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All Outputs (295)

Co-location of activities and designations: A means of solving or creating problems in marine spatial planning? (2013)
Journal Article
Christie, N., Smyth, K., Barnes, R., & Elliott, M. (2014). Co-location of activities and designations: A means of solving or creating problems in marine spatial planning?. Marine Policy, 43, 254-261. https://doi.org/10.1016/j.marpol.2013.06.002

Worldwide demand for energy is growing and predicted to increase by up to three times by 2050. Renewable energy will play a vital role in meeting this demand whilst maintaining global climate change targets. Around the British Isles, development of w... Read More about Co-location of activities and designations: A means of solving or creating problems in marine spatial planning?.

Revisiting the humanisation of international law : limits and potential : obligations erga omnes, hierarchy of rules and the principle of due diligence as the basis for further humanisation (2013)
Journal Article
Tzevelekos, V. P. (2013). Revisiting the humanisation of international law : limits and potential : obligations erga omnes, hierarchy of rules and the principle of due diligence as the basis for further humanisation. Erasmus Law Review, 6(1), 62-76

The article critically evaluates the theory of the humanisation of international law. First, it argues that despite human rights having impact on (other areas of) international law, this trend has in the past been somewhat inflated. A number of examp... Read More about Revisiting the humanisation of international law : limits and potential : obligations erga omnes, hierarchy of rules and the principle of due diligence as the basis for further humanisation.

Translation in the EU: language and law in the EU's judicial labyrinth (2013)
Journal Article
Künnecke, M. (2013). Translation in the EU: language and law in the EU's judicial labyrinth. Maastricht Journal of European and Comparative Law, 20(2), 243-260. https://doi.org/10.1177/1023263X1302000206

The decline, even the ‘end’, of comparative law in the 21st century has recently been predicted. However, this statement overlooks the vital and continuing role of comparative law in the complex task of legal translation in an expanding EU. To ensur... Read More about Translation in the EU: language and law in the EU's judicial labyrinth.

The opportunities and challenges of empirical work: Housing possession in theory and in practice (2013)
Journal Article
Bright, S., & Whitehouse, L. (in press). The opportunities and challenges of empirical work: Housing possession in theory and in practice. University of Oxford Legal Research Paper Series, 50, https://doi.org/10.2139/ssrn.2262709

This paper explains how empirical enquiry of the kind unburdened by the pursuit of a particular hypothesis or strict adherence to scientific methods, has much to offer in terms of developing our understanding of law and, in particular, the traditiona... Read More about The opportunities and challenges of empirical work: Housing possession in theory and in practice.

National legal systems and globalization: New role, continuing relevance (2013)
Book
Larouche, P., & Cserne, P. (2013). P. Larouche, & P. Cserne (Eds.). National legal systems and globalization: New role, continuing relevance. TMC Asser Press. https://doi.org/10.1007/978-90-6704-885-9

This book sheds a new light on the fate of national legal systems in an era of globalization, with a more optimistic message than elsewhere in the literature This book was written by a team of experts in comparative law and law and economics, two per... Read More about National legal systems and globalization: New role, continuing relevance.

Women bishops : equality, rights and disarray (2013)
Journal Article
Clucas, R., & Sharpe, K. (2013). Women bishops : equality, rights and disarray. Ecclesiastical Law Journal, 15(2), 158-174. https://doi.org/10.1017/S0956618X13000185

In this article we discuss the recent history of the failed draft Bishops and Priests (Consecration and Ordination of Women) Measure, situating this within the broader context of the ordination of women and debates around the Equality Act exceptions... Read More about Women bishops : equality, rights and disarray.

The Europeanisation of contract law: current controversies in law (2013)
Book
Twigg-Flesner, C. (2013). The Europeanisation of contract law: current controversies in law. Routledge

Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization' of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfami... Read More about The Europeanisation of contract law: current controversies in law.

Future directions in public service partnerships in the EU (2013)
Journal Article
Bovis, C. (2013). Future directions in public service partnerships in the EU. European business law review, 24(1), 548-592

Public-Private Partnerships reveal complex forms of co-operation between the state and private actors which exceed the remit of traditional contractual interface, moving into a strategic sphere of public sector management. Public-Private Partnerships... Read More about Future directions in public service partnerships in the EU.

The use of force under Islamic law (2013)
Journal Article
Shah, N. A. (2013). The use of force under Islamic law. European Journal of International Law, 24(1), 343-365. https://doi.org/10.1093/ejil/cht013

This article focuses on the use of force under Islamic law, i.e., jus ad bellum. Islamic law allows the use of force in self-defence and in defence of those who are oppressed and unable to defend themselves. In contrast, the offensive theory of jiha... Read More about The use of force under Islamic law.

The recodification of private law in Central and Eastern Europe (2013)
Book Chapter
Cserne, P. (2013). The recodification of private law in Central and Eastern Europe. In National legal systems and globalization: new role, continuing relevance (45 - 88). T M C Asser. https://doi.org/10.1007/978-90-6704-885-9_4

In the past two decades, Central and Eastern European countries have experienced a rapid political, economic and social transformation. This transformation has been intertwined with the Europeanisation and modernisation of the law. This chapter analy... Read More about The recodification of private law in Central and Eastern Europe.

The capacity of property rights to accommodate social-ecological resilience (2013)
Journal Article
Barnes, R. A. (2013). The capacity of property rights to accommodate social-ecological resilience. Ecology and Society, 18(1), Article 6. https://doi.org/10.5751/es-05292-180106

Here, I consider how social-ecological resilience can be facilitated by the use of property rights. Taking a legal perspective on the use of different forms of property, I consider how property rules can manifest the attributes of flexibility, respon... Read More about The capacity of property rights to accommodate social-ecological resilience.

A cross-border-only regulation for consumer transactions in the EU : a fresh approach to EU consumer law (2012)
Book
Twigg-Flesner, C. (2012). A cross-border-only regulation for consumer transactions in the EU : a fresh approach to EU consumer law. Springer Publishing Company. https://doi.org/10.1007/978-1-4614-2047-7

For almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consum... Read More about A cross-border-only regulation for consumer transactions in the EU : a fresh approach to EU consumer law.

The collapse of the rule of law : the Messina earthquake and the state of exception (2012)
Journal Article
La Torre, M. (2012). The collapse of the rule of law : the Messina earthquake and the state of exception. Netherlands Journal of Legal Philosophy, 41(2), 159-176

Globalization is commonly cited as an important factor in theorising legal phenomena in the contemporary world. Although many legal disciplines have sought to adapt their theories to globalization, progress has been comparatively modest within contem... Read More about The collapse of the rule of law : the Messina earthquake and the state of exception.

Experts, rights and precaution (2012)
Journal Article
Bielby, P., & Ward, T. (2012). Experts, rights and precaution. Web journal of current legal issues, 2012(5),

In this article, we offer an account of the epistemological and moral principles that should govern decisions where judges and other official decision-makers are asked to authorize courses of action which would amount to a violation of someone's righ... Read More about Experts, rights and precaution.

The recodification of private law in central and eastern Europe (2012)
Book Chapter
Cserne, P. (2013). The recodification of private law in central and eastern Europe. In National Legal Systems and Globalization: New Role, Continuing Relevance (45-88). T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-885-9_4

In the past two decades, Central and Eastern European countries have experienced a rapid political, economic and social transformation. This transformation has been intertwined with the Europeanisation and modernisation of the law. This chapter analy... Read More about The recodification of private law in central and eastern Europe.

Expert evidence, judicial reasoning, and the family courts information pilot (2012)
Journal Article
Ward, T. (2012). Expert evidence, judicial reasoning, and the family courts information pilot. Journal of Law and Society, 39(4), 515-540. https://doi.org/10.1111/j.1467-6478.2012.00598.x

The Family Courts Information Pilot made a modest step towards open justice in Children Act cases by publishing 160 judgments of the County Courts and Family Proceedings Courts. This article focuses on the reasoning about expert evidence in the judge... Read More about Expert evidence, judicial reasoning, and the family courts information pilot.

Religion, Sexual Orientation and the Equality Act 2010: Gay Bishops in the Church of England Negotiating Rights Against Discrimination (2012)
Journal Article
Clucas, R. (2012). Religion, Sexual Orientation and the Equality Act 2010: Gay Bishops in the Church of England Negotiating Rights Against Discrimination. Sociology, 46(5), 936-950. https://doi.org/10.1177/0038038512451533

A sophisticated understanding of human rights must look at ways in which conflicts between competing rights are negotiated. This article undertakes a case study of the interrelationship of rights related to religion and sexuality in societies, in the... Read More about Religion, Sexual Orientation and the Equality Act 2010: Gay Bishops in the Church of England Negotiating Rights Against Discrimination.

Claiming a Fundamental Right to Basic Necessities of Life: Problems and Prospects of Adjudication in Bangladesh (2012)
Journal Article
Chowdhury, M. J. A. (2012). Claiming a Fundamental Right to Basic Necessities of Life: Problems and Prospects of Adjudication in Bangladesh. Indian Journal of Constitutional Law, 5, 184-208

The debate on whether socio-economic rights can or should be adjudicated upon and enforced by courts is ongoing since the 1960s, when the rights in the Universal Declaration of Human Rights (UDHR) were separated into two covenants. Though the Interna... Read More about Claiming a Fundamental Right to Basic Necessities of Life: Problems and Prospects of Adjudication in Bangladesh.

The Law of the Sea 1850-2010 (2012)
Book Chapter
Barnes, R. (2012). The Law of the Sea 1850-2010. In A History of the North Atlantic Fisheries. Volume 2 (177-225). Bremen: Hauschild Verlag

This chapter considers the law of the sea and the regulation of fisheries in the North Atlantic from 1850 onwards. However, in order to provide a more coherent legal perspective, slightly broader chronological and geographic considerations are requir... Read More about The Law of the Sea 1850-2010.