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Conclusion

Agnès Hurwitz

in The Collective Responsibility of States to Protect Refugees

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199278381
eISBN:
9780191706998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278381.003.0009
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter presents some concluding thoughts from the author. Two key questions were examined in this study. The first question dealt with the impact of safe third country practices on interstate ... More


EU Law Effects of EU Foreign Investment Law

Angelos Dimopoulos

in EU Foreign Investment Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698608
eISBN:
9780191732140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698608.003.0007
Subject:
Law, EU Law, Competition Law

Chapter 6 addresses the Union law effects of EU foreign investment law. It begins with identifying the EU law rights and obligations of EU institutions and Member States arising from the regulation ... More


The Rights to Social Security and Social Assistance: Towards an Analytical Framework 1

Jennifer Tooze

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0013
Subject:
Law, Human Rights and Immigration

This chapter argues that the rights to social security and to social assistance in international law can be translated into state obligations that can be effectively monitored and enforced. It begins ... More


Unification Rather than Fragmentation of International Law? The Case of International Investment Law and Human Rights Law

Pierre-Marie Dupuy

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/9780199578184.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter compares the normative origins of these two distinct branches of international law, assessing the historical anteriority of the obligations of states with regard to the rights of aliens ... More


A Three-Pronged Approach to Human Rights Obligations of Non-State Armed Groups

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0008
Subject:
Law, Public International Law

Chapter 6 proposes a three-pronged approach to possible human rights obligations of armed groups by distinguishing between (i) human rights obligations of groups exercising quasi-governmental ... More


Primary Rules?

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/9780199558018.003.0004
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter argues that in the absence of international environmental obligations binding upon multinational corporations, the emergence of legal standards will allow adapting and translating ... More


The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0007
Subject:
Law, Public International Law

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter ... More


Measuring Social and Economic Rights: The SERF Index Approach

Sakiko Fukuda-Parr, Terra Lawson-Remer, and Susan Randolph

in Fulfilling Social and Economic Rights

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199735501
eISBN:
9780190226701
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199735501.003.0002
Subject:
Political Science, International Relations and Politics, Democratization

This chapter explains the concept of the Social and Economic Rights Fulfillment (SERF) Index—as a measure that is rigorously grounded in the norms of international law that focuses on obligations of ... More


The Case for a System of International Legal Human Rights

Allen Buchanan

in The Heart of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199325382
eISBN:
9780199369300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199325382.003.0004
Subject:
Philosophy, Political Philosophy

This chapter undertakes the first two justificatory tasks: making a complex moral case for having a system of international legal human rights similar to the one that exists and making headway on the ... More


The Fundamental Rights Acquis: An ‘Integrative Approach’ to Interpretation—The ‘Aggregate Standards’ Model

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0007
Subject:
Law, Human Rights and Immigration

This chapter will catalogue the multiple ways in which human rights penetrate the EU legal order and the different functions they play qua (internalised/’Europeanised’) ‘fundamental rights’, both as ... More


Social Security in Developing Countries: What, Why, Who, and How?

Robin Burgess and Nicholas Stern

in Social Security in Developing Countries

Published in print:
1991
Published Online:
September 2011
ISBN:
9780198233008
eISBN:
9780191678967
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198233008.003.0002
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter aims to help clarify some of the problems and issues raised by attempts to understand and alleviate the deprivation and fragility associated with the lives of so many people. It explains ... More


Right to Sanitation in Urban Areas: Legal Obligations and Institutional Challenges

Mathew John

in The Right to Sanitation in India: Critical Perspectives

Published in print:
2019
Published Online:
April 2019
ISBN:
9780199489855
eISBN:
9780199095544
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199489855.003.0008
Subject:
Law, Environmental and Energy Law

This chapter looks at the emergence of the right to sanitation as a problem for public administration. Although sanitation has been articulated in terms of a human right, it is often unclear what ... More


The History of the Covenants: Looking Back Half a Century and Beyond

Maya Hertig Randall

in The Human Rights Covenants at 50: Their Past, Present, and Future

Published in print:
2018
Published Online:
August 2018
ISBN:
9780198825890
eISBN:
9780191864902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825890.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

Translating the UDHR into a binding treaty ‘with teeth’ was an acid test for the international community. This chapter places the genesis of the ICESCR and the ICCPR in its political context. It ... More


Human Rights, Natural Rights, and their Applicability beyond the State–Individual Relationship

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0006
Subject:
Law, Public International Law

Chapter 4 starts by briefly recalling the traditional, state-centred human rights narrative and the main reasons for a state-focused approach to human rights law: human rights law is widely ... More


Performing Dignity: Human Rights and the Legal Politics of Water

Antina von Schnitzler

in Democracy's Infrastructure: Techno-Politics and Protest after Apartheid

Published in print:
2016
Published Online:
January 2018
ISBN:
9780691170770
eISBN:
9781400882991
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691170770.003.0006
Subject:
Anthropology, African Cultural Anthropology

This chapter examines how the fight against Operation Gcin'amanzi and the prepaid meter led five Phiri residents from Phiri to sue Johannesburg Water and the City of Johannesburg by invoking their ... More


Why International Legal Human Rights?

Allen Buchanan

in Philosophical Foundations of Human Rights

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199688623
eISBN:
9780191768101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688623.003.0014
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter addresses a question that has been neglected by philosophers: What justification, if any, is there for having a system of international legal human rights (ILHRs)? It considers three ... More


The Primacy of Union Law, Liability and Responsibility of the Contracting Member States

Winfried Tilmann and Plassmann Clemens

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0014
Subject:
Law, Intellectual Property, IT, and Media Law

The European Union would not consent to the creation of a competent international patent court when the rules of operation of that court are at least ambiguous with regard to its obligation to take ... More


Primacy of and respect for Union law

Winfried Tilmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0060
Subject:
Law, Intellectual Property, IT, and Media Law

The European Union would not consent to the creation of a competent international patent court when the rules of operation of that court are at least ambiguous with regard to its obligation to take ... More


Introductory Note: The Jurisprudence of the International Tribunal for the Law of the Sea in 2015

Tullio Treves

in THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190848194
eISBN:
9780190848217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190848194.003.0017
Subject:
Law, Public International Law

ITLOS has handed out in 2015 two provisional measures orders and an advisory opinion. The Provisional Measures Order of 25 April 2015, in the maritime delimitation case between Ghana and Cote ... More


Administrative tasks in the framework of the European Patent Organisation

Winfried Tilmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0013
Subject:
Law, Intellectual Property, IT, and Media Law

The EPUE Reg is a ‘special agreement’ within the meaning of Art 142(1) EPC (Recital 6; → Introduction to this Commentary, mn 125–34). The participating Member States, as a ‘group of Contracting ... More


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