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Corporations and the Duty to Obey the Law

in The Failure of Corporate Law: Fundamental Flaws and Progressive Possibilities

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226306933
eISBN:
9780226306988
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226306988.003.0005
Subject:
Law, Company and Commercial Law

Most corporate law scholars seem not to care much about corporate crime. While courts hearing corporate law cases do occasionally talk in principle about the firm's duty to obey the law, these cases ... More


The Decision to Use Contract

A C L Davies

in The Public Law of Government Contracts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199287390
eISBN:
9780191713484
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287390.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter is concerned with the early stages of the contracting process, with decisions to use contracts as the means of obtaining the goods and services the government requires. From a public law ... More


Constitutional Foundations of Judicial Review

T. R. S. Allan

in The Sovereignty of Law: Freedom, Constitution and Common Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199685066
eISBN:
9780191765353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685066.003.0006
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The ultra vires doctrine of administrative law, which confines a public authority to the jurisdiction conferred by Parliament, has been challenged by a common law theory of judicial review: the power ... More


Attribution of Conduct to the United Nations

Antonios Tzanakopoulos

in Disobeying the Security Council: Countermeasures against Wrongful Sanctions

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199600762
eISBN:
9780191725210
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600762.003.0002
Subject:
Law, Public International Law

For the international responsibility of the UN to be engaged, conduct susceptible of violating international law must be attributable to the UN rather than some other actor (e.g., a Member State). ... More


The Powers of Local Government

Ian Leigh

in Law, Politics, and Local Democracy

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198256984
eISBN:
9780191681714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256984.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the position of councils with regards to the courts. It explores the significance of the distinctive legal form which local authorities take and the implications of the ultra ... More


Restitution from Public Authorities

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0015
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter discusses issues of policy and principle in the law of restitution raised by restitutionary claims against public authorities. It explains the grounds of restitution available to recover ... 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


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


Beyond ‘Dili’: On the Powers and Practice of International Organizations

Niels Blokker

in State, Sovereignty, and International Governance

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199245383
eISBN:
9780191697456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245383.003.0013
Subject:
Law, Public International Law

This chapter deals in general terms with some important elements involved in cases concerning the powers of international organizations. Section 2 presents examples of cases in which it has been ... More


Attribution in Public International Law

Carlo de Stefano

in Attribution in International Law and Arbitration

Published in print:
2020
Published Online:
March 2020
ISBN:
9780198844648
eISBN:
9780191880179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844648.003.0003
Subject:
Law, Public International Law

Chapter II illustrates the application of attribution rules in public international law, as resulting from the early arbitral practice, the decisions of the Permanent Court of International Justice ... More


Human Rights Conditionality in the EU's International Agreements

Lorand Bartels

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199277193
eISBN:
9780191699931
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199277193.001.0001
Subject:
Law, Public International Law

Since the early 1990s, the European Union has included human rights conditionality clauses in its association agreements and other international trade and cooperation agreements. The purpose of these ... More


Intentional Homelessness

IAN LOVELAND

in Housing Homeless Persons: Administrative Law and the Administrative Process

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198258766
eISBN:
9780191681868
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258766.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the three councils' implementation of a provision of the Act in respect of which there is widespread agreement that local authorities do suffer ‘particular difficulty’: the ... More


Public Law Unlawfulness and Liability in Damages

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/9780199258055.003.0003
Subject:
Law, Law of Obligations

This chapter focuses on the theoretical relationship between public law and the notion of illegality and liability in a damages action, discussing whether the unlawfulness of an administrative act is ... More


Human Rights and International Humanitarian Law Breaches Attributable to International Organizations

Carla Ferstman

in International Organizations and the Fight for Accountability: The Remedies and Reparations Gap

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808442
eISBN:
9780191846144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808442.003.0003
Subject:
Law, Public International Law

The chapter considers how to determine whether a particular internationally wrongful act is attributable to an international organization, or another actor under international law. It considers the ... More


Corporate Capacity

Eva Micheler

in Company Law: A Real Entity Theory

Published in print:
2021
Published Online:
December 2021
ISBN:
9780198858874
eISBN:
9780191890987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858874.003.0003
Subject:
Law, Company and Commercial Law

This chapter examines the ultra vires doctrine, under which the capacity of companies used to be limited by the objects stated in their memorandum. This doctrine could be justified through a ... More


Validity and Ultra Vires Acts

Lorenzo Gasbarri

in The Concept of an International Organization in International Law

Published in print:
2021
Published Online:
May 2021
ISBN:
9780192895790
eISBN:
9780191916335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192895790.003.0010
Subject:
Law, Public International Law

The legal validity of the law produced by international organizations is a vexed issue. This chapter explores how it is affected by the absence of a comprehensive concept of an international ... More


Legitimate Expectation

Paul Daly

in Understanding Administrative Law in the Common Law World

Published in print:
2021
Published Online:
September 2021
ISBN:
9780192896919
eISBN:
9780191919206
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896919.003.0008
Subject:
Law, Constitutional and Administrative Law

Chapters 2 to 7 laid out the argument that contemporary administrative law can be understood in terms of administrative law values. This chapter is less concerned with interpreting the decided cases ... More


Foundations of Caribbean Integration

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/9780199670079.003.0002
Subject:
Law, Public International Law, Comparative Law

Chapter 2 places Caribbean regional integration in its context, briefly surveying the geographic and economic features of the region. It examines the history of West Indian regional integration, from ... More


Community Competence to Include Human Rights Clauses in International Agreements

Lorand Bartels

in Human Rights Conditionality in the EU's International Agreements

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199277193
eISBN:
9780191699931
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199277193.003.0008
Subject:
Law, Public International Law

The question of whether the Community has the competence to include human rights clauses in its international agreements is provoked by the famous statement of the European Court of Justice in ... More


Conclusion

Alexander Brown

in A Theory of Legitimate Expectations for Public Administration

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198812753
eISBN:
9780191851926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812753.003.0008
Subject:
Law, Constitutional and Administrative Law

Section I explains some of the implications of my Responsibility-Based Account, including what courts should or should not recognize as circumstances, ways, or modes of legitimate expectations coming ... More


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