Готові списки джерел за темами / Customary law – Southern States – History

Добірка наукової літератури з теми "Customary law – Southern States – History"

Автор: Grafiati

Опубліковано: 27 липня 2024

Оновлено: 28 липня 2024

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Статті в журналах з теми "Customary law – Southern States – History"

Abdullah, Abdurisaq Abdurahman. "Legal Basis for Unilateral Secession of Somaliland from Somalia." International Journal of Geopolitics and Governance 2, no. 1 (July 16, 2023): 55–61. http://dx.doi.org/10.37284/ijgg.2.1.1323.

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This article explores the legal basis for Somaliland’s unilateral secession from Somalia and whether it violates Somalia’s territorial integrity under international law. The article provides a brief history of Somaliland’s original independence and its subsequent union with Somalia. Following the collapse of the Somali government, Somaliland declared its secession from Somalia in 1991, while the southern region plunged into anarchy. The article examines the criteria for state recognition, with Somaliland fulfilling three of the four requirements. The article delves into the principles of self-determination, sovereignty, and territorial integrity under international law. Although the right to self-determination is fundamental, some experts argue that it does not apply to unilateral secession, as it is in conflict with territorial integrity. Conversely, others argue that self-determination promotes decolonisation and allows individuals to take part in local decision-making, including secession. The article also discusses the role of the International Court of Justice (ICJ), which considers customary law, and the principle of territorial integrity, which only prohibits foreign interference. Besides, this article provides an overview of the concept of recognition in relation to unilateral secession. It discusses the two main perspectives on recognition, constitutive and declaratory. The article examines several cases of state formation, including Eritrea, South Sudan, Czechoslovakia, and the Soviet Union, and emphasises the importance of mutual consent in the creation of new states. In conclusion, the article provides an overview of the legal basis for Somaliland’s unilateral secession and the principles of self-determination, sovereignty, and territorial integrity. It examines the criteria for state recognition and the role of the ICJ, human rights advocates, and the Security Council in interventions. Ultimately, the recognition of a new state depends on political will, which can have a significant impact on the decision-making process.

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Himonga, Chuma, and Fatimata Diallo. "Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 30, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3267.

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The student protests in South African Universities, which started in 2015, demanded the decolonisation of certain aspects of higher education. While the primary demand is free education, issues of the curriculum and transformation connected with the country's history of colonialism and apartheid have also surfaced. In the field of law, demands for curriculum change are accompanied by the broad issue of the decolonisation of law, translating into questions of legal history, the concept of law, the role of law in African societies, the status of indigenous systems of law in the post-independent/apartheid legal system, and how law is taught in law schools.This paper examines the idea of the decolonisation of law in relation to the teaching of law in African states previously under the influence of English or Roman-Dutch colonial/apartheid legal history. The teaching of law is with special reference to the system of law that governs the majority of people in Africa in private law and aspects of governance – living customary law. The paper examines the design of legal education with respect to three elements that are essential to the decolonisation of law and legal education. The elements under review are the inclusion of living customary law in legal education, a shift in the legal theoretical paradigm within which law is taught, and the interdisciplinary study of law. Thus, the paper links the decolonisation of law to how law is taught, with special reference to living customary law. In discussing these elements, the paper draws examples from the South African legal system, because it has the most advanced jurisprudential conceptualisation of customary law on the African Continent.

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Aidonojie, Paul Atagamen, and Oaihimire Idemudia Edetalehn. "A FACILE STUDY OF THE STATUTORY CHALLENGES CONCERNING CUSTOMARY PRACTICE OF INTESTATE SUCCESSION IN NIGERIA." JHR (Jurnal Hukum Replik) 11, no. 1 (April 1, 2023): 1. http://dx.doi.org/10.31000/jhr.v11i1.7552.

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The custom and tradition of Nigeria is an outgrowth from the history of the society. In this regard, customary law emanate from the spirit of the people. However, it has been observe that by the locally made Wills Law of some state in Nigeria, it recognize and preserve the Nigerian’s customary practice of intestate succession. However, the Wills Act of 1837 which applies to all state except state that have enact their wills law, seem to create a limitation on customary intestate succession. It is in this regard, that this study adopts a hybrid method of research in analysing the statutory preservation and limitation of Nigeria’s customary practice of intestate succession by the wills laws and Act in Nigeria. The study made use online survey questionnaires sent to 308 legal practitioners (randomly selected) in the various states of the federal republic of Nigeria. A descriptive and an analytical statistic were used to analyse 308 respondent responses to the questionnaire. The study found that 76% of the respondent identify that Wills Act places customary limitation on customary intestate succession and they prefer the Wills Laws of 1958, given it preservation of the Nigerian custom and traditions concerning intestate succession. It was therefore, concluded and recommended that there is a need for some of those states that still applies the Wills Act of 1837, to enact or amend the Wills Act to recognised customary intestate succession.

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Santuraki, Suleiman Usman. "THE LEGAL FRAMEWORK ON REBELLION AND INSURGENCY IN ISLAMIC LAW AND CUSTOMARY INTERNATIONAL LAW: A REVIEW." Malaysian Journal of Syariah and Law 6, no. 2 (November 29, 2018): 11–23. http://dx.doi.org/10.33102/mjsl.vol6no2.140.

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Over the years, Muslim countries have been faced with wave of violence mostly related to insurgency or rebellion, leading to loss of lives and property on an unprecedented scale. Interestingly, rebellion and insurgency have a long, controversial, and deeply rooted history in Islam. As such, it is one of the most thoroughly studied and regulated concepts in Islamic law. Other non-Muslim societies too, have faced these kinds of challenges at different stages of their development, underlining the literature on rebellion and insurgency in customary international law. Therefore, from Muslim to non-Muslim states, this challenge is not a new one: there clearly is no shortage of legal regulation from either side. Notwithstanding, the menace of insurgency related violence seems to have defied all attempts at regulation. This paper compares the regulation of insurgency and rebellion under Islamic law and customary international law with a view to identifying the similarities or otherwise. It thereby relates the trends in rebellion and insurgency in both Muslim and non-Muslim countries to the legal regime in both systems. The paper finds that the legal regime regulating rebellion and insurgency in Islamic law and customary international law are similar, with trivial variances in substance. This being the case, it raises the question if the legal regulation of these issues has had any effect on the unending violence that has so far destroyed several states and led to loss of millions of lives. The paper concludes that notwithstanding the seeming laxity of the legal regimes regulating insurgency and rebellion in both Islamic law and customary international law, the genesis of the problem might have been with application rather than the substance of the law.

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Boister, Neil. "A History of Double Criminality in Extradition." Journal of the History of International Law / Revue d'histoire du droit international 25, no. 2 (June 16, 2023): 218–57. http://dx.doi.org/10.1163/15718050-bja10089.

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Abstract This article sets out the history of double criminality in the law of extradition. It shows how that it only emerged as a legal requirement in the ‘Jay Treaty’, the 1794 treaty between theUSand UK. The article explores how the ‘Jay proviso’, a procedural requirement that the requesting state produce sufficient evidence to satisfy the requested state of the criminality of the requested person, morphed through interaction between common law and civil law states into a substantive requirement that the acts for which extradition is requested be criminal under the laws of both states. The article diccusses the evolution of the idea, and of its rationale, and then concludes that acceptance of this idea by the early part of the 20th Century confirmed its status as a general principle of law, or perhaps even a rule of customary international law.

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Supriyadi, Supriyadi, Gatot Dwi Hendro Wibowo, Galang Asmara, and Muhaimin. "Application of the Adat Principles Barenti ko Syara', Syara' Barenti ko Kitabullah in Sumbawa Regency." International Journal of Scientific Research and Management 11, no. 04 (April 8, 2023): 408–10. http://dx.doi.org/10.18535/ijsrm/v11i04.lla2.

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The existence of indigenous peoples has been regulated in Article 18B paragraph (2), which states that the state recognises and respects customary law community units and their traditional rights as long as they are still alive and by development. Society and the principles of the unitary state of the Republic of Indonesia are further regulated in law to provide recognition and respect for customary law communities as a basic concept or pillar of the application of customary law in Indonesia. There is much evidence of traces of the spread of Islam left by their ancestors, both in ancient manuscripts, historical buildings, customs, arts, and various other cultural products, including in the Sumbawa district, which until now apply established principles in everyday life. The regional regulation establishes a traditional institution as a body or institution whose job is to preserve customs in Sumbawa which have been ingrained and rooted in the life of the Sumbawa people, accommodating businesses such as customs for marriage, inheritance, land management, and several other customary norms which have the motto of the Adat principle. Barenti ko syara', syara' barenti ko kitabullah.

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Driessen, Bart. "Slav non-citizens in the Baltics." International Journal on Minority and Group Rights 2, no. 2 (1994): 113–37. http://dx.doi.org/10.1163/157181194x00030.

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AbstractThis study argues that customary international law obliges the Baltic states to accept the Slav populations as an integral part of the Baltic peoples. The history and collapse of the Soviet Union has produced large groups of Slav immigrants to remain in the Baltic states. They are not automatically granted citizenship rights in Estonia and Latvia, as they have to prove to qualify for naturalisation. People descending from the inter-War citizenry do ipso facto qualify for citizenship. First the nature of the coming-to-independence of the Baltic states is analysed, after which the law on self-determination is investigated. The de facto recognition of the Soviet annexation by most of the international community is seen as the watershed as far as the status of the Baltic states is concerned; from then on they were for all practical purposes part of the Soviet Union. Following an analysis of the applicable norms of customary international law, a scrutiny of relevant Baltic legislation is presented.

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Heinicke, Craig W. "One Step Forward: African-American Married Women in the South, 1950-1960." Journal of Interdisciplinary History 31, no. 1 (July 2000): 43–62. http://dx.doi.org/10.1162/002219500551488.

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The labor-force participation of African-American married women in the southern United States was increasing during a period of deteriorating labor markets when that of African-American men was decreasing. Although the effect of this development on the African-American family was complex, the trend was certainly a sign of limited progress for these women. The jobs that they were able to acquire were generally better than their customary work since the Civil War, despite the adverse labor-market shocks to which African-American families were subject.

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Gasbarri, Lorenzo. "(Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law." Grotiana 43, no. 1 (August 1, 2022): 113–32. http://dx.doi.org/10.1163/18760759-43010006.

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Abstract In this paper, I first discuss the concept of ‘Grotian Moment’ in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. At the level of the organ, I reflect on the difference played by the presence or absence of member States in the institutional organ that adopts the practice relevant for custom formation. At the macro-level of the characteristics of the organization, I distinguish between so-called supranational and functional organizations. In general, I exclude the relevance of speaking in terms of a ‘Moment’ that produces a paradigm shift, and I stress the continuous change to which international law is subject.

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Silan, Marie-Sophie. "« Aussy avant les filz que les filles, et les filles que les filz » : les droits successoraux des filles de famille dans la coutume de Liège et dans les actes de la pratique du xvie siècle." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 91, no. 1-2 (August 25, 2023): 115–42. http://dx.doi.org/10.1163/15718190-2023xx08.

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Summary « Aussy avant les filz que les filles, et les filles que les filz » : inheritance rights of daughters according to the custom of Liège and in deeds of the 17th century. – In the 16th century, the customary law of Liège, a middle-sized estate of the Holy Roman Empire governed by a prince-bishop, excluded daughters from inheriting censal property located outside the ‘franchise’ of the states’ cities. However, such property – lands and buildings subjected to cens and annuities (‘cens’ and ‘rentes’) – often constituted a significant part of the parental estate. Aware of the issue, and of the risks that the law might lead to situations of conflicts, including legal proceedings, between their children, many parents, together or separately, derogated from the customary rule in their will. An aspect which has more rarely been brought to the fore by legal scholarship, marriage contracts were also a means to divide the inheritance equally among children.

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Дисертації з теми "Customary law – Southern States – History"

Hills, Thomas D. "The Recent Rise of Southern Banking." Digital Archive @ GSU, 2006. http://digitalarchive.gsu.edu/history_theses/9.

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Between 1984 and 1986 the legislatures of several southern states enacted changes to their banking laws that enabled banking companies in Southern Region states to acquire and be acquired by banking companies in other Southern Region states, as long as these companies qualified as “Southern.” The purpose of the compact was to allow some southern banking companies an opportunity to grow and gain financial strength before full interstate banking was permitted. This study shows that the compact was successful. In 1985 no southern banking companies were among the top ten banks in the country, but by 2005 four were. Furthermore, no major southern bank has been acquired by a U.S. banking company outside of the South, although several southern banking companies have bought banks in other regions. The southern economy and its banking industry have benefited, although the benefits have been unevenly spread among states.

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Adkins, Edward. "Opening Pandora's box : Richard Nixon, South Carolina, and the southern strategy, 1968-1972." Thesis, University of Oxford, 2013. https://ora.ox.ac.uk/objects/uuid:594d27ff-85d8-4a72-9f99-a8d9ffd563e3.

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Much discussed and little understood, Richard Nixon's southern strategy demands scrutiny. A brief survey of the literature suggests that study on this controversial topic has reached an impasse. Southern historians keen to emphasise the importance of class in the region's partisan development over the last fifty years insist that any southern strategy predicated on racialised appeals to disaffected white conservatives was doomed to failure. Conversely, conventional accounts of the Nixon era remain wedded to the view that the southern strategy represented a successful devil's bargain whereby an avaricious Californian exchanged the promise of racial justice for black southerners in return for white Dixie's electoral votes. Most sobering of all are political scientists concerned with executive power, who evidence the limited discretion enjoyed by presidents to implement any agenda inimical to the corporate will of the federal bureaucracy. Since Nixon's executive departments were brimming with Democratic holdovers from the Kennedy and Johnson years, the question of whether or not the President demanded concessions to southern racists apparently becomes more or less irrelevant: the 'fourth branch' of the federal government inevitably ensured that a southern strategy was simply impossible to execute. In reality, much of this stalemate is the product of academic territorial warfare on the battleground of a subject wide open to multiple interpretations. A southern historian keen to showcase the importance of his local research is likely to show little interest in evidence that a President based in Washington D.C. could initiate social change in Tuscaloosa, Alabama. Similarly, political scientists fighting an unrewarding battle to emphasise the autonomy of federal departments are naturally disinclined to highlight examples of presidential willpower altering bureaucratic culture. Nevertheless, an intriguing paradox remains in evidence. Despite leaning more towards the political philosophy of antediluvian white southerners than the demands of black Americans, Richard Nixon presided over a period of such fundamental social reconstruction below the Mason-Dixie line that he could legitimately claim to have desegregated more southern schools than any other President in history. Whilst a raft of excellent monologues demonstrating the impact of local movements down South on national politics have been published over the last decade, few have even attempted to explain this peculiar phenomenon. As Matthew Lassiter observed in a Journal of American History roundtable on American conservatism in December 2011, 'the recent pendulum swing has overstated the case for a rightward shift in American politics by focusing too narrowly on partisan narratives and specific election cycles rather than on the more complex dynamics of political culture, political economy, and public policy.' The purpose of this thesis is to explain how a President notorious for pursuing the votes of white segregationists rested at the head of a federal government that ruthlessly dismantled Jim Crow. By incorporating the range of methodologies elucidated above, it will identify exactly how much influence President Nixon and his executive officers exerted over civil rights policy. Was Nixon's reactionary agenda thwarted by over-mighty bureaucrats? Or did the President act more responsibly than the majority of commentators have admitted?

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Robinson, Sarah Elizabeth. "Civil Liberties and National Unity: Reaction to the Sedition Act in the Southern States, 1798." Thesis, University of North Texas, 2017. https://digital.library.unt.edu/ark:/67531/metadc1062890/.

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The traditional narrative of political party development in the United States of America during the latter half of the 1790s ascribes the decline in popularity of the Federalist Party in the Election of 1800 to that party's passage of controversial legislation, specifically the Sedition Act of 1798, prior to the election. Between the passage of the Sedition Act and the Election of 1800, however, the midterm elections of 1798-1799 transpired and resulted in a significant increase in Federalist popularity in four states – North Carolina, South Carolina, Georgia, and Virginia. This study seeks to ascertain why these four states increased their support for the Federalist Party in 1798-1799, despite the passage of the Sedition Act by the Federalist Party. By examining newspapers and election results, this study analyzes the reaction of these four states to the passage of the Sedition Act and finds that generally, these states did not react strongly against the Sedition Act in the immediate aftermath of its passage. Instead, all four states urged national unity and emphasized the need to support the national government because the United States faced the threat of war with France. This study employs a state-by-state formula to determine each state's individual reaction to the Sedition Act and the Quasi-War, finding that ultimately, the Sedition Act did not have as significant of an impact in these states as the popular narrative holds.

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Zelden, Charles Louis. "Justice lies in the district: A history of the United States District Court, Southern District of Texas, 1902-1960." Thesis, 1991. http://hdl.handle.net/1911/16500.

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Created in 1902, the United States District Court, Southern District of Texas quickly grew into one of the nation's largest and busiest federal trial courts. Serving the rapidly maturing region of southeast Texas, the Court soon had a large and unmanageable docket of public and private cases. Despite the addition of a new judge in 1942 and two new judges in 1949, the Southern District's extensive caseload constantly exceeded the ability of the Court's judges to effectively adjudicate all the business before them. Faced with caseload gridlock, the judges were forced to set priorities between the Court's various public and private functions, giving some categories of action precedence over others. The resulting choices shaped both the actions of the Southern District Court and its wider social, economic and political effects. During the Court's first sixty years, one choice predominated. Pressed by various political, economic, social, personal and legal forces all stressing the need to promote the rapid economic development of southeast Texas, the Court's judges emphasized service to the private economic needs of regional and national businesses. They did this despite the presence of a strong public agenda demanding strict enforcement of government economic and social regulations. The end product of this private emphasis was that the Southern District Court served as a tool for businessmen in their drive to dominate southeast Texas's social, political and economic development. Though only one of many tools utilized by proponents of private economic development, the Southern District Court was especially effective in promoting the stable patterns of growth necessary for private control of southeast Texas's future. As a relatively independent institution able set its own agenda, the Court quickly adapted its services to meet the changing needs of businesses for stability or expansion. In tough economic times, the Court protected vulnerable and failed business from collapse; in times of expansion, it promoted strict standards of ethical business behavior needed for stability. The end result was that the Court played an important, perhaps key, role in promoting business's domination of southeast Texas in the twentieth century, and hence, in shaping southeast Texas's development.

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Wilson, Steven Harmon. "Proceed to judgment: Aspects of judicial management of growth, change, and conflict in the United States District Court for the Southern District of Texas, 1960--2000." Thesis, 2000. http://hdl.handle.net/1911/19570.

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This dissertation is an historical study of efforts, primarily by federal district judges, to manage growth, change, and conflict in the U.S. District Court for the Southern District of Texas during the second half of the twentieth century. Examples of judicial management as I use the phrase encompass a wide variety of activities the federal district judges in the Southern District have undertaken since the 1950s. The judges were required to cope with institutional growth, they felt obliged to foster social change, and they were called on to resolve political conflict. This dissertation examines ways in which various modes of judicial management were manifested in federal trials concerned broadly with civil rights, economic issues, and criminal justice. These three legal, topics exist within specific statutory and doctrinal frameworks that have evolved over the past half century. I will discuss relevant developments in the law pertaining. to the major topics as necessary. However, this dissertation is neither a study of the statutory changes within these three legal categories, nor primarily a study of changes in the theory and practice of judicial management of dockets, cases, or institutions. Rather, I employ these fundamental elements in combination in an attempt to portray a sense of the legal, social, and organizational changes which have transpired over several critical decades in the history of the Southern District of Texas.

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Maxwell, Angela Christine. "A heritage of inferiority: public criticism and the American South." Thesis, 2008. http://hdl.handle.net/2152/3957.

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Книги з теми "Customary law – Southern States – History"

Morris, Thomas D. Southern slavery and the law, 1619-1860. Chapel Hill: University of North Carolina Press, 1996.

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Karsten, Peter. Between law and custom: "high" and "low" legal cultures in the lands of the British diaspora : the United States, Canada, Australia, and New Zealand, 1600-1990. Cambridge, UK: Cambridge University Press, 2002.

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S, Calhoun Frederick, Lewis Daniel 1972-, and University Publications of America (Firm), eds. Letters received by the Attorney General, 1809-1870: Southern law and order. Bethesda, MD: University Publications of America, 2001.

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George, Mills. No one is above the law: The story of southern Iowa's federal court. [United States?: s.n., 1994.

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1949-, Finkelman Paul, ed. Southern slaves in free state courts: The pamphlet literature. New York: Garland, 1988.

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Standing against dragons: Three southern lawyers in an era of fear. Baton Rouge: Louisiana State University Press, 1998.

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Belknap, Michal R. Federal law and Southern order: Racial violence and constitutional conflict in the post-Brown South. Athens, Ga: University of Georgia Press, 1995.

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G, Thomas William. Lawyering for the railroad: Business, law, and power in the New South. Baton Rouge: Louisiana State University Press, 1999.

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Covocation, on the Status of the Bill of Rights after 200 Years (1992 Law Center Southern University). Proceedings of the Convocation on the Status of the Bill of Rights after 200 Years held at the Law Center, Southern University, January 26, 1992. Baton Rouge, La: Louisiana Council on Human Relations, 1992.

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Henry, Jehanne. Under siege: Indiscriminate bombing and abuses in Sudan's Southern Kordofan and Blue Nile states. New York: Human Rights Watch, 2012.

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Частини книг з теми "Customary law – Southern States – History"

Gianelli, Alessandra. "Is Customary Law on the Prohibition to States to Commit Acts of Genocide Applicable to the Armenian Massacres?" In Studies in the History of Law and Justice, 125–40. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-78169-3_5.

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Fedorova, Masha, and Piet Hein van Kempen. "A History of Maritime Piracy." In Histories of Transnational Criminal Law, 115–27. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192845702.003.0009.

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Masha Fedorova and Piet Hein van Kempen eschew explorations of the nature of piracy to focus on whether there is some legal basis for an obligation in conventional and customary international law on states to criminalize piracy, concluding that such an obligation is absent. But the main thrust of the chapter is an historical survey which tries to decipher why this is the case.

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Nann, John B., and Morris L. Cohen. "International and Civil Law in the United States." In The Yale Law School Guide to Research in American Legal History, 246–76. Yale University Press, 2018. http://dx.doi.org/10.12987/yale/9780300118537.003.0010.

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This chapter discusses sources of information about international law and civil law in the United States. In beginning to look at U.S. practice in international law, a researcher needs to consider the sources of the law. The most important sources that may impose requirements or restrictions are treaties, which are agreements entered into between states. When approaching treaty research, researchers must consider three major steps. First, they must identify and locate the treaty; second, they must determine whether the treaty is “in force” and against whom; and third, they must consider how the terms of the treaty will be interpreted. In addition to treaties, the main sources of international law included in the Statute of the International Court of Justice are customary law, general principles of law, judicial decisions, and the writings of scholars or other publicists. The chapter then considers the place civil law had in the historical development of American law.

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Rudolf, Dolzer. "I History, Sources, and Nature of International Investment Law." In Principles of International Investment Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192857804.003.0001.

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This chapter discusses the history, sources, and nature of international investment law. Foreign investment law consists of general international law, of standards more specific to international economic law, and of distinct rules peculiar to the protection of investment. In addition, the law of the host State plays an important role. Depending upon the circumstances of an individual case, the interplay between relevant domestic rules of the host State and applicable rules of international law may become central to the analysis of a case. The chapter then surveys the most important sources of international investment law, including the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention); bilateral investment treaties (BITs); sectoral and regional treaties; customary international law; general principles of law; unilateral statements; and case law. It also highlights certain aspects that are relevant for the nature of current international investment law, including trade law; the balancing of duties and benefits in investment treaties; and good governance.

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Jeswald W, Salacuse. "4 A History of International Investment Treaties." In The Law of Investment Treaties. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198850953.003.0004.

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This chapter traces the history and considers the purposes and consequences of the movement by states to negotiate investment treaties. In the post-colonial era of nationalizations and contract renegotiations, the economic facts of life in host countries struggled against the form of various legal commitments made to foreign investors. To change the dynamics of this struggle so as to protect the interests of their companies and investors, capital-exporting countries began a process of negotiating international investment treaties that, to the extent possible, would be: (1) complete; (2) clear and specific; (3) uncontestable; and (4) enforceable. These treaty efforts took place at both the bilateral and multilateral levels, which, though separate, tended to inform and reinforce each other. As a result of this process, a widespread treatification of international investment law took place in a relatively short time. By the end of the second decade of the twenty-first century, foreign investors in many parts of the world were protected primarily by international treaties rather than as previously by customary international law alone. For all practical purposes, treaties have become the fundamental source of international law in the area of foreign investment.

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Amal, Clooney. "Introduction." In Freedom of Speech in International Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780198899372.003.0001.

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This introductory chapter provides an overview of the right to freedom of expression in international law. The chapter surveys the drafting history of the treaty provisions that enshrine this right and the development of jurisprudence interpreting them. It analyses the impact on the right to free speech of states’ reservations, declarations and derogations to article 19 of the ICCPR and regional instruments. It also canvasses whether these treaty provisions have reached customary international law status and therefore apply to states—such as China, Myanmar and Cuba—that have not ratified these agreements. Finally, this chapter charts points of convergence and divergence among the jurisprudence of international and regional human rights bodies as they interpret and apply international and regional treaties.

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Wheatley, Steven. "The Idea of International Human Rights Law." In The Idea of International Human Rights Law, 189–204. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198749844.003.0008.

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Chapter 7 summarizes and clarifies the argument in the book, explaining the distinctive nature of International Human Rights Law. It reminds us that states invented human rights in 1945 with the inauguration of the United Nations Charter. They explained the meaning of the term ‘human rights’ three years later with the adoption of the Universal Declaration of Human Rights, although the concept evolved in a radically different direction than originally expected as states responded to events in apartheid southern Africa. The central insight of this final chapter is that the moral concept of human rights, which emerges from the legal practice, then influences the legal practice. We see this with the introduction, without debate, of the system of Universal Periodic Review, in the pro homine approach to the interpretation of human rights treaties, and in the modern methodology for customary international law formation, which looks first to the communication acts of the United Nations General Assembly. The book concludes by showing how the influence of the idea of human rights on the legal practices can explain the fragmentation of international law and, relatedly, the special nature of International Human Rights Law.

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Gathii, James Thuo. "The Effect of Conquest on Private Property and Contract Rights." In War, Commerce, and International Law, 43–70. Oxford University PressNew York, NY, 2009. http://dx.doi.org/10.1093/oso/9780195341027.003.0002.

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Abstract The confiscation of private property during wartime is prohibited under customary international law. This chapter examines how well this rule has held up. To do so, I will discuss a 1905 House of Lords decision that explicitly found the rule against extinction was preempted by the prerogatives of the Crown. I will also discuss how Native American ownership of land in early American history was treated as mere possession upon conquest and in the various peace treaties between the United States and Spain, whereas similar possession of land by white colonial settlers was held to constitute unimpeachable private property interests.

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Stuart, Casey-Maslen. "Introduction." In The Anti-Personnel Mine Ban Convention. Oxford University Press, 2023. http://dx.doi.org/10.1093/law/9780192882639.003.0001.

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This chapter introduces the concept, history, and negotiation of the Anti-Personnel Mine Ban Convention. The treaty rules are not yet customary due to the absence of several major military powers from membership of the Anti-Personnel Mine Ban Convention, in particular China, India, Pakistan, the Russian Federation, and the United States. According to historians, the work involved in tunnelling through to the weakest part of a castle’s fortifications was highly dangerous to the miners. The chapter also considers anti-personnel mines’ clear military utility, referencing the defence review of South Africa in 1997. It notes the most widespread use of anti-personnel mines in low-intensity non-international armed conflict following the Second World War.

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Wieacker, Franz, Tony Weir, and Reinhard Zimmermann. "The Natural Law Codes." In A History Of Private Law In Europe, 257–75. Oxford University PressOxford, 1996. http://dx.doi.org/10.1093/oso/9780198258612.003.0019.

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Abstract The first wave of modern civil codes broke the conjunction of the Law of Reason and the Enlightenment. They appeared first in the absolute states of central and southern Europe1 and then, after the French Revolution, in western Europe. Though produced in very diverse circumstances, these codes have certain intellectual features in common. Whereas all previous legislation, such as the sixteenth century French Ordonnances and the German Reformations of laws, had sought to consolidate, organize, improve (‘reform’), or develop existing law, the purpose of these codes was to put the entire law into systematic and exhaustive order in pursuance of a comprehensive plan for society. The motive force behind all these efforts was the characteristic Enlightenment conviction that if only government or people acted in a rational and moral manner the result would be a better society. The Law of Reason seemed to show the way by offering blueprints for the good and reasonable polity, and excited the hope that one could discover once and for all the criteria of substantively correct law.

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