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All Outputs (325)

CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not) (2015)
Journal Article
Twigg-Flesner, C. (2015). CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not). European review of private law = Revue européenne de droit privé = Europäische Zeitschrift für Privatrecht, 23(2),

This article explores the case for legislation that focuses specifically on cross-border consumer transactions in the internal market. It argues that the existence of two parallel regimes (domestic and cross-border) is a positive step because the cro... Read More about CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not).

Citizenship deprivation (2015)
Book
Bauböck, R., & Paskalev, V. (2015). Citizenship deprivation

Most critical analyses assess citizenship-deprivation policies against international human rights and domestic rule of law standards, such as prevention of statelessness, non-arbitrariness with regard to justifications and judicial remedies, or non-d... Read More about Citizenship deprivation.

The first legal mortgagor: a consumer without adequate protection? (2015)
Journal Article
Whitehouse, L. (2015). The first legal mortgagor: a consumer without adequate protection?. Journal of consumer policy, 38(2), 161-180. https://doi.org/10.1007/s10603-015-9284-6

This article contends that the UK government’s attempt to create a well-functioning consumer credit market will be undermined if it fails to reform the private law framework relating to the first legal mortgage. Such agreements are governed by two di... Read More about The first legal mortgagor: a consumer without adequate protection?.

Jogalkotási javaslatok megfogalmazása a jogtudományban (2015)
Book Chapter
Cserne, P., & Gajduschek, G. (2015). Jogalkotási javaslatok megfogalmazása a jogtudományban. In A. Jakab, & A. Menyhárd (Eds.), A jog tudománya: Tudománytörténeti és -elméleti írások, gyakorlati tanácsokkal (79–100). HVG-Orac

Flag states (2015)
Book Chapter
Barnes, R. (2015). Flag states. In D. Rothwell, A. Oude Elferink, K. Scott, & T. Stephens (Eds.), The Oxford Handbook on the Law of the Sea (304-325). Oxford University Press

Flag State jurisdiction provides one of the principal ways of maintaining legal order over activities at sea, although its significance has lessened as a consequence of extensions in coastal State jurisdiction over ocean spaces. Any State may grant... Read More about Flag states.

When second best is still a no-brainer : why Labour should shoot for a majority coalition in May 2015 (2015)
Journal Article
Yong, B., & Bale, T. (2015). When second best is still a no-brainer : why Labour should shoot for a majority coalition in May 2015. The Political quarterly, 86(1), 133-140. https://doi.org/10.1111/1467-923x.12143

The chances of Labour winning the 2015 general election with a comfortable overall majority are vanishingly small. It could, however, emerge as the largest party or finish just a handful of seats behind the Conservatives. Either scenario would give i... Read More about When second best is still a no-brainer : why Labour should shoot for a majority coalition in May 2015.

Action against host states of terrorist groups (2015)
Book Chapter
Moir, L. (2015). Action against host states of terrorist groups. In M. Weller (Ed.), The Oxford handbook of the use of force in international law (720-736). Oxford University Press. https://doi.org/10.1093/law/9780199673049.003.0033

This chapter examines the problems that could arise when a state invokes self-defence to justify action against terrorist groups in another state. It first considers indirect armed attack against armed groups and the controversy surrounding the use o... Read More about Action against host states of terrorist groups.

Reconstructing the effective control criterion in extraterritorial human rights breaches : direct attribution of wrongfulness, due diligence, and concurrent responsibility (2014)
Journal Article
Tzevelekos, V. P. (2014). Reconstructing the effective control criterion in extraterritorial human rights breaches : direct attribution of wrongfulness, due diligence, and concurrent responsibility. Michigan Journal of International Law, 34(1), 129-178

The paper discusses the rather thorny question of extraterritoriality in human rights protection and the effective control criterion developed by the European Court of Human Rights with a view to delimit territorially the ambit of human right obligat... Read More about Reconstructing the effective control criterion in extraterritorial human rights breaches : direct attribution of wrongfulness, due diligence, and concurrent responsibility.

Human rights and human wrongs: a rights based approach to the punishment of sex offenders (2014)
Journal Article
Harrison, K., & Rainey, B. (2014). Human rights and human wrongs: a rights based approach to the punishment of sex offenders. Contemporary Issues in Law, 13(3), 229-248

The treatment and management of sex offenders is largely premised on the concepts of punishment and public protection. Driven by populist punitiveness and moral panic, policies designed to manage such offenders are largely incapacitative and retaliat... Read More about Human rights and human wrongs: a rights based approach to the punishment of sex offenders.

Proprietary relief in Boardman v Phipps (2014)
Journal Article
Hicks, A. (2014). Proprietary relief in Boardman v Phipps. Northern Ireland Legal Quarterly, 65(1), 1-21

The extent to which acquisitive breaches of fiduciary obligation trigger a constructive trust remains one of the most difficult and controversial issues in equity and the law of restitution.

Portrait of the EU as a rational agent : collective reason and democratic deficit (2014)
Journal Article
Paskalev, V. (2014). Portrait of the EU as a rational agent : collective reason and democratic deficit. Croatian yearbook of European law and policy, 10, 89-129

In the present article I take a critical view of the well-known discursive dilemma which captures the difference between governance by collective reasoning and governance responsive to majoritarian will. I identify a problem with the solution preferr... Read More about Portrait of the EU as a rational agent : collective reason and democratic deficit.

Research on Patients with Dementia (2014)
Book Chapter
Bielby, P. (2014). Research on Patients with Dementia. In C. Foster, J. Herring, & I. Doron (Eds.), The Law and Ethics of Dementia. Hart Publishing

Contract, Freedom of (2014)
Book Chapter
Cserne, P. (2014). Contract, Freedom of. In Encyclopedia of Law and Economics (1-10). Springer Publishing Company. https://doi.org/10.1007/978-1-4614-7883-6_538-1

Freedom of contract is a principle of law, expressing three related ideas: parties should be free to choose their contracting partners (“party freedom”), to agree freely on the terms of their agreement (“term freedom”), and where agreements have been... Read More about Contract, Freedom of.

‘It’s a bird! It’s a plane! It’s a non-international armed conflict!’: cross-border hostilities between states and non-state actors (2014)
Book Chapter
Moir, L. (2014). ‘It’s a bird! It’s a plane! It’s a non-international armed conflict!’: cross-border hostilities between states and non-state actors. In C. Harvey, J. Summers, & N. D. White (Eds.), Contemporary challenges to the laws of war (71-94). Cambridge University Press. https://doi.org/10.1017/CBO9781107478725.007

© Cambridge University Press 2014. All rights reserved. A contention may, of course, arise between armed forces of a State and a body of armed individuals, but this is not war. [M]odern conflict often does not appear to fit nicely into the strict tra... Read More about ‘It’s a bird! It’s a plane! It’s a non-international armed conflict!’: cross-border hostilities between states and non-state actors.

Energy sovereignty in marine spaces (2014)
Journal Article
Barnes, R. (2014). Energy sovereignty in marine spaces. International Journal of Marine and Coastal Law, 29(4), 573-599. https://doi.org/10.1163/15718085-12341328

The term “energy sovereignty” is used with differing emphases to describe a State’s rights or assertions over energy resources and supplies. Given the importance of offshore energy developments, particularly in the field of renewables, this article e... Read More about Energy sovereignty in marine spaces.

The empirical approach to research in property law (2014)
Journal Article
Whitehouse, L., & Bright, S. (2014). The empirical approach to research in property law. Property Law Review, 3(3), 176-185

This article offers an account of the unique characteristics, challenges and benefits of empirical legal research. The authors explain that empirical legal research involves the collection and observation of data through a variety of research techniq... Read More about The empirical approach to research in property law.

Special advisers: Who they are, what they do and why they matter (2014)
Book
Yong, B., & Hazell, R. (2014). Special advisers: Who they are, what they do and why they matter. Bloomsbury Publishing

Viewers of The Thick of It will know of special advisers as spin doctors and political careerists. Several well-known ministers have been special advisers, among them David Cameron, Ed Miliband, Jack Straw and Vince Cable. People also know about the... Read More about Special advisers: Who they are, what they do and why they matter.