All Outputs (327)

The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation? (2019)
Book Chapter
Barnes, R. (2019). The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation?. In J. van Erp, M. Faure, A. Nollkaemper, & N. Philipsen (Eds.), Smart Mixes of Environmental Governance edited by Niels Philipsen, Judith van Erp, Andre Nollkaemper, and Michael Faure (97-125). Cambridge University Press. https://doi.org/10.1017/9781108653183

Regional Fisheries Management Organisations (RFMOs) facilitate international cooperation for the management of shared transboundary fish resources like tuna. However, RFMOs are challenged with dynamic interests which have slowed progress towards coll... Read More about The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation?.

What do we mean by parliamentary scrutiny of Brexit? A view from the House of Commons (2019)
Book Chapter
Yong, B., & Thompson, L. (2019). What do we mean by parliamentary scrutiny of Brexit? A view from the House of Commons. In T. Christiansen, & D. Fromage (Eds.), Brexit and Democracy: The Role of Parliaments in the UK and the European Union (29-49). Palgrave Macmillan. https://doi.org/10.1007/978-3-030-06043-5

The United Kingdom’s (UK’s) withdrawal from the European Union (EU) has already resulted in three significant pieces of legislation for the UK Parliament to scrutinise: the European Union (Notification of Withdrawal) Bill in the 2016–17 session, the... Read More about What do we mean by parliamentary scrutiny of Brexit? A view from the House of Commons.

Bangladesh’s inconsistency with the doctrine of prospective invalidation (2019)
Book Chapter
Chowdhury, M. J. A. (2019). Bangladesh’s inconsistency with the doctrine of prospective invalidation. In P. J. Yap (Ed.), Constitutional Remedies in Asia (33-46). Routledge. https://doi.org/10.4324/9780429435485

This chapter argue that the position of the Supreme Court of Bangladesh is hardly based on any principled appreciation of the doctrine. It describes the prospective Invalidation is used in a specific sense to touch upon judicial decisions unsettling... Read More about Bangladesh’s inconsistency with the doctrine of prospective invalidation.

German Constitutional Law in the UK Supreme Court (2019)
Journal Article
Künnecke, M. (2019). German Constitutional Law in the UK Supreme Court. Liverpool Law Review, 40(1), 31–47. https://doi.org/10.1007/s10991-019-09221-3

The outgoing tide of EU law will be Britain’s most significant constitutional change in recent times. In an era of uncertainties, the UK Supreme Court proved to be a guardian of the constitutional role of Parliament. The case of Miller, decided in th... Read More about German Constitutional Law in the UK Supreme Court.

The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law (2019)
Book Chapter
Barnes, R. (2019). The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law. In D. Freestone (Ed.), Conserving biodiversity in areas beyond national jurisdiction (104-139). Brill Academic Publishers. https://doi.org/10.1163/9789004391703_006

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... Read More about The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law.

Historical evolution of the international legal responses to the trafficking of children: A critique (2019)
Book Chapter
Faulkner, E. A. (2019). Historical evolution of the international legal responses to the trafficking of children: A critique. In J. A. Winterdyk, & J. Jones (Eds.), The Palgrave International Handbook of Human Trafficking (1-18). Palgrave Macmillan. https://doi.org/10.1007/978-3-319-63192-9_113-1

The trafficking of children has received extensive attention from both academic and political arenas in recent years, yet this growing phenomenon remains a relatively new area of international law (Gallagher, The international law of human traffickin... Read More about Historical evolution of the international legal responses to the trafficking of children: A critique.

The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does “Follow-on” (2019)
Journal Article
Stirling, G. (2019). The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does “Follow-on”. Global Competition Litigation Review, 12(4), 168-178

This article considers issues around the evidential value of final infringement decisions of national regulators and review courts for the purposes of follow-on damages actions, particularly in the context of Article 9(1) of the EU’s Antitrust Damage... Read More about The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does “Follow-on”.

Principles for fisheries management in areas beyond national jurisdiction—the essential role of incentive-based approaches (2018)
Report
Anderson, J., Asche, F., Barnes, R., Bush, S., Gentner, B., Hufflett, C., Libecap, G., Maharaj, V., Nelson, L., Norris, W., Perotti, G., Tietze, U., & Wachowicz, K. (2018). Principles for fisheries management in areas beyond national jurisdiction—the essential role of incentive-based approaches. Washington, DC: World Wildlife Fund

This publication was prepared under the auspices of a multidisciplinary Global Think Tank (GloTT) for the World Bank’s Ocean Partnerships for Sustainable Fisheries and Biodiversity Conservation: Models for Innovation and Reform (OPP). The World Bank’... Read More about Principles for fisheries management in areas beyond national jurisdiction—the essential role of incentive-based approaches.

The Development of Collingwood’s Metaphilosophical Views (2018)
Book Chapter
Connelly, J. (2018). The Development of Collingwood’s Metaphilosophical Views. In K. Dharamsi, G. D'Oro, & S. Leach (Eds.), Collingwood on Philosophical Methodology (35-75). Springer. https://doi.org/10.1007/978-3-030-02432-1_3

Connelly discusses the development of Collingwood’s conception of philosophical methodology and how his early reflections on the role and character of philosophical analysis gradually gave rise to his mature metaphilosophical views. He shows that con... Read More about The Development of Collingwood’s Metaphilosophical Views.

“I am talking about it because I want to stop it”: child sexual abuse and sexual violence against women in British South Asian communities (2018)
Journal Article
Gill, A. K., & Harrison, K. (2019). “I am talking about it because I want to stop it”: child sexual abuse and sexual violence against women in British South Asian communities. The British journal of criminology, 59(3), 511–529. https://doi.org/10.1093/bjc/azy059

This paper explores the role of socio-cultural factors in violence against women and girls, focusing on child sexual abuse (CSA) and sexual violence (SV) in British South Asian communities. Using examples from thirteen in-depth interviews with surviv... Read More about “I am talking about it because I want to stop it”: child sexual abuse and sexual violence against women in British South Asian communities.

Systemic risk in major public contracts (2018)
Journal Article
Bloomfield, K., Williams, T., Bovis, C., & Merali, Y. (2019). Systemic risk in major public contracts. International Journal of Forecasting, 35(2), 667-676. https://doi.org/10.1016/j.ijforecast.2018.10.005

This paper presents a novel approach to the characterisation of “systemic risk” in the context of public sector procurement and contracting. We argue that contemporary risk management practices in project and programme management exhibit a number of... Read More about Systemic risk in major public contracts.

Assessing the application of innovative incentive-based tools to reform highly migratory fisheries from regional to global scale (2018)
Report
Barnes, R. (2018). Assessing the application of innovative incentive-based tools to reform highly migratory fisheries from regional to global scale. Washington, DC: WWF/FAO

This report provides an assessment of the past performance and future outlook of innovative, incentive-based tools to reform highly migratory and transboundary fisheries at regional and global scales. This review seeks to identify legal, financial, a... Read More about Assessing the application of innovative incentive-based tools to reform highly migratory fisheries from regional to global scale.

F.H. Bradley and secular and religious debates in the philosophy of history (2018)
Journal Article
Connelly, J. (2018). F.H. Bradley and secular and religious debates in the philosophy of history. Philosophical Enquiries. Revue des philosophies anglophones, 97-116

This paper considers F. H. Bradley’s The Presuppositions of Critical History as a foundational document in philosophy of history, and its origin in debates in church history triggered by claims that biblical stories should be subject to the constrain... Read More about F.H. Bradley and secular and religious debates in the philosophy of history.

Environmental rights in marine spaces (2018)
Book Chapter
Barnes, R. (2018). Environmental rights in marine spaces. In S. Bogojevic, & R. Rayfuse (Eds.), Environmental rights in Europe and beyond. Bloomsbury Publishing

Defining Terrorism in Pakistani Anti-Terrorism Law (2018)
Journal Article
Iqbal, K., & Shah, N. A. (2018). Defining Terrorism in Pakistani Anti-Terrorism Law. Global journal of comparative law, 7(2), 272-302. https://doi.org/10.1163/2211906X-00702003

We critically examine the definition of ‘terrorism’ in the Anti-Terrorism 1997 of Pakistan and as it is interpreted by the Supreme Court of Pakistan under the principle of legality in criminal and human rights law standards. We conclude that the defi... Read More about Defining Terrorism in Pakistani Anti-Terrorism Law.

The composition of R. G. Collingwood's The New Leviathan (2018)
Journal Article
Connelly, J., & Johnson, P. (2019). The composition of R. G. Collingwood's The New Leviathan. British Journal for the History of Philosophy, 27(1), 114-133. https://doi.org/10.1080/09608788.2018.1494540

Collingwood's The New Leviathan is a difficult text. It comprises philosophy, political theory, political opinion and history in what is sometimes an uneasy amalgam. Despite its being the culmination of thirty years of work in ethics and political th... Read More about The composition of R. G. Collingwood's The New Leviathan.

Article 158(3) of the Hong Kong Basic Law and the Preliminary Reference Procedure of the European Union (2018)
Journal Article
Jiang, P., & Villalta Puig, G. (2018). Article 158(3) of the Hong Kong Basic Law and the Preliminary Reference Procedure of the European Union. Chicago journal of international law, 19(1), 1-29

This Article analyses the preliminary reference procedure under Article 158(3) of the Hong Kong Basic Law and its transplantation from Article 267 of the Treaty on the Functioning of the European Union. Preliminary reference procedures require courts... Read More about Article 158(3) of the Hong Kong Basic Law and the Preliminary Reference Procedure of the European Union.

Restorative justice and the therapeutic tradition: Looking into the future (2018)
Book Chapter
Johnstone, G. (2018). Restorative justice and the therapeutic tradition: Looking into the future. In Routledge International Handbook of Restorative Justice (395-408). Taylor & Francis (Routledge). https://doi.org/10.4324/9781315613512

If asked to explain the essence of restorative justice in one or two sentences, many advocates and practitioners might employ Nils Christie’s formula about the state and its actors stealing conflicts which belong to crime victims and offenders and ex... Read More about Restorative justice and the therapeutic tradition: Looking into the future.

Not ‘us’ and ‘them’: towards a normative legal theory of mental health vulnerability (2018)
Journal Article
Bielby, P. (2019). Not ‘us’ and ‘them’: towards a normative legal theory of mental health vulnerability. International journal of law in context, 15(1), 51-67. https://doi.org/10.1017/S1744552318000149

In this article, I develop the basis of a normative legal theory of mental health vulnerability. In Section 1, I conceptualise mental health vulnerability by integrating a universal understanding of vulnerability with a subjective-evaluative, psychos... Read More about Not ‘us’ and ‘them’: towards a normative legal theory of mental health vulnerability.

Language, aesthetics and emotions in the work of the British idealists (2018)
Journal Article
Tyler, C., & Connelly, J. (2018). Language, aesthetics and emotions in the work of the British idealists. British Journal for the History of Philosophy, 26(4), 643-659. https://doi.org/10.1080/09608788.2018.1475344

This article surveys and contextualizes the British idealists' philosophical writings on language, aesthetics and emotions, starting with T.H. Green and concluding with Michael Oakeshott. It highlights ways in which their philosophical insights have... Read More about Language, aesthetics and emotions in the work of the British idealists.