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All Outputs (175)

Multicultural conversations: The nature and future of culture, identity and nationalism (2024)
Journal Article
Modood, T., Parekh, B., Tyler, C., Uberoi, V., & Connelly, J. (online). Multicultural conversations: The nature and future of culture, identity and nationalism. Ethnicities, https://doi.org/10.1177/14687968241264814

Despite well-known criticism of multiculturalism in Britain, the Netherlands, Germany, Canada, Australia, India and elsewhere since 9/11, such policies have proliferated (Banting and Kymlicka, 2013; Mathieu, 2018) and the Canadian and Australian poli... Read More about Multicultural conversations: The nature and future of culture, identity and nationalism.

Can a human right to good mental health be justified? (2024)
Journal Article
Bielby, P. (2024). Can a human right to good mental health be justified?. Bioethics, 38(8), 733-740. https://doi.org/10.1111/bioe.13329

Can a human right to good mental health be justified? This is an under-explored question: until recently, rights in relation to mental health have been framed and debated primarily in terms of their relevance to psychosocial disability and mental ill... Read More about Can a human right to good mental health be justified?.

The International Procurement Instrument: a device to protect or to equalise the playing field. (2024)
Journal Article
Bovis, C. (in press). The International Procurement Instrument: a device to protect or to equalise the playing field. The Company Lawyer,

European and British companies face restrictions in accessing markets in third countries. The purpose of the IPI Instrument, as a commercial policy instrument, is to restrict access to the EU internal market, including the area of public contracts, f... Read More about The International Procurement Instrument: a device to protect or to equalise the playing field..

It’s not ok to not be ok . . . when you’re a prison governor:The impact of workplace culture on prison governors’ wellbeing in England, Scotland and Wales (2024)
Journal Article
Nichols, H., Saunders, G., Harrison, K., Mason, R., Smith, L., & Hall, L. (2024). It’s not ok to not be ok . . . when you’re a prison governor:The impact of workplace culture on prison governors’ wellbeing in England, Scotland and Wales. Incarceration, 5, 1-19. https://doi.org/10.1177/26326663241253698

The wellbeing of prison governors has received little attention in penological research to date. The findings of this research reveal that governors’ wellbeing is negatively impacted by a dominant Masculinity Contest Culture (MCC) permeating through... Read More about It’s not ok to not be ok . . . when you’re a prison governor:The impact of workplace culture on prison governors’ wellbeing in England, Scotland and Wales.

Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters (2024)
Journal Article
Chowdhury, M. J. A., & Ahmed, J. (in press). Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters. The Asian Yearbook of Human Rights and Humanitarian Law, 8, Article 7

The American Debate on originalism and living constitutionalism has travelled worldwide. This paper examines four Western and six South and Southeast Asian jurisdictions and argues that the modalities of the Debate there reflect their party systems,... Read More about Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters.

Reappraising Reprisals Against Enemy Civilians in Customary International Humanitarian Law (2024)
Journal Article
Moir, L. (2024). Reappraising Reprisals Against Enemy Civilians in Customary International Humanitarian Law. Journal of International Humanitarian Legal Studies, 15(2), https://doi.org/10.1163/18781527-bja10095

Belligerent reprisals are a controversial and largely discredited mechanism for the enforcement of international humanitarian law. Additional Protocol I of 1977 prohibits a range of reprisal activity, including reprisals against enemy civilians. A (r... Read More about Reappraising Reprisals Against Enemy Civilians in Customary International Humanitarian Law.

State aid and the evolution of transport law (2024)
Journal Article
Bovis, C. (2024). State aid and the evolution of transport law. e-Competitions Antitrust Case Laws e-Bulletin, Article 116819

The evolution of transport law in the European Union has been in synchronous mode with the application of state aid
acquis in the relevant sectors, which has an exceptional character. Although in general conformity with the broader remit of state ai... Read More about State aid and the evolution of transport law.

Living with water and flood in medieval and early modern Hull (2024)
Journal Article
McDonagh, B., Worthen, H., Mottram, S., & Buxton-Hill, S. (2024). Living with water and flood in medieval and early modern Hull. Environment and History, 30(4), 585-614. https://doi.org/10.3828/whp.eh.63830915903577

This paper explores Hull's histories of living with water and flood in the period between the foundation of the town in the 1260s and c. 1700, examining how the inhabitants, Corporation and Commissioners of Sewers managed and governed water in order... Read More about Living with water and flood in medieval and early modern Hull.

Damages in Public Procurement: Triple Damages Claims Available for Breaches of Public Procurement Law (2024)
Journal Article
Bovis, C. (2024). Damages in Public Procurement: Triple Damages Claims Available for Breaches of Public Procurement Law. European Procurement and Public Private Partnership Law Review, 19(2), 104-109. https://doi.org/10.21552/epppl/2024/2/5

The Remedies Directives leave Member States with a wide discretion as to the creation of the appropriate forum to receive complaints and legal actions against decisions of contracting authorities and utilities, as well as action for damages in public... Read More about Damages in Public Procurement: Triple Damages Claims Available for Breaches of Public Procurement Law.

The ten-year anniversary of public procurement reforms: a critical assessment of the European Union public procurement Directives (2024)
Journal Article
Bovis, C. H. (2024). The ten-year anniversary of public procurement reforms: a critical assessment of the European Union public procurement Directives. ERA-Forum, https://doi.org/10.1007/s12027-024-00798-5

This article evaluates the objectives of the legal framework on public procurement in the European Union and assesses its contribution to the internal market. The author provides for a critical analysis of the evolution of the public procurement acqu... Read More about The ten-year anniversary of public procurement reforms: a critical assessment of the European Union public procurement Directives.

Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I (2023)
Journal Article
Moir, L. (2023). Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I. The Military Law and the Law of War Review, 61(2), 125-159. https://doi.org/10.4337/mllwr.2023.02.01

Belligerent reprisals are a largely discredited method for the enforcement of international humanitarian law, which have been progressively limited and prohibited. Additional Protocol I of 1977 prohibits reprisals against enemy civilians but the Unit... Read More about Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I.

The Nature and Character of the Public Markets and Their Effects on Public Procurement in the European Union (2022)
Journal Article
Bovis, C. (2022). The Nature and Character of the Public Markets and Their Effects on Public Procurement in the European Union. Studia Iuridica Lublinensia, 31(4), 9-27. https://doi.org/10.17951/sil.2022.31.4.9-27

The regulation of public procurement in the European Union focuses on the internal market and its function in accordance with the fundamental freedoms. It aims at installing a behaviour for the public sector which is similar dynamics to the function... Read More about The Nature and Character of the Public Markets and Their Effects on Public Procurement in the European Union.

Re-colonisation of Jammu and Kashmir and the Right to Self-determination (2022)
Journal Article
Shah, N. A. (2022). Re-colonisation of Jammu and Kashmir and the Right to Self-determination. International Human Rights Law Review, https://doi.org/10.1163/22131035-11020005

On 5 August 2019, India unilaterally ended the autonomous status under Article 370 of the Indian constitution 1949. The state of Jammu and Kashmir (J&K) was established under the terms of the Instrument of Accession by the Ruler of j&k. To change the... Read More about Re-colonisation of Jammu and Kashmir and the Right to Self-determination.

The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan (2022)
Journal Article
Shah, N. A. (2022). The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan. Human rights quarterly, 44(2), 257-285. https://doi.org/10.1353/hrq.2022.0020

I argue that Islamic law treats ratified human rights treaties as part of the law of the land and as directly applicable in courts in Muslim states such as Pakistan where Sharia is the main source of law. The Islamic approach is the better and more e... Read More about The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan.

Working and Impact of Parliamentary Committees in the UK and Bangladesh: A Theoretical Analysis (2022)
Journal Article
Chowdhury, M. J. A. (2022). Working and Impact of Parliamentary Committees in the UK and Bangladesh: A Theoretical Analysis. Dhaka University Law Journal, 32(2), 175-198. https://doi.org/10.3329/dulj.v32i2.57964

There are four leading committee theories that explain how the parliamentary committees are organised across the congressional and parliamentary systems, why they behave in particular ways and how the political parties influence their... Read More about Working and Impact of Parliamentary Committees in the UK and Bangladesh: A Theoretical Analysis.

Jurisdictional and Procedural Dilemmas of the Family Courts in Bangladesh (2021)
Journal Article
Chowdhury, M. J. A., & Shafiq, A. B. (2021). Jurisdictional and Procedural Dilemmas of the Family Courts in Bangladesh. Jahangirnagar University Journal of Law, 9(1), 51-71

Bangladesh's Family Courts Ordinance (FCO) 1985 was touted as a very significant development in the personal law enforcement regime. It sought to establish a civil court of exclusive jurisdiction to dispose of family suits. The court was supposed no... Read More about Jurisdictional and Procedural Dilemmas of the Family Courts in Bangladesh.

Judicial Review of “Internal Parliamentary Proceedings”: The Dialogic and Non-dialogic Approaches (2021)
Journal Article
Chowdhury, M. J. A. (2021). Judicial Review of “Internal Parliamentary Proceedings”: The Dialogic and Non-dialogic Approaches. Comparative Constitutional Law and Administrative Law Journal, 6(1), 28-57

This article compares the internal proceedings jurisprudence of the highest courts of the United Kingdom (UK), India, and Bangladesh. Though the Supreme Courts of Bangladesh and India have shown general deference to the debates in parliament, they ha... Read More about Judicial Review of “Internal Parliamentary Proceedings”: The Dialogic and Non-dialogic Approaches.

Beyond Surviving to Thriving: The Case for a 'Compassion towards Thriving' Approach in Public Mental Health Ethics (2021)
Journal Article
Bielby, P. (2021). Beyond Surviving to Thriving: The Case for a 'Compassion towards Thriving' Approach in Public Mental Health Ethics. Public Health Ethics, 14(3), 298-316. https://doi.org/10.1093/phe/phab023

In this article, I argue for a novel understanding of compassion - what I call a 'compassion towards thriving' approach - to inform public mental health ethics. The argument is developed through two main parts. In the first part, I develop an account... Read More about Beyond Surviving to Thriving: The Case for a 'Compassion towards Thriving' Approach in Public Mental Health Ethics.