Results for ' international treaties'

991 found
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  1. International treaties and conventions as agents of convergence and multijuralism in domestic legal systems.John H. Currie - 2009 - In Albert Breton (ed.), Multijuralism: Manifestations, Causes, and Consequences. Ashgate.
     
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  2.  5
    International Treaties and the Legal Order of the Slovak Republic (On the Issue of Domestic and International Law).Ján Azud - 1997 - Human Affairs 7 (2):119-133.
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  3.  27
    Conflict between International Treaties: Failing to mitigate the effects of introduced marine species.M. L. Campbell, A. Grage, C. J. Mabin & C. L. Hewitt - 2009 - Dialogue (Misc) 28:46-56.
  4.  23
    The Struggle for Legitimacy in Business and Human Rights Regulation—a Consideration of the Processes Leading to the UN Guiding Principles and an International Treaty.Brigitte Hamm - 2021 - Human Rights Review 23 (1):103-125.
    After the UN Guiding Principles on Business and Human Rights were adopted in 2011, an international treaty has been being negotiated since 2014. The two instruments reveal similarities and also conflicts regarding the adequate organization of the global economy based on human rights. The focus in this article will be on the processes leading to these instruments, because they themselves mirror different understandings of governance in the field of business and human rights as well as the struggle over the (...)
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  5. Brazil's experience in implementing its ABS regime : suggestions for reform and the relationship with the International Treaty on Plant Genetic Resources for Food and Agriculture.Juliana Santilli - 2009 - In Evanson C. Kamau & Gerd Winter (eds.), Genetic resources, traditional knowledge and the law: solutions for access and benefit sharing. Sterling, VA: Earthscan.
     
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  6.  21
    Problems of Translation of Provisions of International Treaties Illustrated by The Example of Article 6 of the European Convention for Protection of Human Rights and Fundamental Freedoms.Iwona Wrońska - 2016 - Studies in Logic, Grammar and Rhetoric 45 (1):265-276.
    Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 265-276.
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  7.  7
    The development of medium and technology neutral international treaties in support of post-convention information technology systems: The example of the 2007 Hague convention and protocol.Andrea Bonomi & Paul Volken - 2009 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume X. Sellier de Gruyter.
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  8.  5
    Prorogation of Jurisdiction in Family- Law Matters: Analysis of Current National Legislation and International Treaties of Ukraine.Yuliya Chernyak - 2015 - Jurisprudencija: Mokslo darbu žurnalas 21 (4):1101.
  9.  19
    Treaty Commitment as a Signaling Device: Explaining the Ratification of the International Covenant on Economic, Social, and Cultural Rights.Zhiyuan Wang - 2016 - Human Rights Review 17 (2):193-220.
    This study investigates the determinants of the ratification of International Covenant on Economic, Social, and Cultural Rights (ICESCR). To do so, it proposes an explanation that postulates that states employ treaty ratification as a device to signal their resolve to implement polices required by the treaty at issue in order to appease demanding domestic constituencies, predicting that states with lower compliance capacity tend to commit faster than states with higher compliance capacity. Applying this explanation to the ICESCR leads to (...)
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  10.  34
    Can International Human Rights Law Smash the Patriarchy? A Review of ‘Patriarchy’ According to United Nations Treaty Bodies and Special Procedures.Cassandra Mudgway - 2021 - Feminist Legal Studies 29 (1):67-105.
    This article interrogates whether and how the concept of ‘patriarchy’ is used by UN human rights treaty monitoring bodies (treaty bodies) and special procedures to interpret state obligations to respect and ensure women’s human rights. There are two key points that arise out of this study: first, that several treaty bodies and special procedures purposely and consistently use the concept of ‘patriarchy’ when discussing women’s human rights, and second, that although not all treaty bodies and special procedures have referred to (...)
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  11. International Adjudication: A Response to Paulus - Courts, Custom, Treaties, Regimes, and the WTO.Donald Regan - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. Oxford University Press.
     
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  12. VCE International Politics: Nuclear Weapons, Global Disarmament and the 'Grand Bargain' - the Nuclear Non-proliferation Treaty into the Twenty-first Century.Michael Keks - 2011 - Ethos: Social Education Victoria 19 (1):25.
     
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  13.  42
    Conceptualizing Corporate Accountability in International Law: Models for a Business and Human Rights Treaty.Nadia Bernaz - 2020 - Human Rights Review 22 (1):45-64.
    This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights treaty: the United Nations Guiding Principles on Business and Human Rights model, the Universal Declaration of Human Rights model, the progressive model, and the transformative model. It aims to contribute to the BHR treaty negotiation process by clarifying different (...)
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  14. From Status to Treaty: Henry Sumner Maine's International Law.Carl Landauer - 2002 - Canadian Journal of Law and Jurisprudence 15 (2):219-254.
    The article focuses on the overlooked volume of Henry Sumner Maine's corpus, the posthumously published International Law and uses it to respond to the general critical difficulty in establishing Maine's posture. Maine, of course, makes it difficult with the numerous contrapuntal moves of this book and others. For example, he strongly criticizes the predominant view of international law as an accretionary process of commentary by one theorist following another and yet he places tremendous value on Grotius, "whose works (...)
     
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  15.  54
    Prelude to the International Tax Treaty Network: 1815–1914 Early Tax Treaties and the Conditions for Action.Sunita Jogarajan - 2011 - Oxford Journal of Legal Studies 31 (4):679-707.
    This article traces the history of the earliest bilateral tax treaties which were concluded prior to World War I. There are currently over 3000 bilateral tax treaties in existence and their fundamental concepts and terms can be traced back to the earliest treaties. This article explores the political and economic context of the early treaties to understand why countries entered into tax treaties. Tax treaties play an important role in facilitating economic integration and as (...)
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  16.  11
    Educational Values in Human Rights Treaties: UN, European, and African International Law.Pablo Meix-Cereceda - 2020 - Human Rights Review 21 (4):437-461.
    While human rights treaties provide a formidable set of principles on education and values, domestic Courts often tend to adjudicate claims in terms of local arguments for or against each particular educational practice. This article explores how international human rights law could inspire the interpretation of domestic law and educational practice, without neglecting specific cultural aspects. Firstly, the article reviews the sociological debate on values in education and shows its importance for the legal discussion. Secondly, some critical contestations (...)
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  17.  64
    Treaty Norms and Climate Change Mitigation.Darrel Moellendorf - 2009 - Ethics and International Affairs 23 (3):247-266.
    Treaty Norms and Climate Change MitigationDarrel MoellendorfCurrently the international community is discussing the regulatory framework to replace the Kyoto Protocol after 2012. The unveiling of the new framework is scheduled to occur at the December 2009 COP in Copenhagen. The stakes are high, since any treaty will affect the development prospects of per capita poor countries and will determine the climate change–related costs borne by poor people for centuries to come. Failure to arrive at an agreement would have grave (...)
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  18.  42
    Contract, Treaty, and Sovereignty.Matthew J. Lister - 2019 - In Claire Oakes Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. Oxford University Press. pp. 283-307.
    It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or (...)
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  19.  26
    A Perspective of Objectivity in International Human Rights Treaties.Jingjing Wu - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (2):369-390.
    In this paper I argue that there is objectivity in international human rights law, against which the justifiability of arguments can be determined, and which could advance the universality versus relativity of human rights debate. Revisiting the three schools of treaty interpretation and applying the three elements of Radbruch’s rule of law, I discuss how the interpreter’s job of balancing those schools has limited room for manoeuvre. I further propose an approach to help jurists detect unjustifiable arguments in treaty (...)
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  20.  9
    The Social Clause in Trade Treaties: Implications for International Firms.Rajib N. Sanyal - 2001 - Journal of Business Ethics 29 (4):379-389.
    Various advocacy groups and primarily domestic-focused firms in developed countries have been pushing governments to include a "social clause" in trade treaties with less developed countries. Such a clause is designed to link trading access to markets in developed countries with improvements in working conditions in poor nations. The implications of such a clause for internationally-focused firms and how managers can effectively deal with human rights issues in their foreign operations are examined. Various constituencies in this debate are identified (...)
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  21.  17
    Investors versus Workers: A Class‐Based Critique of International Investment Treaties.Mirjam Müller - 2023 - Journal of Applied Philosophy 40 (4):690-707.
    Bilateral investment treaties constitute an important instrument to facilitate global investment. Recent discussions in political theory have highlighted several normative concerns raised by bilateral investment treaties. One worry is that investment treaties undermine national self‐determination as they grant investors far‐reaching protections that can be legally enforced. Another worry is that the benefits and burdens entailed in bilateral investment treaties are distributed unfairly in a way that benefits investors at the expense of states and disadvantaged groups within (...)
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  22. Laozi si xiang yu ren lei sheng cun zhi dao: 2010 Luoyang Laozi wen hua guo ji lun tan wen ji = Laozi thought and the existing road for humanity: treaties collection of International Forum on Laozi Culture in Luoyang, in 2010.Baoyou Zhao, Xiuchang Gao & Yinan Yang (eds.) - 2011 - Beijing Shi: She hui ke xue wen xian chu ban she.
     
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  23. International law in context.Cara Warren - 2022 - Durham, North Carolina: Carolina Academic Press.
    International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. (...)
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  24. “The Treaty Power and the Supremacy Clause: Rethinking Reid v. Covert in a Global Context.”.Vincent Samar - 2010 - Ohio-Northern Law Review 36:287-357.
    In this article I want to consider whether the authority of the United States to enter into treaties in a global environment is limited by constitutional constraints. The issue arises because a reasonable interpretation of the language of Article VI would place the treaty power on the same status-footing as the Constitution of the United States. But if that is the case, then presumably a treaty might be designed that could delegate constitutional powers to bodies like the United Nations, (...)
     
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  25.  5
    The Idea of Friendship in the Sino-Soviet Treaty of Friendship, Alliance and Mutual Assistance.Chengzhang Zou - 2023 - Bulletin of Taras Shevchenko National University of Kyiv Philosophy 2 (9):59-62.
    B a c k g r o u nd. The article critically examines the concept of peace in the context of the Sino-Soviet Treaty of Friendship, Alliance and Mutual Assistance. This study delves into the historical, diplomatic, and philosophical dimensions of the Treaty between the Soviet Union and the People's Republic of China in the mid-twentieth century. M e t h o d s. The study is based on a systematic analysis of the original documents of the Sino-Soviet Treaty and (...)
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  26. The patent cooperation treaty.Justine Pila - unknown
    The Patent Cooperation Treaty (PCT) is an international treaty that was concluded in 1970 as a special agreement under the 1883 Paris Convention for the Protection of Industrial Property. It establishes an international system for the filing and examination of patent applications and the conduct of “prior art” (technical literature) searches that is administered by a network of national and regional patent offices acting as Receiving Offices, International Searching Authorities and/or International Preliminary Examining Authorities. Its specific (...)
     
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  27.  23
    Correction to: Conceptualizing Corporate Accountability in International Law: Models for a Business and Human Rights Treaty.Nadia Bernaz - 2022 - Human Rights Review 23 (1):101-101.
  28.  24
    The social clause in trade treaties: Implications for international firms. [REVIEW]Rajib N. Sanyal - 2001 - Journal of Business Ethics 29 (4):379 - 389.
    Various advocacy groups and primarily domestic-focused firms in developed countries have been pushing governments to include a "social clause" in trade treaties with less developed countries. Such a clause is designed to link trading access to markets in developed countries with improvements in working conditions in poor nations. The implications of such a clause for internationally-focused firms and how managers can effectively deal with human rights issues in their foreign operations are examined. Various constituencies in this debate are identified (...)
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  29.  39
    Why a treaty on autonomous weapons is necessary and feasible.Daan Kayser - 2023 - Ethics and Information Technology 25 (2):1-5.
    Militairy technology is developing at a rapid pace and we are seeing a growing number of weapons with increasing levels of autonomy being developed and deployed. This raises various legal, ethical, and security concerns. The absence of clear international rules setting limits and governing the use of autonomous weapons is extremely concerning. There is an urgent need for the international community to work together towards a treaty not only to safeguard ethical and legal norms, but also for our (...)
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  30.  11
    Patterns of Treaty Interpretation as Anti-Fragmentation Tools: A Comparative Analysis with a Special Focus on the ECtHR, WTO and ICJ.Liliana E. Popa - 2018 - Cham: Imprint: Springer.
    This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting 'self-contained' regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the (...)
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  31.  10
    Equity in the Pandemic Treaty: Access and Benefit-Sharing as a Policy Device or a Rhetorical Device?Abbie-Rose Hampton, Mark Eccleston-Turner, Michelle Rourke & Stephanie Switzer - 2023 - Journal of Law, Medicine and Ethics 51 (1):217-220.
    Equity is a foundational concept for the new World Health Organization (WHO) Pandemic Treaty. WHO Member States are currently negotiating to turn this undefined concept into tangible outcomes by borrowing a policy mechanism from international environmental law: “access and benefit-sharing” (ABS).
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  32.  17
    A Global Pandemic Treaty Must Address Antimicrobial Resistance.Lindsay A. Wilson, Susan Rogers Van Katwyk, Isaac Weldon & Steven J. Hoffman - 2021 - Journal of Law, Medicine and Ethics 49 (4):688-691.
    Antimicrobial resistance (AMR) is one of the defining global health threats of our time, but no international legal instrument currently offers the framework and mechanisms needed to address it. Fortunately, the actions needed to address AMR have considerable overlap with the actions needed to confront other pandemic threats.
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  33.  60
    Reservations to Human Rights Treaties: Problematic Aspects Related to Gender Issues.Aistė Akstinienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):451-468.
    In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state (...)
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  34.  10
    Political Feasibility and a Global Climate Treaty.David Lefkowitz - forthcoming - Ethics, Policy and Environment.
    I contend that to be politically feasible a global climate treaty must satisfy the International Paretian principle (IP). I begin by defending IP as a principle of instrumental rationality that reflects the fact of extremely limited altruism vis-à-vis foreigners. I then address two objections to my thesis. One holds that an IP treaty is either economically infeasible or, contrary to its proponents’ claim, does not require side payments from poor states to rich ones. The other holds poor states will (...)
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  35.  49
    Vienna Convention on the Law of Treaties: A Commentary.Oliver Dörr & Kirsten Schmalenbach (eds.) - 2018 - Berlin, Heidelberg: Imprint: Springer.
    The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention's provisions. Each provision's analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law (...)
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  36.  5
    Democracy in international law-making: principles from Persian philosophy.Salar Abbasi - 2021 - New York, NY: Routledge.
    This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names 'democratic egalitarian multilateralism' is founded on: the idea of 'egalitarian law' by Suhrawardi, (...)
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  37.  11
    Beyond the Treaty of Utrecht: Véron de Forbonnais's French Translation of the British Merchant.Antonella Alimento - 2014 - History of European Ideas 40 (8):1044-1066.
    SummaryThis study focuses on the cultural and political context from which stemmed the French translation of the British Merchant. The paratextual and macrostructural interventions that characterised Le négotiant anglois clearly demonstrate that the translator, Véron de Forbonnais, used his work to set out his own epistemological method and his way of looking at inter-state relations. With the book, Forbonnais had distanced himself from Gournay by rejecting the idea that in order for France to prosper in a situation of international (...)
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  38. Climate Change and Justice: A Non-Welfarist Treaty Negotiation Framework.Alyssa R. Bernstein - 2015 - Ethics, Policy and Environment 18 (2):123-145.
    Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...)
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  39.  13
    Negotiating sovereignty: the peace treaty of Munster, 1648.Laura Manzano Baena - 2007 - History of Political Thought 28 (4):617-641.
    Historical political entities differ in their understanding of sovereignty. This paper studies how conceptualizations of sovereignty clashed during the peace negotiations between the Spanish Monarchy and the United Provinces of the Low Countries held during the 1640s. It argues that these different understandings of sovereignty posed a significant obstacle to the signing of the peace and, once signedm remained a potential source of instability in the relationship not only between both polities but also for the internal equilibrium of the Dutch (...)
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  40.  20
    Enhancing Human Rights: How the Use of Human Rights Treaties to Prohibit Genetic Engineering Weakens Human Rights.Martin Gunderson - 2008 - Journal of Evolution and Technology 18 (1):27-34.
    Genetic engineering for purposes of human enhancement poses risks that justify regulation. I argue, however, that it is inappropriate to use human rights treaties to prohibit germ-line genetic engineering whether therapeutic or for purposes of enhancement. The scope and weight of human rights make them poor tools for regulating a rapidly developing technology such as genetic engineering. On the other hand, international treaties are appropriate regulatory tools as long as prohibitions are not put in terms of human (...)
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  41.  13
    International health law and ethics: basic documents.André den Exter (ed.) - 2011 - Portland, Or.: Maklu ;.
    This book contains a collection of treaty documents and soft law on health care rights and health ethics which are used in health law training programs. Regional documents and explanatory reports on health care rights, which are derived from international human rights law, provide a way of "unwrapping" government obligations in health care, making rights more specific, accessible, and (judicially) accountable. In addition, soft law declarations and medical ethics contribute to understanding the moral meaning of human rights in health (...)
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  42.  28
    Business and Human Rights, from Theory to Practice and Law to Morality: Taking a Philosophical Look at the Proposed UN Treaty.Ana-Maria Pascal - 2020 - Philosophy of Management 20 (2):167-200.
    This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which it might (...)
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  43.  57
    Comparative political theory, indigenous resurgence, and epistemic justice: From deparochialization to treaty.Daniel Sherwin - 2022 - Contemporary Political Theory 21 (1):46-70.
    As political theorists address the parochial foundations of their field, engagement with the Indigenous traditions of Turtle Island is overdue. This article argues that theorists should approach such engagement with caution. Indigenous nations’ politics of knowledge production may differ from those of de-parochializing political theorists. Some Indigenous communities, in response to violent histories of knowledge extraction, have developed practices of refusal. The contemporary movement of resurgence engages Indigenous traditions of political thought toward the end of promoting Indigenous intellectual and political (...)
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  44.  5
    Public international law.Philip Bobbitt - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 103–118.
    This chapter contains sections titled: The Subject Matter of International Law The Sources of International Law Conclusion References.
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  45.  7
    Mobilising International Law for 'Global Justice'.Jeff Handmaker & Karin Arts (eds.) - 2018 - Cambridge University Press.
    Mobilising International Law for 'Global Justice' provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage (...)
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  46.  3
    International Human Rights Law.Martin Scheinin - 2015 - In Dennis Patterson (ed.), A Companion to European Union Law and International Law. Wiley-Blackwell. pp. 439–457.
    Consistent with Article 38 of the Statute of International Court of Justice, the primary sources of international human rights law can be identified as treaty, custom, and general principles of law derived from national legal systems. Treaty provisions in human rights law are often textually fairly open‐ended and hence will need to be read in the light of institutionalized practices of interpretation, such as the jurisprudence by regional human rights courts and international human rights treaty bodies. Despite (...)
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  47.  17
    Grotius, Informal Empire and the Conclusion of Unequal Treaties.Inge Van Hulle - 2016 - Grotiana 37 (1):43-60.
    _ Source: _Volume 37, Issue 1, pp 43 - 60 Unequal treaties have become synonymous with the imperial practice of Western states in East Asia during the nineteenth century. They have also become a popular subject of study for historians of international law. A neglected feature of the history of unequal treaties is the way they were used and theorised upon as instruments of informal empire before the nineteenth century, in the early-modern age. Hugo Grotius in particular (...)
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  48.  10
    Access to Health Care in the Netherlands: The Influence of (European) Treaty Law.André den Exter - 2005 - Journal of Law, Medicine and Ethics 33 (4):698-710.
    In the Netherlands, access to healthcare has been guaranteed by social health insurance legislation. But since the introduction of the Health Insurance Act in the 1960s, the health insurance system has been in a state of flux. Numerous reforms have changed the system gradually, of which the latest is the introduction of a competitive health insurance scheme for the entire population.Cutting across the various reforms has, however, been the goal of access to healthcare services as defined by international treaty (...)
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  49. The International Community and Limitations of Sovereignty.Mario Bettati - 1996 - Diogenes 44 (176):91-109.
    Public international law is entirely a product of consensualism. The State, which is both the legislator and subject of the world juridical order, only agrees to comply with exterior norms to the extent that it approves of their content. Any treaty, in its contractual nature; any custom, in its consensual nature; any decision of an international organization, in its ability to be en forced, expresses the agreement of the concerned States, whether on a case by case or global (...)
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  50.  8
    Establishing expansion as a legal right: an analysis of French colonial discourse surrounding protectorate treaties.Jong-pil Yoon - 2020 - History of European Ideas 46 (6):811-826.
    ABSTRACT This essay analyses French literature on protectorates that was published in the late nineteenth and early twentieth centuries. Firstly, I examine French understanding of protectorates with a focus on contrasting views about whether or not a protectorate treaty warrants the intervention of the protector in the internal affairs of the protected. In doing so, I attempt to delineate specific ways legal scholarship engaged with the ideological construction of a supposedly uncivilized other. Then I move on to trace the development (...)
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