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Prosecution of Human Rights Violations under Customary International Law

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0007
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

While the previous part of the book considers treaty law this chapter turns to the question of whether customary international law provides for a duty to prosecute serious human rights violations. It ... More


Political Genocide and Customary International Law

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the question of whether, as some suggest, political genocide is prohibited already by virtue of post-Convention developments in customary international law. It discusses the ... More


Components of the International Law of Weaponry

William H. Boothby

in Weapons and the Law of Armed Conflict

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199569946
eISBN:
9780191705250
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569946.003.0003
Subject:
Law, Public International Law

This chapter analyses the sources of the law of weaponry. It begins by explaining the notion of customary law. It discusses how the existence of a rule of custom can be determined. The rules as to ... More


The FET Standard, Part of the Body of General International Law

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0003
Subject:
Law, Public International Law

This chapter enquires whether the FET standard has acquired a customary character, and whether it is a general principle of law. On the first point, it argues that the FET standard is not part of the ... More


International Constitutional Review

Karen J. Alter

in The New Terrain of International Law: Courts, Politics, Rights

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.003.0008
Subject:
Political Science, International Relations and Politics

This chapter analyzes four additional case studies of international courts (ICs) reviewing state practices. In their constitutional review role, ICs hold international and state actors accountable to ... More


Fact as Non-Law and the Limits on its Relevance

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0006
Subject:
Law, Public International Law

This chapter is the first ever comprehensive examination of how fact and law relate to each other in international law. After the critique of doctrinal approaches, the analysis examines how facts ... More


Original Understanding: Contemporaneous Understanding and Interpretive Issues

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Court's use of sources of original understanding contemporaneous with enactment of the constitutional provision in question, along with a variety of issues that the Court ... More


The Effect of a Calvo Clause

Chittharanjan F. Amerasinghe

in Diplomatic Protection

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199212385
eISBN:
9780191707230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212385.003.0012
Subject:
Law, Public International Law

The Calvo Clause was born out of the fear on the part of Latin American States of intervention in their domestic affairs by European States and the United States of America under the guise of ... More


Interpretation of Unilateral Acts and Statements

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0014
Subject:
Law, Public International Law

This chapter demonstrates that unilateral acts and statements of States have to be interpreted according to their plain and ordinary meaning, just like treaties. It focuses on unilateral acts in ... More


The Customary Law of the Period 1815–1914 Some New Developments: Arbitration and Treaties for Pacific Settlement

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0002
Subject:
Law, Public International Law

The next century was still dominated by an unrestricted right of war and the recognition of conquests, qualified by the political system of the European Concert. In the latter part of the period, new ... More


Particular Aspects of the Relationship Between the Concept of Obligations Erga Omnes and the Concepts of Jus Cogens and Actio Popularis

MAURIZIO RAGAZZI

in The Concept of International Obligations Erga Omnes

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298700
eISBN:
9780191707513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298700.003.0010
Subject:
Law, Law of Obligations

This chapter compares the concept of obligations erga omnes with those of jus cogens and actio popularis. Moving from the premise that jus cogens refers to norms, while erga omnes refers to ... More


State Practice since the Second World War

Nina H. B. Jørgensen

in The Responsibility of States for International Crimes

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298618
eISBN:
9780191685491
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298618.003.0021
Subject:
Law, Public International Law

This chapter is concerned with state practice since the Second World War. It provides examples of international inaction in the face of criminal behaviour by a state, such as Stalinist Russia, the ... More


Other Justifications for Resort to Force of Doubtful Validity

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0018
Subject:
Law, Public International Law

This chapter explores the miscellaneous justifications for resort to force of doubtful validity. The state practice justifies the conclusion that no genuine case of humanitarian intervention has ... More


The Right of Legitimate Defence. Doctrine and State Practice in the Period 1920 to 1939

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0012
Subject:
Law, Public International Law

This chapter discusses some key problems of the interpretation of reservations as to self-defence in the Kellogg—Briand Pact. It begins by explaining the doctrine and state practice of the period ... More


Introduction: Enframing the Citizen in Contemporary Times

Anupama Roy

in Mapping Citizenship in India

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066743
eISBN:
9780199080069
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066743.003.0001
Subject:
Political Science, Indian Politics

This introductory chapter begins with discussions of social scientists' continuous interest in citizenship over the last two decades and the globality of citizenship. It then looks at the inherent ... More


Social Welfare

David L. Hoffmann

in Cultivating the Masses: Modern State Practices and Soviet Socialism, 1914-1939

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801446290
eISBN:
9780801462832
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801446290.003.0002
Subject:
History, Russian and Former Soviet Union History

This chapter examines the rise of social welfare policies in Russia and the Soviet Union, with particular emphasis on the new forms of social science knowledge that led reformers to reconceptualize ... More


The Question of Defining Aggression

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0019
Subject:
Law, Public International Law

This chapter addresses the meanings of the term ‘aggression’ in the state practice. It also considers the possibility of defining it, the ‘question of defining aggression’, which has been considered ... More


Customary Human Rights Law

Steven Wheatley

in The Idea of International Human Rights Law

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198749844
eISBN:
9780191814174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198749844.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

Chapter 5 looks at customary human rights law, explaining how we can think about custom as a self-organizing system, the emergent property of the performative acts of states, who literally ‘speak’ ... More


Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics

James Kraska

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199773381
eISBN:
9780199895298
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199773381.001.0001
Subject:
Law, Public International Law

This book analyzes the evolving rules governing freedom of the seas and their impact on expeditionary operations in the littoral, near-shore coastal zone. Coastal state practice and international law ... More


Problems of Transition: The Legal Régime in the Period 1920 to 1930

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0011
Subject:
Law, Public International Law

This chapter provides a discussion of some key problems of transition in the legal régime after 1920. It begins with an explanation of the Covenant of the League of Nations, the Kellogg—Briand Pact, ... More


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