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The Interpretation of Acts and Rules in Public International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.001.0001
Subject:
Law, Public International Law

There are frequent claims that the international legal regulation in one or another field of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, ... More


In the Beginning was the Deed

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/9780199657674.003.0001
Subject:
Law, Public International Law, Philosophy of Law

This introductory chapter sets the scene by showing how Ludwig Wittgenstein identified in search for certainty with Goethe’s tragic figure Faust. Faust tried the word, its true sense and the force ... More


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

Ingo Venzke

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199657674
eISBN:
9780191753114
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657674.001.0001
Subject:
Law, Public International Law, Philosophy of Law

The texts of international law cannot talk — they are talked about. They passively submit to the need for interpretation and gain meaning in their use. Contrary to classic and still pervasive ... More


Normative Authority and the Adherence to Precedent by the Court

Gleider I Hernández

in The International Court of Justice and the Judicial Function

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199646630
eISBN:
9780191747854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646630.003.0006
Subject:
Law, Public International Law, Legal Profession and Ethics

Using as a starting-point the series of cases involving Yugoslavia throughout the 1990s–2000s, this Chapter examines the Court's public declaration that it will adhere to a relatively strict rule of ... More


Subsequent Customary Law as a Means of Treaty Modification

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0004
Subject:
Law, Public International Law, Company and Commercial Law

The chapter focuses on the treaty modifying potential of subsequent customary law, which, though distinct from that of subsequent practice, reveals a significant conceptual and practical overlap ... More


Power to Resort to Equity

Catharine Titi

in The Function of Equity in International Law

Published in print:
2021
Published Online:
July 2021
ISBN:
9780198868002
eISBN:
9780191904608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868002.003.0006
Subject:
Law, Public International Law

The chapter documents the complex relationship between, on the one hand, equity and international law and, on the other, principles and rules, and it discusses equity as a source of international ... 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: stories about international organisations, non-State actors, and the formation of customary international law

Sufyan Droubi and Jean d’Aspremont

in International organisations, non-State actors, and the formation of customary international law

Published in print:
2020
Published Online:
September 2021
ISBN:
9781526134158
eISBN:
9781526161000
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7765/9781526134165.00006
Subject:
Law, Public International Law

This chapter shows that the dominant approach to custom-forming has remained adverse to the idea that international organizations and non-State actors contribute to the formation of customary ... More


Principles Matter: The Legal Status of the Principles on Responsible Sovereign Financing

Juan Pablo Bohoslavsky and Carlos Espósito

in Sovereign Financing and International Law: The UNCTAD Principles on Responsible Sovereign Lending and Borrowing

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674374
eISBN:
9780191752315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674374.003.0004
Subject:
Law, Company and Commercial Law, Public International Law

This chapter considers the role of international law in sovereign financing, a legal area currently underdeveloped. It briefly presents the content and implications of the Principles and analyses ... More


Exceptions: Self-defence as an Exception to the Prohibition on the Use of Force

Iain Scobbie

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0009
Subject:
Law, Public International Law, Philosophy of Law

This chapter initially examines philosophical approaches to the international use of force in an historical context before examining the development of the doctrine of collective security as the ... More


International organisations, non-State actors, and the formation of customary international law

Sufyan Droubi and Jean d'Aspremont (eds)

Published in print:
2020
Published Online:
September 2021
ISBN:
9781526134158
eISBN:
9781526161000
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7765/9781526134165
Subject:
Law, Public International Law

This collection of chapters provides the most comprehensive study of the theory and practice on the contribution of international organisations and non-State actors to the formation of customary ... More


Angst of the Exceptio Inadimplenti Non Est Adimplendum in International Law

Malgosia Fitzmaurice

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0016
Subject:
Law, Public International Law, Philosophy of Law

The legal character of the exceptio inadimplenti non est adimplendum or exceptio inadimpleti contractus is one of those institutions in international law the legal character of which remains somewhat ... More


Hard Law or Soft Law—Does it Matter?: Distinction Between Different Sources of International Law in the Jurisprudence of the ECtHR

Angelika Nußberger

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

The European Court of Human Rights takes both hard law and soft law seriously, especially when it is necessary to adapt the wording of the European Convention on Human Rights to changed conditions in ... More


Paintings of International Law

Jean d’Aspremont and Eric De Brabandere

in International Law's Objects

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198798200
eISBN:
9780191858642
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198798200.003.0028
Subject:
Law, Public International Law

International lawyers are involved in the business of persuasion. The primary aim of their international legal argument is to persuade peers and non-peers about the validity of their legal claims. In ... More


Conclusion

Catharine Titi

in The Function of Equity in International Law

Published in print:
2021
Published Online:
July 2021
ISBN:
9780198868002
eISBN:
9780191904608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868002.003.0010
Subject:
Law, Public International Law

The book’s concluding chapter summarises its main findings and arguments. The book has tried to make sense of the legal concept of equity as it operates in the international law of the 21st century, ... More


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