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All Outputs (84)

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). Singapore: 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.

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). Abingdon: 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 '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 (2019)
Book Chapter
Barnes, R., & Rosello, M. (in press). Fisheries and maritime security: Understanding and enhancing the connection. In Maritime Security and the Law of the Sea. Help or Hindrance. Edward Elgar Publishing

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.

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.

The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law (2019)
Book Chapter
Barnes, R. (2019). The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law. In D. Freestone (Ed.), Conserving biodiversity in areas beyond national jurisdiction (104-139). Leiden: Brill Academic Publishers. https://doi.org/10.1163/9789004391703_006

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

Historical evolution of the international legal responses to the trafficking of children: A critique (2019)
Book Chapter
Faulkner, E. A. (2019). Historical evolution of the international legal responses to the trafficking of children: A critique. In J. A. Winterdyk, & J. Jones (Eds.), The Palgrave International Handbook of Human Trafficking (1-18). Cham, Switzerland: Palgrave Macmillan. https://doi.org/10.1007/978-3-319-63192-9_113-1

The trafficking of children has received extensive attention from both academic and political arenas in recent years, yet this growing phenomenon remains a relatively new area of international law (Gallagher, The international law of human traffickin... Read More about Historical evolution of the international legal responses to the trafficking of children: A critique.

Environmental rights in marine spaces (2018)
Book Chapter
Barnes, R. (2018). Environmental rights in marine spaces. In S. Bogojevic, & R. Rayfuse (Eds.), Environmental rights in Europe and beyond. Oxford: Bloomsbury Publishing

Restorative justice and the therapeutic tradition: Looking into the future (2018)
Book Chapter
Johnstone, G. (2018). Restorative justice and the therapeutic tradition: Looking into the future. In Routledge International Handbook of Restorative Justice (395-408). Taylor & Francis (Routledge). https://doi.org/10.4324/9781315613512

If asked to explain the essence of restorative justice in one or two sentences, many advocates and practitioners might employ Nils Christie’s formula about the state and its actors stealing conflicts which belong to crime victims and offenders and ex... Read More about Restorative justice and the therapeutic tradition: Looking into the future.

Israeli air strikes in Syria, 2003 and 2007 (2018)
Book Chapter
Moir, L. (2018). Israeli air strikes in Syria, 2003 and 2007. In T. Ruys, O. Corten, & A. Hofer (Eds.), International law and the use of force: A case-based approach (662-672). Oxford: Oxford University Press

The Governance of Parliament (2018)
Book Chapter
Yong, B. (2018). The Governance of Parliament. In A. Horne, & G. Drewry (Eds.), Parliament and the Law (75-102). (2nd). Oxford: Hart Publishing

Alternative histories and futures of International Fisheries Law (2018)
Book Chapter
Barnes, R. (in press). Alternative histories and futures of International Fisheries Law. In Strengthening International Fisheries Law in an era of changing oceans. Oxford: 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.

Paternalism and contract law (2018)
Book Chapter
Cserne, P. (2018). Paternalism and contract law. In K. Grill, & J. Hanna (Eds.), The Routledge handbook of the philosophy of paternalism (293–310). Abingdon: Routledge

Les nudges sont-ils des outils extra-juridiques? (2018)
Book Chapter
Cserne, P. (2018). Les nudges sont-ils des outils extra-juridiques?. In A. Brunon-Ernst, & M. Bozzo-Rey (Eds.), Nudges et normativités: Généalogies, Concepts et Applications (121–145)

The pursuit of good regulatory design principles in International Fisheries law: What possibility of smarter international regulation? (2018)
Book Chapter
Barnes, R. (in press). The pursuit of good regulatory design principles in International Fisheries law: What possibility of smarter international regulation?. In Smart Mixes of Environmental Governance edited by Niels Philipsen, Judith van Erp, Andre Nollkaemper, and Michael Faure (tbc). Cambridge: Cambridge University Press

There is a growing body of literature that explores the effectiveness of different regulatory approaches and tools (e.g. Gunningham and Sinclair 1999, Van Gossum et al 2010, Baldwin et al 2012). This is sometimes referred to as smart regulation, resp... Read More about The pursuit of good regulatory design principles in International Fisheries law: What possibility of smarter international regulation?.

Sentencing high-risk sex offenders: Policy and Legislation (2017)
Book Chapter
Harrison, K. (2017). Sentencing high-risk sex offenders: Policy and Legislation. In T. Sanders (Ed.), The Oxford Handbook of Sex Offenders and Sex Offences (327-343). Oxford, UK: Oxford University Press. https://doi.org/10.1093/oxfordhb/9780190213633.013.19

This essay considers sex offender legislation in a number of countries, including England and Wales, Germany, and the United States, and details sex offender sentencing provisions in various systems. It evaluates the policies behind these laws. The e... Read More about Sentencing high-risk sex offenders: Policy and Legislation.