Jump to ContentJump to Main Navigation

You are looking at 1-20 of 31 items

  • Keywords: state liability x
Clear All Modify Search

View:

State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests

Irmgard Marboe

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0012
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter compares the concepts of State responsibility under international law and State liability for economic harm suffered by private persons. It contains a comparison of the rules on State ... More


Primary and Secondary Remedies in International Investment Law and National State Liability: A Functional and Comparative View

Anne van Aaken

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0023
Subject:
Law, Constitutional and Administrative Law, Public International Law

International investment law creates an international level of review for (illegal) national regulations and laws and the conduct of administrative entities for foreign investors. It is state ... More


Damages

Angela Ward

in Judicial Review and the Rights of Private Parties in EU Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199206865
eISBN:
9780191695667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206865.003.0005
Subject:
Law, Constitutional and Administrative Law

The chapter elaborates on the decision of the European court regarding the Francovich case in order to clearly discuss the case law that defines the state liability rules of member states under the ... More


The Transformation of International Law

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0005
Subject:
Law, Public International Law

This chapter argues that the emergence of the system of investment treaty arbitration, when viewed against the canvass of international law, marks a major transformation in international ... More


Divergence and the Francovich Remedy in German and English Courts

Martina Künnecke

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0010
Subject:
Law, EU Law

This chapter assesses the extent to which the common law system differs from a codified system in the application of the Francovich principle and the extent to which this results in divergence. A ... More


Approaches and Interpretations

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0006
Subject:
Law, Public International Law

This chapter examines how investment treaty arbitrators have exercised their power. Four broad approaches emerge from the jurisprudence to date. Two of them emphasize a reciprocal legal framework in ... More


State

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0010
Subject:
Law, Law of Obligations

State liability for torts has been bedevilled by the mistaken view that the applicable principles differ when compared to those found in relation to private defendants. The unfortunate importation of ... More


A Substantive Distinction

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0008
Subject:
Law, Comparative Law, Legal History

A distinction between public and private in substantive law is presented as similar to the institutional distinction between private- and public-law courts in its dependence on a satisfactory ... More


Damages under Article 288(2)

Angela Ward

in Judicial Review and the Rights of Private Parties in EU Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199206865
eISBN:
9780191695667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206865.003.0008
Subject:
Law, Constitutional and Administrative Law

Even though there is an equality of treatment regarding member state and community liability for damages as provided by the article, individuals are frustrated with the article's inability to provide ... More


Corrective Justice in the Frame

Carol Harlow

in State Liability: Tort Law and Beyond

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199272648
eISBN:
9780191699634
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272648.003.0002
Subject:
Law, Law of Obligations, Constitutional and Administrative Law

This chapter deals with corrective justice, currently the most fashionable justification of tort law. Weinrib explains the corrective justice theory as the pattern of justificatory coherence latent ... More


Conclusion

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0009
Subject:
Law, Law of Obligations

This chapter reviews the differences in the systems of substantive English and French governmental law in liability in terms of the approach, philosophy, and procedural factors, and similarities in ... More


Assessing the Causal Link

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0006
Subject:
Law, Law of Obligations

This chapter aims to clarify the attitude of the French and English courts toward state liability in tort with a comparative survey of prevailing tests of causation in each jurisdiction. The English ... More


The Relevance of Non-Investment Treaty Obligations in Assessing Compensation

Lahra Liberti

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0023
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores whether and to what extent a measure adopted by the State in the furtherance of international obligations other than those provided for in the investment treaty bears any ... More


Introduction

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0001
Subject:
Law, Law of Obligations

This book examines the conditions of French and English laws and their respective government system in dealing with the question of state liability. It is a complex matter that debates the function, ... More


Deconstructing Loyalty

Marcus Klamert

in The Principle of Loyalty in EU Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199683123
eISBN:
9780191763182
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199683123.003.0013
Subject:
Law, EU Law, Constitutional and Administrative Law

This Chapter discusses the loyalty-based case law of the Court from a methodological perspective. It starts by exploring the key methods of interpretation employed by the Court, such as effet utile ... More


Introduction: Problem without Solution?

Carol Harlow

in State Liability: Tort Law and Beyond

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199272648
eISBN:
9780191699634
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272648.003.0001
Subject:
Law, Law of Obligations, Constitutional and Administrative Law

This book deals with the legal problems of state liability and the approach to it in the common law world. This chapter signals a significant shift from aggregative to distributive values, the former ... More


Loyalty and the Constitutionalization of EU Law

Marcus Klamert

in The Principle of Loyalty in EU Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199683123
eISBN:
9780191763182
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199683123.003.0003
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 3 explains how loyalty has in general had a slow and delayed reception in the literature, and how this has only changed by the increased attention it has received in the fields of external ... More


Effectiveness, Judicial Protection, and Loyalty

Marcus Klamert

in The Principle of Loyalty in EU Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199683123
eISBN:
9780191763182
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199683123.003.0006
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 6 starts by discussing the role of the principle of effectiveness as a means to ensure the effective judicial protection of Union citizens in exercising rights provided in Union law ... More


General Principles of Law and Other Foundational Legal Concepts Potentially Arising in CARICOM and the OECS

David S Berry

in Caribbean Integration Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199670079
eISBN:
9780191749452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670079.003.0008
Subject:
Law, Public International Law, Comparative Law

Chapter 8 scrutinizes some of the general principles and other foundational legal concepts which exist in or may be derived from the RTC and RTB, including: conferral (attributed competence), direct ... More


Pension Security Bonds: A New Plan to Address the State Pension Crisis

Joshua Rauh and Robert Novy-Marx

in The Economists' Voice 2.0: The Financial Crisis, Health Care Reform, and More

Published in print:
2014
Published Online:
November 2015
ISBN:
9780231160155
eISBN:
9780231504324
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231160155.003.0026
Subject:
Economics and Finance, Public and Welfare

This chapter argues that the federal government should be concerned about state pension liabilities. In the absence of fundamental reform, some large state pension funds may not last through the ... More


View: