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Understanding US Opposition to the ICC

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0005
Subject:
Political Science, International Relations and Politics

This chapter explains why the Clinton administration chose to sign, and the Bush administration chose to ‘unsign’ the Rome Treaty. Both argued that the Treaty violated the principle of sovereign ... More


Peremptory Norms in International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.001.0001
Subject:
Law, Public International Law

This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. ... More


The Impact of Human Rights Law on General International Law

Menno T. Kamminga and Martin Scheinin (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ... More


The Principles of Conflict Resolution

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0003
Subject:
Law, Public International Law, EU Law

Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. ... More


Final Report on the Impact of International Human Rights Law on General International Law

Menno T. Kamminga

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins with a brief explanation of the approach used by the Committee on International Human Rights Law and Practice in preparing their report on the relationship between general ... More


Judicial Interpretation at the Ad Hoc Tribunals: Method From Chaos?

Joseph Powderly

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

The absence from the Statutes of the ad hoc Tribunals of a provision explicitly setting down the interpretational methodology to be applied by the bench ensured that the only barrier to judicial ... More


International Human Rights Law

Aryeh Neier

in The International Human Rights Movement: A History

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691135151
eISBN:
9781400841875
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691135151.003.0004
Subject:
Sociology, Migration Studies (including Refugee Studies)

This chapter focuses on the two sources of international law: custom and treaties. Customary international law is the term used to describe rules that are so widely accepted and so deeply held that ... More


Equity and Equitable Considerations in Treaties

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/9780199546220.003.0019
Subject:
Law, Public International Law

This chapter examines how equitable notions included in treaties should be construed. While in the law of the sea treaties equity is understood as reflecting general international law, the ‘fair and ... More


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


Methods Used by International Courts and Tribunals to Engage in Cross-Fertilization

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0003
Subject:
Law, Public International Law

This chapter examines the methods available to international courts to refer to the practice of other international judicial bodies, and to interpret and apply their procedure and remedies in similar ... More


The Law of Treaties Beyond the Vienna Convention

Enzo Cannizzaro (ed.)

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book offers an analysis of the law of treaties as it emerges from the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. It revisits the basic ... More


Hungary

Nóra Chronowski, Tímea Drinóczi, and Ildikó Ernszt

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0011
Subject:
Law, Public International Law

The Hungarian Constitution attempts to regulate, although not very successfully, the relationship between international law, Community law, and national law in Articles 2/A and 7. However, the ... More


International Minimum Standard and the Law of Treaties

Martins Paparinskis

in The International Minimum Standard and Fair and Equitable Treatment

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199694501
eISBN:
9780191741272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694501.003.0005
Subject:
Law, Public International Law

This chapter attempts to explain the contemporary practice of case-by-case development of fair and equitable treatment with the four corners of the law of treaties and without relying on general ... More


Terrorism in International and Regional Treaty Law

Ben Saul

in Defining Terrorism in International Law

Published in print:
2008
Published Online:
January 2010
ISBN:
9780199535477
eISBN:
9780191712197
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535477.003.0004
Subject:
Law, Public International Law

In the absence of an accepted international definition of terrorism, this chapter evaluates the international community's response to terrorism in treaty law. It shows that since the 1960s, many ... More


Selected Prefigurations of the Concept of Obligations Erga Omnes: (b) Jus Cogens

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/9780198298700.003.0003
Subject:
Law, Law of Obligations

Like obligations erga omnes, norms of jus cogens protect the common interests of states and basic moral values. In addition, the classic examples of norms of jus cogens that emerged during the ... More


The Community Interest in the Law of Treaties: Ambivalent Conceptions

Jan Klabbers

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0048
Subject:
Law, Public International Law

One of the characteristic elements of the work of Bruno Simma consists of his exploration of the community interest in international law, and perhaps more particularly in the law of treaties. His ... More


Treaty Interpretation by the WTO Appellate Body

Isabelle Van Damme

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562237
eISBN:
9780191705588
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562237.001.0001
Subject:
Law, Public International Law

The WTO dispute settlement system is unusually strong but not necessarily unique. How the Appellate Body reads the WTO covered agreements is not a matter of WTO law, it is a technique of general ... More


“Constitutional” Interpretation

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/9780198765639.003.0002
Subject:
Law, Public International Law

This chapter discusses ‘constitutional’ interpretation of a Charter. It compares the United Nations Charter and the United States Constitution, citing that both provide institutional mechanisms to ... 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


Analogies and Other Regimes of International Law

Martins Paparinskis

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0004
Subject:
Law, Company and Commercial Law, Public International Law

This chapter presents international investment law as a complex regime that borrows from three other regimes on international law: the law of human rights, the law of treaties regarding third ... More


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