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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.

The elusive test for unfair excessive pricing under EU law: revisiting United Brands in the light of Competition and Markets Authority v Flynn Pharma Ltd (2020)
Journal Article
Stirling, G. (2020). The elusive test for unfair excessive pricing under EU law: revisiting United Brands in the light of Competition and Markets Authority v Flynn Pharma Ltd. European Competition Journal, 16(2-3), 368-386. https://doi.org/10.1080/17441056.2020.1771007

The European Commission has historically proved relatively reluctant to intervene in the areaof excessive pricing. This is probably partly because the test outlined in United Brands v Commission remainsunclearin variousrespects.In a recent d... Read More about The elusive test for unfair excessive pricing under EU law: revisiting United Brands in the light of Competition and Markets Authority v Flynn Pharma Ltd.

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.

Research-based clinical legal education: a contradiction in terms or a win-win? Lessons from a UK pilot study. (2019)
Journal Article
Whitehouse, L. (in press). Research-based clinical legal education: a contradiction in terms or a win-win? Lessons from a UK pilot study. International journal of clinical legal education, 27(1), 137-170. https://doi.org/10.19164/ijcle.v27i1.853

This article provides an account of a project (funded by the Ferens Education Trust) which is designed to enhance clinical legal education (CLE) provision within my own institution, develop networks with local stakeholders, promote civic engagement,... Read More about Research-based clinical legal education: a contradiction in terms or a win-win? Lessons from a UK pilot study..

The uneasy case for parsimony in (law and) economics: conceptual, empirical and normative arguments (2019)
Journal Article
Cserne, P. (2019). The uneasy case for parsimony in (law and) economics: conceptual, empirical and normative arguments. Global jurist, 19(3), https://doi.org/10.1515/gj-2019-0001

Taking Guido Calabresi’s discussion of preferences and value judgements in The Future of Law and Economics as a starting point, this paper analyses some conceptual difficulties, epistemic benefits and normative uses of parsimonious economic analyses... Read More about The uneasy case for parsimony in (law and) economics: conceptual, empirical and normative arguments.

Changing prevalence and treatment of depression among older people over two decades (2019)
Journal Article
Arthur, A., Savva, G. M., Barnes, L. E., Borjian-Boroojeny, A., Dening, T., Jagger, C., Matthews, F. E., Robinson, L., Brayne, C., The Cognitive Function, Green, E., Gao, L., Barnes, R., Baldwin, C., Comas-Herrera, A., Forster, G., Harrison, S., Ince, P. G., McKeith, I. G., Parry, B., …Woods, B. (2020). Changing prevalence and treatment of depression among older people over two decades. British Journal of Psychiatry, 216(1), 49-54. https://doi.org/10.1192/bjp.2019.193

Background Depression is a leading cause of disability, with older people particularly susceptible to poor outcomes.Aims To investigate whether the prevalence of depression and antidepressant use have changed across two decades in older people.Method... Read More about Changing prevalence and treatment of depression among older people over two decades.

Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum (2019)
Journal Article
Chowdhury, M. J. A., & Saha, N. K. (2019). Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum. Indian Journal of Constitutional Law, 9, 38-61

The recent constitutional trend in divided societies and relatively
unstable democracies has seen an increased use of perpetuity
clauses as a tool to foster constitutional stability. Propriety and
effectiveness of making certain part or parts of c... Read More about Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum.

Mortgage possession at a crossroads: which way should we turn? (2019)
Journal Article
Whitehouse, L. (2019). Mortgage possession at a crossroads: which way should we turn?. Conveyancer and property lawyer, 83(3), 227-249

The unification of the regulation of first and second mortgages in 2016 has raised the question as to the appropriate route for possession claims: is it the Administration of Justice Act 1970 or the Consumer Credit Act 1974? In making the case for th... Read More about Mortgage possession at a crossroads: which way should we turn?.

Conceptualising ‘style’ in legal scholarship: the curious case of Zweigert’s 'style doctrine' (2019)
Journal Article
Cserne, P. (2019). Conceptualising ‘style’ in legal scholarship: the curious case of Zweigert’s 'style doctrine'. International journal of law in context, 15(3), 297-309. https://doi.org/10.1017/S1744552319000296

This paper focuses on the German legal scholar Konrad Zweigert’s (1911–96) deceptively simple and notoriously vague use of the term “style” in comparative legal scholarship.

Improving procedural fairness in housing possession cases (2019)
Journal Article
Whitehouse, L., Bright, S., & Dhami, M. (2019). Improving procedural fairness in housing possession cases. Civil justice quarterly, 38(3), 351-375

This article offers an insight into the context and practice of housing possession hearings in which a social landlord seeks a possession order against a tenant who is in rent arrears. Drawing on the findings of the authors’ empirical research supple... Read More about Improving procedural fairness in housing possession cases.

Tacticians, stewards and professionals: The politics of publishing select committee legal advice (2019)
Journal Article
Yong, B., Davies, G., & Leston-Bandeira, C. (in press). Tacticians, stewards and professionals: The politics of publishing select committee legal advice. Journal of Law and Society, Forthcoming, https://doi.org/10.1111/jols.12153

At Westminster, there are increasing pressures on select committees to publish in-house legal advice. We suggest that examining the process of deciding to publish gives us useful insights into the provision, reception and use of legal advice, and the... Read More about Tacticians, stewards and professionals: The politics of publishing select committee legal advice.

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.

Building Bridges: Prisoners, Crime Victims and Restorative Justice (2019)
Book
Brennan, I., & Johnston, G. (2019). Building Bridges: Prisoners, Crime Victims and Restorative Justice. Eleven International Publishing

Across Europe, restorative justice has gained acceptance as a way of resolving disputes and mitigating the harm of crime in the community. Practitioners have also begun to coordinate restorative meetings in prisons in an effort to reduce the harms of... Read More about Building Bridges: Prisoners, Crime Victims and Restorative Justice.

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). London: 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.