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All Outputs (289)

Breaking down barriers: Recommendations for improving sexual abuse reporting rates in British South Asian communities (2017)
Journal Article
Harrison, K., & Gill, A. K. (2018). Breaking down barriers: Recommendations for improving sexual abuse reporting rates in British South Asian communities. The British journal of criminology, 58(2), 273-290. https://doi.org/10.1093/bjc/azx027

Sexual abuse reporting rates, which are low in general, are thought to be even worse for those living within British South Asian communities. After brief consideration of why British South Asian women and children do not report sexual abuse, this art... Read More about Breaking down barriers: Recommendations for improving sexual abuse reporting rates in British South Asian communities.

Multi-level governance in the EU and EU democracy : democratic legitimacy, democratic accountability and transparency of the European offices of the English local authorities in Brussels (2017)
Journal Article
Panara, C., & Varney, M. (2017). Multi-level governance in the EU and EU democracy : democratic legitimacy, democratic accountability and transparency of the European offices of the English local authorities in Brussels. Regional and Federal Studies, 27(2), 153-170. https://doi.org/10.1080/13597566.2017.1308926

This paper seeks to examine the role and functions of the representative offices of English local authorities in Brussels by considering the democratic legitimacy (i.e. linkage to elected councillors or mayors), accountability and transparency of the... Read More about Multi-level governance in the EU and EU democracy : democratic legitimacy, democratic accountability and transparency of the European offices of the English local authorities in Brussels.

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

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/10.1080/20414005.2017.1356624

The 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?.

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

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), 299-323

Is 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.

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.31937

Civil 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.

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), 733-757

English 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/10.1080/13552600.2016.1267271

This 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.

Οι δικαστές του Ηνωμένου Βασιλείου και η Ευρωπαϊκή Ενοποίηση (2016)
Book Chapter
Birkinshaw, P. (2016). Οι δικαστές του Ηνωμένου Βασιλείου και η Ευρωπαϊκή Ενοποίηση. In Το Σύνταγμα (141-170)

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.

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/10.1080/20414005.2016.1275590

This 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/10.1057/9781137558770

This 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.

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 House

Vesco 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.

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/10.1163/15718085-12341411

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

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