Skip to main content

Research Repository

Advanced Search

All Outputs (325)

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

Reasoning through Crisis: Crisis, Incommensurability and Belief (2016)
Journal Article
Connelly, J. (2019). Reasoning through Crisis: Crisis, Incommensurability and Belief. Revue Française de Civilisation Britannique, 21(2), https://doi.org/10.4000/rfcb.1069

This paper draws on Thomas Kuhn’s The Structure of Scientific Revolutions, but it is neither an exposition nor a critique of that book and uses certain concepts from it as a springboard for reflections on the nature of crisis. Kuhn’s key term was par... Read More about Reasoning through Crisis: Crisis, Incommensurability and Belief.

Public procurement and state aid (2016)
Book Chapter
Bovis, C. (2016). Public procurement and state aid. In H. Hofmann, & C. Micheau (Eds.), State Aid Law of the European Union. Oxford University Press

Research handbook on EU public procurement law (2016)
Book
Bovis, C. (Ed.). (2016). Research handbook on EU public procurement law. Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781781953266

The Research Handbook on EU Public Procurement Law makes a major contribution to our understanding of the EU public procurement regime, at a time when it is being implemented by the EU Member States, and of the pivotal role that this will play for th... Read More about Research handbook on EU public procurement law.

Police responses to intimate partner sexual violence in South Asian communities (2016)
Journal Article
Gill, A. K., & Harrison, K. (2016). Police responses to intimate partner sexual violence in South Asian communities. Policing, 10(4), 446-455. https://doi.org/10.1093/police/paw027

Recognition of sexual violence as a serious problem has been reflected in the wide range of initiatives that over the past 20 years in the UK have been designed to tackle this problem. Emphasis on prevention, protection, and redress has enabled crimi... Read More about Police responses to intimate partner sexual violence in South Asian communities.

Is nudging really extra-legal? (2016)
Journal Article
Cserne, P. (2016). Is nudging really extra-legal?. Revue Tocqueville / Tocqueville Review, 37(1), 159-180

Some of the scholarly literature on nudges seems to assume, without giving it much further thought, that nudges represent a non-legal or extra-legal form of regulation. Others routinely assume nudges to be legal, i.e. capable of being authorized and... Read More about Is nudging really extra-legal?.

Bulgarian constitutionalism : challenges, reform, resistance and ... frustration (2016)
Journal Article
Paskalev, V. (2016). Bulgarian constitutionalism : challenges, reform, resistance and ... frustration. European Public Law, 22(2), 203-224

The paper offers an analysis of Bulgarian constitutional development since 2001 and the impossibility of progressive reforms. It links the decline of quality of democracy with the decline of quality of public discourse.

Effective redress of grievance in data protection : an illusion? (2016)
Journal Article
Varney, M. (2016). Effective redress of grievance in data protection : an illusion?. Maastricht Journal of European and Comparative Law, 23(3), 550-567. https://doi.org/10.1177/1023263X1602300310

This article questions whether the current data protection legislative framework in the EU to provide effective redress of grievance for those who are affected by a breach of data protection law. It considers the extent to which the principle of effe... Read More about Effective redress of grievance in data protection : an illusion?.

Beyond responsibility to protect: Ceci N'Est Pas Une Pipe (2016)
Book Chapter
Barnes, R. A., & Tzevelekos, V. P. (2016). Beyond responsibility to protect: Ceci N'Est Pas Une Pipe. In R. Barnes, & V. Tzevelekos (Eds.), Beyond responsibility to protect: Generating change in international law (3-30). Intersentia. https://doi.org/10.1017/9781780687483.002

René Magritte's famous painting showing a pipe and painted text informing the reader that ‘[t]his is not a pipe’ is susceptible to varying interpretations. The truth of the painter's message depends on whether ‘this’ refers to the pipe depicted or to... Read More about Beyond responsibility to protect: Ceci N'Est Pas Une Pipe.

The right to a fair trial and the military justice system in Pakistan (2016)
Journal Article
Shah, N. A. (2016). The right to a fair trial and the military justice system in Pakistan. Journal of International Humanitarian Legal Studies, 7(2), 330-362. https://doi.org/10.1163/18781527-00702003

This article analyses the military justice system of Pakistan to determine to what extent it is compatible with fair trial standards recognised by human rights law and the constitution of Pakistan. It sets out the fair trial tests and apply them to t... Read More about The right to a fair trial and the military justice system in Pakistan.

Expert testimony, law and epistemic authority (2016)
Journal Article
Ward, T. (2017). Expert testimony, law and epistemic authority. Journal of Applied Philosophy, 34(2), 263-277. https://doi.org/10.1111/japp.12213

© Society for Applied Philosophy, 2016 This article discusses the concept of epistemic authority in the context of English law relating to expert testimony. It distinguishes between two conceptions of epistemic authority (and epistemic deference), on... Read More about Expert testimony, law and epistemic authority.

Justifying mental health rights from a Gewirthian perspective (2016)
Book Chapter
Bielby, P. (2016). Justifying mental health rights from a Gewirthian perspective. In P. Bauhn (Ed.), Gewirthian perspectives on human rights (174-190). Taylor and Francis. https://doi.org/10.4324/9781315625645

In this chapter, I seek to offer a Gewirthian justifi cation of mental health rights. In particular, I will explore the interrelationship between two themes which feature within Gewirthian ethics and which are central to the human condition. The fi r... Read More about Justifying mental health rights from a Gewirthian perspective.

The Islamic law of Qital and the law of armed conflict: a comparison (2016)
Book Chapter
Shah, N. A. (2016). The Islamic law of Qital and the law of armed conflict: a comparison. In R. P. Barnidge, Jr. (Ed.), The Liberal Way of War: Legal Perspectives (213-238). Routledge. https://doi.org/10.4324/9781315556147

Although the origin and history of the Islamic law of qital, that is, the Islamic jus in bello, and the law of armed conflict are different, both of these bodies of law share the ultimate aim and objective of minimising unnecessary human suffering.1... Read More about The Islamic law of Qital and the law of armed conflict: a comparison.

Britain alone constitutionally: Brexit and Restitutio in Integrum (2016)
Book Chapter
Birkinshaw, P., & Varney, M. (2016). Britain alone constitutionally: Brexit and Restitutio in Integrum. In P. J. Birkinshaw, & A. Biondi (Eds.), Britain alone! The implications and consequences of United Kingdom exit from the EU. Kluwer Law International

Introduction: European Union climate leadership (2016)
Book Chapter
Connelly, J., Wurzel, R. K., & Liefferink, D. (2016). Introduction: European Union climate leadership. In The European Union in International Climate Change Politics: Still Taking a Lead? (3-19). Routledge. https://doi.org/10.4324/9781315627199

There is no shortage of would-be leaders in EU climate change politics. The EU institutions (e.g. European Council, Council of the EU, Commission and the European Parliament (EP)), member states and societal actors have all, though to varying degrees... Read More about Introduction: European Union climate leadership.