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All Outputs (131)

Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity (2012)
Journal Article
Bielby, P. (2014). Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity. Health Care Analysis, 22(2), 114-142. https://doi.org/10.1007/s10728-012-0215-2

A ‘Ulysses arrangement' (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive' UAs, which raise t... Read More about Ulysses arrangements in psychiatric treatment : towards proposals for their use based on 'sharing' legal capacity.

Public procurement in the EU: jurisprudence and conceptual directions (2012)
Journal Article
Bovis, C. H. (2012). Public procurement in the EU: jurisprudence and conceptual directions. Common Market Law Review, 49(1), 247-290

The present article reviews the emerging conceptual themes from the case law of the European Court of Justice which have triggered the revision of the public procurement Directives, and the alignment of the public procurement acquis with the Europe 2... Read More about Public procurement in the EU: jurisprudence and conceptual directions.

International Regulation of Fisheries Management in Arctic Waters (2011)
Journal Article
Barnes, R. (2011). International Regulation of Fisheries Management in Arctic Waters. Jahrbuch fur internationales Recht. German yearbook of international law, 54, 193-230

Climate change has opened up the possibility of new fisheries in Arctic waters. There are governance gaps in existing international and regional instruments as they apply to Arctic waters. Existing regimes might be adapted or a new Arctic RFMO create... Read More about International Regulation of Fisheries Management in Arctic Waters.

In search of alternative solutions : can the state of origin be held internationally responsible for investors' human rights abuses that are not attributable to it? (2010)
Journal Article
Tzevelekos, V. (2010). In search of alternative solutions : can the state of origin be held internationally responsible for investors' human rights abuses that are not attributable to it?. Brooklyn Journal of International Law, 35(1), 155-231

The paper establishes a three-step (due diligence, positive effect of human rights and extraterritoriality) argument for the responsibility of the home state for the human right breaches of its investors in third countries.

The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology? (2010)
Journal Article
Tzevelekos, V. (2010). The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology?. Michigan Journal of International Law, 31(3), 621-690

In Part I the Article will briefly introduce the question of the fragmentation of international law, and will more extensively delineate the role that the ILC attributed to Article 31(3)(c) and the ILC's expectations regarding its success in this rol... Read More about The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology?.

Multi-disciplinary definitions and understandings of 'paedophilia' (2010)
Journal Article
Harrison, K., Manning, R., & McCartan, K. (2010). Multi-disciplinary definitions and understandings of 'paedophilia'. Social & legal studies, 19(4), 481-496. https://doi.org/10.1177/0964663910369054

Despite the current high-profile concern over paedophiles and paedophilic activity, there is no easily accessible or widely accepted multi-disciplinary definition of paedophilia. Commentators have pointed to a general contemporary misunderstanding su... Read More about Multi-disciplinary definitions and understandings of 'paedophilia'.

Making the case for socio-legal research in land law: Renner and the law of mortgage (2010)
Journal Article
Whitehouse, L. (2010). Making the case for socio-legal research in land law: Renner and the law of mortgage. Journal of Law and Society, 37(4), 545-568. https://doi.org/10.1111/j.1467-6478.2010.00521.x

The aim of this article is to enhance knowledge of and to encourage further research into two areas not traditionally the subject of socio-legal research, namely, the work of Karl Renner and the English law of mortgage, for three reasons. First, an a... Read More about Making the case for socio-legal research in land law: Renner and the law of mortgage.

Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning (2010)
Journal Article
Cserne, P. (2010). Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning. Humanitas Journal of European Studies, 3, 9-30

This paper is a modest contribution to a long lasting discussion in legal theory and touches on two broad and related questions: what is and what ought to be the role of consequence-based arguments in legal reasoning. Although putting too much stress... Read More about Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning.

On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need (2010)
Journal Article
Szalai, A., & Cserne, P. (2010). On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need. Silesian journal of legal studies, 2, 11-25

In this paper the authors argue that the received view is unwarranted. Their model suggests that in many cases the socially efficient contract price is higher than the rescue costs. To be sure, due to serious information problems the practical implem... Read More about On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need.

Legal aspects of surgical castration (2010)
Journal Article
Harrison, K. (2010). Legal aspects of surgical castration. Sexual offender treatment, 5(2), 42856

The use of surgical castration, whilst still legal in some European countries is now being practised only on a very small scale. This is largely due to the fact that many people have objections to the practice of surgically castrating offenders, espe... Read More about Legal aspects of surgical castration.

War crimes in the armed conflict in Pakistan (2010)
Journal Article
Shah, N. A. (2010). War crimes in the armed conflict in Pakistan. Studies in Conflict and Terrorism, 33(4), 283-306. https://doi.org/10.1080/10576100903582535

This article argues that an internal armed conflict exists in Pakistan and the law of armed conflict together with human rights law applies to it. It is further argued that both the security forces of Pakistan and the Pakistani Taliban have and will... Read More about War crimes in the armed conflict in Pakistan.

The Marine Strategy Framework Directive (2010)
Journal Article
Barnes, R., & Metcalfe, D. (2010). The Marine Strategy Framework Directive. International Journal of Marine and Coastal Law, 25, 81 - 91. https://doi.org/10.1163/157180809X12583617932347

The Marine Strategy Framework Directive was adopted on 17 June 2008 and entered into force on 15 July 2008. It is recognised by the European Community that pressures and demands on marine resources are often excessive and that action must be taken in... Read More about The Marine Strategy Framework Directive.

Comment The 2006 Women Protection Act of Pakistan: An Analysis (2010)
Journal Article
Shah, N. A. (2010). Comment The 2006 Women Protection Act of Pakistan: An Analysis. Religion and human rights, 5(1), 1-10. https://doi.org/10.1163/187103210x513620

This note argues that the 1979 Hudood laws of Pakistan, especially the Zina Ordinance were discriminatory and led to the violations of rights of men and women, but women were the hardest hit victims. The new legislation in 2006 has remedied the situa... Read More about Comment The 2006 Women Protection Act of Pakistan: An Analysis.

Regulating media markets in the public interest: principles beyond competition (2009)
Journal Article
Feintuck, M. (2009). Regulating media markets in the public interest: principles beyond competition. Journal of Media Business Studies, 6(3), 63-77. https://doi.org/10.1080/16522354.2009.11073489

The difficulties of regulating the giant corporations whichoperate within the broadcast and print media are well-charted. Whetheron a local, national or international scale, establishing or maintaininganything beyond a meager oligopolistic version of... Read More about Regulating media markets in the public interest: principles beyond competition.

Consumer goods guarantees in the DCFR (2009)
Journal Article
Twigg-Flesner, C. (2009). Consumer goods guarantees in the DCFR. European review of private law = Revue européenne de droit privé = Europäische Zeitschrift für Privatrecht, 17(4), 641-657

This article examines the provisions on consumer guarantees as contained in the Draft Common Frame of Reference (DCFR). It will be argued that while some of these provisions may seem sensible at first sight, there appears to be no clear justification... Read More about Consumer goods guarantees in the DCFR.

The mortgage arrears pre-action protocol : an opportunity lost (2009)
Journal Article
Whitehouse, L. (2009). The mortgage arrears pre-action protocol : an opportunity lost. Modern Law Review, 72(5), 793-814. https://doi.org/10.1111/j.1468-2230.2009.00768.x

In February 2008, the Civil Justice Council circulated for consultation a mortgage arrears pre-action protocol that proposed some of the most radical and significant reforms of the repossession process for a century. Hinting at a return to the equita... Read More about The mortgage arrears pre-action protocol : an opportunity lost.

The rule of law in Pakistan (2009)
Journal Article
Shah, N. A. (2009). The rule of law in Pakistan. Public administration, 20(3), 187-193

Grave breaches and internal armed conflicts (2009)
Journal Article
Moir, L. (2009). Grave breaches and internal armed conflicts. Journal of International Criminal Justice, 7(4), 763-787. https://doi.org/10.1093/jicj/mqp050

International law has historically been more concerned with the regulation of international, rather than internal, armed conflict. As an integral part of this regime, aimed specifically at the violation of particular rules relating to international a... Read More about Grave breaches and internal armed conflicts.

The transformation of violence in Iraq (2009)
Journal Article
Green, P., & Ward, T. (2009). The transformation of violence in Iraq. The British journal of criminology, 49(5), 609-627. https://doi.org/10.1093/bjc/azp022

This article explores the connections between various forms of organized political violence and ostensibly private, non-political violence in post-invasion Iraq, focusing on gender-based violence and the links between militias and organized crime. We... Read More about The transformation of violence in Iraq.