative assessment of international lawmaking by way of interpretation. It first studies the bittersweet taste of justice in legal discourse and juxtaposes diverging views ... More


The Emergence of EU Contract Law: Exploring Europeanization

Lucinda Miller

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606627
eISBN:
9780191731716
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606627.001.0001
Subject:
Law, EU Law

The emergence of a European contract law is one of the more significant legal developments in Europe today. The complexities that lie at its heart also make it one of the more fascinating areas of ... More


International Antitrust Institutions

Daniel D. Sokol

in Cooperation, Comity, and Competition Policy

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195387704
eISBN:
9780199866762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387704.003.0010
Subject:
Law, Public International Law

This chapter examines various formal international antitrust institutions. It begins by exploring the different types of international conduct that suggest the need for an international institutional ... More


Describing Informal Accords

Jeffrey Stacey

in Integrating Europe: Informal Politics and Institutional Change

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199584765
eISBN:
9780191723506
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584765.003.0003
Subject:
Political Science, Comparative Politics, European Union

This chapter sheds greater light on informal accords, bringing them in from the scholarly shadows. The first section delves into what it is about the EU that allowed the informal sphere to develop ... More


Is It International Law or Not, and Does It Even Matter?

Joost Pauwelyn

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0007
Subject:
Law, Public International Law

This chapter addresses one of the fundamental issues in the research on informal international lawmaking (IN-LAW): ‘Is it International Law or Not, and Does it Even Matter?’. The universe of norms is ... More


International Soft Law and Globalization

Catherine Redgwell

in Regulating Energy and Natural Resources

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199299874
eISBN:
9780191714931
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299874.003.0005
Subject:
Law, Public International Law

This chapter examines the role played by soft law in meeting the challenge of globalization. A perception is that with increased international economic integration transcending individual national ... More


Normative Development in the International Legal System

Christine Chinkin

in Commitment and Compliance: The Role of Non-binding Norms in the International Legal System

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199270989
eISBN:
9780191707704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270989.003.0002
Subject:
Law, Public International Law

This chapter analyzes the structure of traditional international law and the conceptual bases for a distinction between legally binding and non-binding norms. It considers the debate of whether ... More


Commentary Compliance With International Soft Law

Jonathan L. Charney

in Commitment and Compliance: The Role of Non-binding Norms in the International Legal System

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199270989
eISBN:
9780191707704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270989.003.0005
Subject:
Law, Public International Law

This chapter discusses compliance with ‘hard’ and ‘soft’ law. The international community has developed ‘hard’ and ‘soft’ norms to serve many of the same systemic functions, that is, to order ... More


Law-making and Constitutionalism

Jan Klabbers

in The Constitutionalization of International Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199543427
eISBN:
9780191720475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543427.003.0003
Subject:
Law, Public International Law

This chapter looks into the question how, in a constitutionalizing world order, international law-making could take place. It identifies two poles: on the one hand, law-making should do justice to ... More


International Harmonization of Economic Regulation

Junji Nakagawa

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199604661
eISBN:
9780191731679
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604661.001.0001
Subject:
Law, Public International Law

International harmonization of economic regulation is an attempt to eliminate, or at least reduce, regulatory diversity in economic policy areas where states have autonomous regulatory jurisdiction. ... More


Human Rights

Dinah Shelton

in Commitment and Compliance: The Role of Non-binding Norms in the International Legal System

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199270989
eISBN:
9780191707704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270989.003.0008
Subject:
Law, Public International Law

This chapter presents four case studies on human rights that analyze the use of non-binding norms in four contexts. The first presents the case of the Organization for Security and Cooperation in ... More


Institutions and Competences

Geir Ulfstein

in The Constitutionalization of International Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199543427
eISBN:
9780191720475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543427.003.0002
Subject:
Law, Public International Law

The substantive scope of international institutional cooperation increases and states feel compelled to participate in such cooperation. This means that institutions different from the state are ... More


The Varied Forms of International Institutional Law

JOSÉ E. ALVAREZ

in International Organizations as Law-makers

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198765639
eISBN:
9780191710070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765639.003.0004
Subject:
Law, Public International Law

This chapter discusses the varied forms of international institutional law. It looks into the role of the Security Council as law-maker and its position between power and law. A selective survey on ... More


Contours of an International Instrument on Limitations and Exceptions *

P. Bernt Hugenholtz and Ruth L. Okediji

in The Development Agenda: Global Intellectual Property and Developing Countries

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195342109
eISBN:
9780199866823
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342109.003.0020
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines policy options and modalities for framing an international instrument on limitations and exceptions to copyright within the treaty obligations of the current international ... More


Conclusions: Understanding Compliance with Soft Law

Brown Edith Weiss and Dinah Shelton

in Commitment and Compliance: The Role of Non-binding Norms in the International Legal System

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199270989
eISBN:
9780191707704
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270989.003.0010
Subject:
Law, Public International Law

This chapter begins with a review of the hypotheses presented in the study. It then explains compliance by theories about informal social norms. The application of research on compliance with binding ... More


‘Soft law’, new governance and the Employment Strategy

Diamond Ashiagbor

in The European Employment Strategy: Labour Market Regulation and New Governance

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199279647
eISBN:
9780191707278
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199279647.003.0006
Subject:
Law, EU Law, Employment Law

Adopting a critical perspective on the new ‘open method of coordination’, this chapter argues that, through its creative use of soft law mechanisms, the evolving European Employment Strategy has the ... More


Overview and Future Prospects

Junji Nakagawa

in International Harmonization of Economic Regulation

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199604661
eISBN:
9780191731679
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604661.003.0010
Subject:
Law, Public International Law

This chapter sums up the results of the analyses offered in this book, pointing out praxis-related issues of, and persisting challenges to, international harmonization. The most serious challenge ... More


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