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All Outputs (94)

The Emerging Legal Framework for Ecological Restoration under International Environmental Law (2024)
Book Chapter
Nsoh, W., & Muzan, M. (2024). The Emerging Legal Framework for Ecological Restoration under International Environmental Law. In R. C. Brears, & J. Lindley (Eds.), The Palgrave Handbook on Environmental Policy and Law. Palgrave Macmillan (part of Springer Nature). https://doi.org/10.1007/978-3-031-30231-2

Ecological restoration has only become legal as an international environmental law (IEL) obligation within the last half-century. However, the practice of ecological restoration is not an entirely new phenomenon historically. The evolution of the int... Read More about The Emerging Legal Framework for Ecological Restoration under International Environmental Law.

Expropriations for Climate in Germany (2024)
Book Chapter
Lundmark, T., & Herrmann, S. (2024). Expropriations for Climate in Germany. In M. Habdas, B. Hoops, E. Marais, H. Mostert, J. Sluysmans, & L. Verstappen (Eds.), Rethinking Expropriation IV : Takings for Climate Justice and Resilience. Eleven International Publishing

This chapter, co-authored with Sebastian Herrmann, explores the constitutional and statute law of Germany regarding the climate and regarding the protection of private property in light of the extensive case decisions of the German courts, with a foc... Read More about Expropriations for Climate in Germany.

Amendment Rules, Politics and Debates in Bangladesh (2024)
Book Chapter
Chowdhury, J. Amendment Rules, Politics and Debates in Bangladesh. In N. S. Bui, & M. Malagodi (Eds.), Constitutional Amendments (367-388). Hart Publishing

This chapter considers Bangladesh’s constitutional amendment rules, politics and debates. It evaluates the history, nature and impact of Bangladeshi amendments from a functionalist perspective developed by Ngoc Son Bui – one of the two editors of thi... Read More about Amendment Rules, Politics and Debates in Bangladesh.

Parliament of Bangladesh: Constitutional Position and Contributions (2023)
Book Chapter
Chowdhury, M. J. A. (2023). Parliament of Bangladesh: Constitutional Position and Contributions. In R. Hoque, & R. Chowdhury (Eds.), A History of the Constitution of Bangladesh: The Founding, Development, and Way Ahead (145-160). Routledge. https://doi.org/10.4324/9781003276814-12

At the end of British colonial rule in 1947, Bangladesh became a part of Pakistan. It declared independence in March 1971, fought a nine-month-long war, and emerged as an independent state in December 1971. At independence, Bangladesh adopted the Wes... Read More about Parliament of Bangladesh: Constitutional Position and Contributions.

Fifty Years of Electioneering in Bangladesh: The Collapse of a Constitutional Design (2023)
Book Chapter
Chowdhury, M. J. A. (2023). Fifty Years of Electioneering in Bangladesh: The Collapse of a Constitutional Design. In M. R. Islam, & M. E. Haque (Eds.), The Constitutional Law of Bangladesh: Progression and Transformation at its 50th Anniversary (173-193). Springer (part of Springer Nature). https://doi.org/10.1007/978-981-99-2579-7_10

The orderly transfer of power through regular, participatory, free, fair, and credible election is the most fundamental, though not the only, requirement of democratic constitutionalism. Bangladesh’s 50 years-long electioneering experience represents... Read More about Fifty Years of Electioneering in Bangladesh: The Collapse of a Constitutional Design.

Making and Unmaking the Constitution of Bangladesh (2023)
Book Chapter
Chowdhury, M. J. A. (2023). Making and Unmaking the Constitution of Bangladesh. In N. Son Bui, & M. Malagodi (Eds.), Asian Comparative Constitutional Law Volume 1 Constitution-Making (363-382). Hart Publishing. https://doi.org/10.5040/9781509949724.ch-017

Bangladesh ’ s Constitution of 1972 was largely modelled on a UK-styled parliamentary system with a ‘ half-hearted ’ combination of a US-styled judiciary. Th e framers choose a Westminster-like arrangement between the executive and legislative branch... Read More about Making and Unmaking the Constitution of Bangladesh.

Reflections on the Francovich Remedy (2023)
Book Chapter
Kunnecke McClean, M. (in press). Reflections on the Francovich Remedy. In K. Gromek-Broc (Ed.), Public Law in a Troubled Era: A Tribute to Professor Patrick Birkinshaw. Kluwer Law International

The Parliament (Jatiya Sangsad) of Bangladesh (2023)
Book Chapter
Chowdhury, M. J. A. (2023). The Parliament (Jatiya Sangsad) of Bangladesh. In P. J. Yap, & R. Abeyratne (Eds.), Routledge Handbook of Asian Parliaments (103-124). Routledge. https://doi.org/10.4324/9781003109402-9

The Parliament of Bangladesh (hereinafter, the Parliament) is officially known as the Jatiya Sangsad (House of the Nation). It is a unicameral legislature established under Article 65 of the Constitution of the People’s Republic of Bangladesh (herein... Read More about The Parliament (Jatiya Sangsad) of Bangladesh.

Governing with multiple policy instrument types? (2021)
Book Chapter
Moore, B., Benson, D., Jordan, A., Wurzel, R. K. W., & Zito, A. (2021). Governing with multiple policy instrument types?. In A. Jordan, & V. Gravey (Eds.), Environmental Policy in the EU Actors, Institutions and Processes. (4th). Routledge

The EU’s role in determining the overall goals of environmental policy is widely known and well understood. However, its role in determining the choice and use of implementing instruments at EU and national levels is not as well understood. Despite c... Read More about Governing with multiple policy instrument types?.

The Council, European Council and Member States (2021)
Book Chapter
Wurzel, R. K. (2021). The Council, European Council and Member States. In A. Jordan, & V. Gravey (Eds.), Environmental Policy in the EU Actors, Institutions and Processes, 4th edition (75-92). Routledge

Member states shape EU policy by working within the Council of the European Union (or 'Council' for short). The Council is thus a central player in EU decision making. There are different Council formations (made up of ministers responsible for parti... Read More about The Council, European Council and Member States.

The 'Unable' and 'Unwilling' Test in International Law: the use of force against non-state actors in Pakistan and Afghanistan (2020)
Book Chapter
Shah, N. (2020). The 'Unable' and 'Unwilling' Test in International Law: the use of force against non-state actors in Pakistan and Afghanistan. In The Asian Yearbook of Human Rights and Humanitarian Law. Brill Academic Publishers. https://doi.org/10.1163/9789004431768

I argue that the UN Charter allows the use of force against non-state actors if their attacks meet the ‘armed attack’ threshold and the host state is ‘unwilling or unable’ to take effective measures. The proposed six point criteria; informed by the i... Read More about The 'Unable' and 'Unwilling' Test in International Law: the use of force against non-state actors in Pakistan and Afghanistan.

Fisheries and maritime security: Understanding and enhancing the connection (2020)
Book Chapter
Barnes, R., & Rosello, M. (2020). Fisheries and maritime security: Understanding and enhancing the connection. In M. D. Evans, & S. Galani (Eds.), Maritime Security and the Law of the Sea. Help or Hindrance. Edward Elgar Publishing. https://doi.org/10.4337/9781788971416

Traditionally, maritime security has been understood in terms of direct or physical security. Typically, this concerns military or policing issues, such as inter-State conflicts, piracy or trafficking. This narrow understanding is increasingly ch... Read More about Fisheries and maritime security: Understanding and enhancing the connection.

Alternative histories and futures of International Fisheries Law (2019)
Book Chapter
Barnes, R. (2019). Alternative histories and futures of International Fisheries Law. In R. Caddell, & E. J. Molenaar (Eds.), Strengthening International Fisheries Law in an era of changing oceans. Bloomsbury Publishing

Counterfactual thinking is used to analyse historical events or the effectiveness of political regimes. It is also used to show the contingency of events. What if we were to apply counterfactual thinking to the international regulation of fisheries?... Read More about Alternative histories and futures of International Fisheries Law.

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.