Commentaries on Article 2, 17-32, and 51-54
(2017)
Book Chapter
Barnes, R. (2017). Commentaries on Article 2, 17-32, and 51-54. In A. Proelss (Ed.), Convention on the Law of the Sea: A Commentary. Bloomsbury Publishing
All Outputs (321)
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/10.1080/20414005.2017.1356624The 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), 299-323Is 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.
Island biodiversity (2017)
Book Chapter
Barnes, R. (2017). Island biodiversity. In E. Morgera, & J. Razzaque (Eds.), Biodiversity and Nature Protection Law (175-188). Edward Elgar Publishing
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.31937Civil 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.
Stílus a jogban: a bírói érveléstől a stilus curiae-ig és vissza (2017)
Book Chapter
Cserne, P. (2017). Stílus a jogban: a bírói érveléstől a stilus curiae-ig és vissza. In S. Hegyi, E. Vinnai, & Z. Ződi (Eds.), Orbis Iuris. Ünnepi tanulmánykötet Szabó Miklós 65. születésnapjára (183–198). Bíbor
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), 733-757English 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/10.1080/13552600.2016.1267271This 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.
An assessment of current regulation of GMOs in the EU and proposals for amending it (2016)
Report
Paskalev, V. (2016). An assessment of current regulation of GMOs in the EU and proposals for amending it. Weymouth, Dorset: Green HouseVesco Paskalev argues that the regulation of GMOs in the EU is a shambles. The main problem lies in a very narrow conception of risk and safety. All the emphasis is wrongly on laboratory tests, and evidence on the wider environmental effects is sca... Read More about An assessment of current regulation of GMOs in the EU and proposals for amending it.
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/10.1080/20414005.2016.1275590This 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.
Islamic law and transnational diplomatic law: A quest for complementarity in divergent legal theories (2016)
Book
Ismail, M.-B. (2016). Islamic law and transnational diplomatic law: A quest for complementarity in divergent legal theories. Palgrave Macmillan. https://doi.org/10.1057/9781137558770This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations gener... Read More about Islamic law and transnational diplomatic law: A quest for complementarity in divergent legal theories.
Οι δικαστές του Ηνωμένου Βασιλείου και η Ευρωπαϊκή Ενοποίηση (2016)
Book Chapter
Birkinshaw, P. (2016). Οι δικαστές του Ηνωμένου Βασιλείου και η Ευρωπαϊκή Ενοποίηση.The British, specifically the English, are widely regarded as awkward partners in the European project. Much of the criticism against Europe has come from anti-European integration politicians. Now that the outcome of the 2015 general election for th... Read More about Οι δικαστές του Ηνωμένου Βασιλείου και η Ευρωπαϊκή Ενοποίηση.
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/10.1163/15718085-12341411As 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.
Models of human behaviour in economics, policy and the law (2016)
Book Chapter
Cserne, P. (2016). Models of human behaviour in economics, policy and the law. In J. Zweynert, S. Kolev, & N. Goldschmidt (Eds.), Neue Ordnungsökonomik (49–68). Mohr Sieback
Environmental NGOs: pushing for leadership (2016)
Book Chapter
Connelly, J., & Wurzel, R. (2016). Environmental NGOs: pushing for leadership. In R. K. Wurzel, J. Connelly, & D. Liefferink (Eds.), The European Union in International Climate Change Politics: Still Taking a Lead? (221-236). RoutledgeSurprisingly little scholarly attention has been paid to the role which environmental non-governmental organisations (ENGOs) have played in EU climate change politics, although there are exceptions (e.g. Long et al. 2002; Wurzel and Connelly 2011a; S... Read More about Environmental NGOs: pushing for leadership.
Consent, compulsion and sex offenders: An ethical and rights based approach to the treatment and management of sex offenders (2016)
Book Chapter
Harrison, K., & Rainey, B. (2016). Consent, compulsion and sex offenders: An ethical and rights based approach to the treatment and management of sex offenders. In C. Ashford, A. Reed, & N. Wake (Eds.), Legal Perspectives on State Power: Consent and Control (358-388). Cambridge Scholars Publishing
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?.
The continuing vitality of UNCLOS (2016)
Book Chapter
Barnes, R. (2016). The continuing vitality of UNCLOS. In J. Barrett, & R. Barnes (Eds.), Law of the sea: UNCLOS as a living treaty (459). British Institute of International and Comparative Law
Facts and Norms in the Behavioural Assumptions of Law (2016)
Book Chapter
Cserne, P. (2016). Facts and Norms in the Behavioural Assumptions of Law. In S. Taekema, B. van Klink, & W. de Been (Eds.), Facts and Norms in Law: Interdisciplinary Reflections on Legal Method (100–124). Edward Elgar Publishing