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All Outputs (324)

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. (2012). The recodification of private law in Central and Eastern Europe. In P. Larouche, & P. Cserne (Eds.), 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). 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.

Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity (2012)
Journal Article
Bielby, P. (2014). Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity. Health Care Analysis, 22(2), 114-142. https://doi.org/10.1007/s10728-012-0215-2

A ‘Ulysses arrangement' (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive' UAs, which raise t... Read More about Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity.

Between the 'Metaphysics of the Stone Age' and the 'Brave New World': H.L.A. Hart on the Law's Assumptions about Human Nature (2012)
Book Chapter
Cserne, P. (2012). Between the 'Metaphysics of the Stone Age' and the 'Brave New World': H.L.A. Hart on the Law's Assumptions about Human Nature. In M. Jovanović, & B. Spaić (Eds.), Jurisprudence and Political Philosophy in the 21st Century: Reassessing Legacies (71 - 89). Peter Lang Pub Inc

This paper analyses H.L.A. Hart’s views on the epistemic character of the law’s assumptions about human behaviour, as articulated in Causation in the Law and Punishment and Responsibility. Hart suggests that the assumptions behind legal doctrines typ... Read More about Between the 'Metaphysics of the Stone Age' and the 'Brave New World': H.L.A. Hart on the Law's Assumptions about Human Nature.

State crime: a dialectical view (2012)
Book Chapter
Green, P., & Ward, T. (2012). State crime: a dialectical view. In M. Maguire, R. Morgan, & R. Reiner (Eds.), The Oxford handbook of criminology (717-740). (5th). Oxford University Press. https://doi.org/10.1093/he/9780199590278.003.0024

This chapter, which examines state crime, which includes genocide, war crimes, torture, police violence, and ‘grand corruption’ (the ruling elite's organised plunder of national resources, first proposes a definition that views state crime as a form... Read More about State crime: a dialectical view.

Public procurement in the EU: jurisprudence and conceptual directions (2012)
Journal Article
Bovis, C. H. (2012). Public procurement in the EU: jurisprudence and conceptual directions. Common Market Law Review, 49(1), 247-290

The present article reviews the emerging conceptual themes from the case law of the European Court of Justice which have triggered the revision of the public procurement Directives, and the alignment of the public procurement acquis with the Europe 2... Read More about Public procurement in the EU: jurisprudence and conceptual directions.

Public procurement and public services in the EU (2012)
Book Chapter
Bovis, C. (2012). Public procurement and public services in the EU. In I. Lianos, & O. Odudu (Eds.), Regulating Trade in Services in the EU and the WTO: Trust, Distrust and Economic Integration (147-170). The University of Hull. https://doi.org/10.1017/cbo9781139022118.008

Introduction The regulation of public procurement has been an instrumental component of the EU Common Market, as it has provided a platform for economic, legal and policy justifications in order to eliminate non-tariff barriers. Public procurement in... Read More about Public procurement and public services in the EU.

Import, Export, and Multilateral Translation: Methodological Lessons from an Economic Analysis of Paternalism in Contract Law (2012)
Book Chapter
Cserne, P. (2012). Import, Export, and Multilateral Translation: Methodological Lessons from an Economic Analysis of Paternalism in Contract Law. In S. Kirste, A. van Aaken, M. Anderheiden, & P. Policastro (Eds.), Interdisciplinary Research in Jurisprudence and Constitutionalism (129 - 151). Franz Steiner Verlag

In this paper I discuss the conceptual and methodological background of an economic approach to paternalism in contract law. This serves as a case study to the general theme of this collective volume: the role of inter- and multi-disciplinary researc... Read More about Import, Export, and Multilateral Translation: Methodological Lessons from an Economic Analysis of Paternalism in Contract Law.

International Regulation of Fisheries Management in Arctic Waters (2011)
Journal Article
Barnes, R. (2011). International Regulation of Fisheries Management in Arctic Waters. Jahrbuch fur internationales Recht. German yearbook of international law, 54, 193-230

Climate change has opened up the possibility of new fisheries in Arctic waters. There are governance gaps in existing international and regional instruments as they apply to Arctic waters. Existing regimes might be adapted or a new Arctic RFMO create... Read More about International Regulation of Fisheries Management in Arctic Waters.

Environmental and Planning Law (2011)
Book Chapter
Barnes, R. (2011). Environmental and Planning Law. In G. Hewitt, & T. C. Daintith (Eds.), United Kingdom Oil and Gas Law (1277 - 1324). (Release 67). Sweet and Maxwell

A detailed overwiew of the planning and environmental law aspects of offshore oil and gas exploration and operation.