All Outputs (169)

Multi-level governance in the EU and EU democracy : democratic legitimacy, democratic accountability and transparency of the European offices of the English local authorities in Brussels (2017)
Journal Article
Panara, C., & Varney, M. (2017). Multi-level governance in the EU and EU democracy : democratic legitimacy, democratic accountability and transparency of the European offices of the English local authorities in Brussels. Regional and Federal Studies, 27(2), 153-170. https://doi.org/10.1080/13597566.2017.1308926

This paper seeks to examine the role and functions of the representative offices of English local authorities in Brussels by considering the democratic legitimacy (i.e. linkage to elected councillors or mayors), accountability and transparency of the... Read More about Multi-level governance in the EU and EU democracy : democratic legitimacy, democratic accountability and transparency of the European offices of the English local authorities in Brussels.

May science be with you: Can scientific expertise confer legitimacy to transnational authority? (2017)
Journal Article
Paskalev, V. (2017). May science be with you: Can scientific expertise confer legitimacy to transnational authority?. Transnational Legal Theory, 8(2), 202-223. https://doi.org/10.1080/20414005.2017.1356624

The paper draws on the recent science and technology scholarship (STS) to criticise the dominant understanding of the role of science on which the existing system of transnational regulation is based. In particular, it employs the concept of epistemi... Read More about May science be with you: Can scientific expertise confer legitimacy to transnational authority?.

Free trade as a force of political stability? The case of mainland China and Hong Kong (2017)
Journal Article
Villalta Puig, G., & Chan, V. (2017). Free trade as a force of political stability? The case of mainland China and Hong Kong. International Lawyer, 49(3), 299-323

Is free trade a force of political stability? This article argues that, while political stability could be a cause, it is not always a consequence of free trade. To test this argument, the article analyses the political causes and consequences of the... Read More about Free trade as a force of political stability? The case of mainland China and Hong Kong.

Regulating civil mediation in England and Wales: towards a 'win-win' outcome (2017)
Journal Article
Whitehouse, M. (2017). Regulating civil mediation in England and Wales: towards a 'win-win' outcome. Mediation theory and practice, 2(1), 69-83. https://doi.org/10.1558/mtp.31937

Civil mediation in Britain has rapidly moved away from being an option, for private choice, to becoming increasingly a compulsory or near-compulsory part of the public justice system. But regulation of the mediation industry remains minimal, and unde... Read More about Regulating civil mediation in England and Wales: towards a 'win-win' outcome.

English as common legal language: Its expansion and the effects on civil law and common law lawyers (2017)
Journal Article
Künnecke, M. (2017). English as common legal language: Its expansion and the effects on civil law and common law lawyers. European review of private law = Revue européenne de droit privé = Europäische Zeitschrift für Privatrecht, 24(5), 733-757

English has become the common language in a globalized legal world. However, the far-reaching consequences of the domination of key areas of the international practice of law by legal English are not yet fully understood and analysed. This article is... Read More about English as common legal language: Its expansion and the effects on civil law and common law lawyers.

Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders (2017)
Journal Article
Harrison, K., & Gill, A. K. (2017). Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders. Journal of Sexual Aggression, 23(3), 300-311. https://doi.org/10.1080/13552600.2016.1267271

This article examines R v Jamal Muhammed Raheem Ul Nasir, a Court of Appeal case where leave to appeal against a seven-year custodial sentence for sexual offences against children was refused. The appellant argued that his sentence length was excess... Read More about Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders.

Using statutes and cases in common and civil law (2016)
Journal Article
Lundmark, T., & Waller, H. (2016). Using statutes and cases in common and civil law. Transnational Legal Theory, 7(4), 429-469. https://doi.org/10.1080/20414005.2016.1275590

This paper demonstrates that reasoning with statutes and reasoning with cases are actually one and the same intellectual activity. Further, the reasoning practice of the courts in Germany, California, and England and Wales is identical. This finding... Read More about Using statutes and cases in common and civil law.

The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law (2016)
Journal Article
Barnes, R. (2016). The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law. International Journal of Marine and Coastal Law, 31(4), 583-619. https://doi.org/10.1163/15718085-12341411

As the development of an implementation agreement on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction gathers pace, it is important to consider how this might impact upon international fisheries law. A... Read More about The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law.

It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts (2016)
Journal Article
Stirling, G. (2017). It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts. Journal of European Competition Law and Practice, 8(4), 233-241. https://doi.org/10.1093/jeclap/lpw085

• Damages actions brought in UK courts under either EU or UK competition law generally invoke breach of statutory duty as the cause of action. • Attempts have been made by claimants in recent years, however, to use the economic torts of conspiracy by... Read More about It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts.

Is climate change an unforeseen, irresistible and external factor – A force majeure in marine environmental law? (2016)
Journal Article
Saul, R., Barnes, R., & Elliott, M. (2016). Is climate change an unforeseen, irresistible and external factor – A force majeure in marine environmental law?. Marine pollution bulletin, 113(1-2), 25-35. https://doi.org/10.1016/j.marpolbul.2016.06.074

© 2016 Elsevier Ltd Several environmental laws include provisions on natural causes or force majeure, which except States from their commitments if it can be proven that the failure to meet the commitment is due to factors outside their control. The... Read More about Is climate change an unforeseen, irresistible and external factor – A force majeure in marine environmental law?.

Reasoning through Crisis: Crisis, Incommensurability and Belief (2016)
Journal Article
Connelly, J. (2019). Reasoning through Crisis: Crisis, Incommensurability and Belief. Revue Française de Civilisation Britannique, 21(2), https://doi.org/10.4000/rfcb.1069

This paper draws on Thomas Kuhn’s The Structure of Scientific Revolutions, but it is neither an exposition nor a critique of that book and uses certain concepts from it as a springboard for reflections on the nature of crisis. Kuhn’s key term was par... Read More about Reasoning through Crisis: Crisis, Incommensurability and Belief.

Police responses to intimate partner sexual violence in South Asian communities (2016)
Journal Article
Gill, A. K., & Harrison, K. (2016). Police responses to intimate partner sexual violence in South Asian communities. Policing, 10(4), 446-455. https://doi.org/10.1093/police/paw027

Recognition of sexual violence as a serious problem has been reflected in the wide range of initiatives that over the past 20 years in the UK have been designed to tackle this problem. Emphasis on prevention, protection, and redress has enabled crimi... Read More about Police responses to intimate partner sexual violence in South Asian communities.

Is nudging really extra-legal? (2016)
Journal Article
Cserne, P. (2016). Is nudging really extra-legal?. Revue Tocqueville / Tocqueville Review, 37(1), 159-180

Some of the scholarly literature on nudges seems to assume, without giving it much further thought, that nudges represent a non-legal or extra-legal form of regulation. Others routinely assume nudges to be legal, i.e. capable of being authorized and... Read More about Is nudging really extra-legal?.

Bulgarian constitutionalism : challenges, reform, resistance and ... frustration (2016)
Journal Article
Paskalev, V. (2016). Bulgarian constitutionalism : challenges, reform, resistance and ... frustration. European Public Law, 22(2), 203-224

The paper offers an analysis of Bulgarian constitutional development since 2001 and the impossibility of progressive reforms. It links the decline of quality of democracy with the decline of quality of public discourse.

Italian triangulations : R.G. Collingwood and his Italian colleagues (2016)
Journal Article
Connelly, J. (2016). Italian triangulations : R.G. Collingwood and his Italian colleagues. Journal of the Philosophy of History, 10(2), 305-324. https://doi.org/10.1163/18722636-12341331

Review of History as Thought and Action: The Philosophies of Croce, Gentile, de Ruggiero and Collingwood (Exeter: Imprint Academic, 2014).

Effective redress of grievance in data protection : an illusion? (2016)
Journal Article
Varney, M. (2016). Effective redress of grievance in data protection : an illusion?. Maastricht Journal of European and Comparative Law, 23(3), 550-567. https://doi.org/10.1177/1023263X1602300310

This article questions whether the current data protection legislative framework in the EU to provide effective redress of grievance for those who are affected by a breach of data protection law. It considers the extent to which the principle of effe... Read More about Effective redress of grievance in data protection : an illusion?.

The right to a fair trial and the military justice system in Pakistan (2016)
Journal Article
Shah, N. A. (2016). The right to a fair trial and the military justice system in Pakistan. Journal of International Humanitarian Legal Studies, 7(2), 330-362. https://doi.org/10.1163/18781527-00702003

This article analyses the military justice system of Pakistan to determine to what extent it is compatible with fair trial standards recognised by human rights law and the constitution of Pakistan. It sets out the fair trial tests and apply them to t... Read More about The right to a fair trial and the military justice system in Pakistan.

Expert testimony, law and epistemic authority (2016)
Journal Article
Ward, T. (2017). Expert testimony, law and epistemic authority. Journal of Applied Philosophy, 34(2), 263-277. https://doi.org/10.1111/japp.12213

© Society for Applied Philosophy, 2016 This article discusses the concept of epistemic authority in the context of English law relating to expert testimony. It distinguishes between two conceptions of epistemic authority (and epistemic deference), on... Read More about Expert testimony, law and epistemic authority.

Das Verhältnis der Richter des Vereinigten Königreichs zu Europa und der europäischen Integration. Kompetenzen, Grundrechte und Identität (2015)
Journal Article
Birkinshaw, P. (2015). Das Verhältnis der Richter des Vereinigten Königreichs zu Europa und der europäischen Integration. Kompetenzen, Grundrechte und Identität. Europarecht, 50(3), 267-289. https://doi.org/10.5771/0531-2485-2015-3-267

Kritische Töne sind zu hören, wenn man sich die politischen Debatten im Vereinigten Königreich über Europa anschaut. Die juristische Debatte hingegen wird anders als die politische geführt. Die Richterschaft beschäftigt sich weit intensiver mit der e... Read More about Das Verhältnis der Richter des Vereinigten Königreichs zu Europa und der europäischen Integration. Kompetenzen, Grundrechte und Identität.

GMO regulation in Europe: undue delegation, abdication or design flaw? (2015)
Journal Article
Paskalev, V. (2015). GMO regulation in Europe: undue delegation, abdication or design flaw?. European Journal of Risk Regulation, 6(4), 573-578. https://doi.org/10.1017/s1867299x00005110

On 22 April 2015 the European Commission published a review of the current GMO legislation (the GM Review) and tabled a proposal for its amendment (the GM Proposal). The GM Proposal aims to allow to the member states to ban on their territory the use... Read More about GMO regulation in Europe: undue delegation, abdication or design flaw?.