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All Outputs (131)

Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I (2023)
Journal Article
Moir, L. (in press). Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I. The Military Law and the Law of War Review, 61(2),

Belligerent reprisals are a largely discredited method for the enforcement of international humanitarian law, which have been progressively limited and prohibited. Additional Protocol I of 1977 prohibits reprisals against enemy civilians but the Unit... Read More about Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I.

The Nature and Character of the Public Markets and Their Effects on Public Procurement in the European Union (2022)
Journal Article
Bovis, C. (2022). The Nature and Character of the Public Markets and Their Effects on Public Procurement in the European Union. Studia Iuridica Lublinensia, 31(4), 9-27. https://doi.org/10.17951/sil.2022.31.4.9-27

The regulation of public procurement in the European Union focuses on the internal market and its function in accordance with the fundamental freedoms. It aims at installing a behaviour for the public sector which is similar dynamics to the function... Read More about The Nature and Character of the Public Markets and Their Effects on Public Procurement in the European Union.

Re-colonisation of Jammu and Kashmir and the Right to Self-determination (2022)
Journal Article
Shah, N. A. (2022). Re-colonisation of Jammu and Kashmir and the Right to Self-determination. International Human Rights Law Review, https://doi.org/10.1163/22131035-11020005

On 5 August 2019, India unilaterally ended the autonomous status under Article 370 of the Indian constitution 1949. The state of Jammu and Kashmir (J&K) was established under the terms of the Instrument of Accession by the Ruler of j&k. To change the... Read More about Re-colonisation of Jammu and Kashmir and the Right to Self-determination.

The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan (2022)
Journal Article
Shah, N. A. (2022). The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan. Human rights quarterly, 44(2), 257-285. https://doi.org/10.1353/hrq.2022.0020

I argue that Islamic law treats ratified human rights treaties as part of the law of the land and as directly applicable in courts in Muslim states such as Pakistan where Sharia is the main source of law. The Islamic approach is the better and more e... Read More about The Application of Human Rights Treaties in Dualist Muslim States: The Practice of Pakistan.

Working and Impact of Parliamentary Committees in the UK and Bangladesh: A Theoretical Analysis (2022)
Journal Article
Chowdhury, M. J. A. (2022). Working and Impact of Parliamentary Committees in the UK and Bangladesh: A Theoretical Analysis. Dhaka University Law Journal, 32(2), 175-198. https://doi.org/10.3329/dulj.v32i2.57964

There are four leading committee theories that explain how the parliamentary committees are organised across the congressional and parliamentary systems, why they behave in particular ways and how the political parties influence their... Read More about Working and Impact of Parliamentary Committees in the UK and Bangladesh: A Theoretical Analysis.

Jurisdictional and Procedural Dilemmas of the Family Courts in Bangladesh (2021)
Journal Article
Chowdhury, M. J. A., & Shafiq, A. B. (2021). Jurisdictional and Procedural Dilemmas of the Family Courts in Bangladesh. Jahangirnagar University Journal of Law, 9(1), 51-71

Bangladesh's Family Courts Ordinance (FCO) 1985 was touted as a very significant development in the personal law enforcement regime. It sought to establish a civil court of exclusive jurisdiction to dispose of family suits. The court was supposed no... Read More about Jurisdictional and Procedural Dilemmas of the Family Courts in Bangladesh.

Judicial Review of “Internal Parliamentary Proceedings”: The Dialogic and Non-dialogic Approaches (2021)
Journal Article
Chowdhury, M. J. A. (2021). Judicial Review of “Internal Parliamentary Proceedings”: The Dialogic and Non-dialogic Approaches. Comparative Constitutional Law and Administrative Law Journal, 6(1), 28-57

This article compares the internal proceedings jurisprudence of the highest courts of the United Kingdom (UK), India, and Bangladesh. Though the Supreme Courts of Bangladesh and India have shown general deference to the debates in parliament, they ha... Read More about Judicial Review of “Internal Parliamentary Proceedings”: The Dialogic and Non-dialogic Approaches.

Beyond Surviving to Thriving: The Case for a 'Compassion towards Thriving' Approach in Public Mental Health Ethics (2021)
Journal Article
Bielby, P. (2021). Beyond Surviving to Thriving: The Case for a 'Compassion towards Thriving' Approach in Public Mental Health Ethics. Public Health Ethics, 14(3), 298-316. https://doi.org/10.1093/phe/phab023

In this article, I argue for a novel understanding of compassion - what I call a 'compassion towards thriving' approach - to inform public mental health ethics. The argument is developed through two main parts. In the first part, I develop an account... Read More about Beyond Surviving to Thriving: The Case for a 'Compassion towards Thriving' Approach in Public Mental Health Ethics.

Sustaining Public–Private Partnerships for Public Service Provision Through Democratically Accountable Practices (2021)
Journal Article
Onyoin, M., & Bovis, C. H. (in press). Sustaining Public–Private Partnerships for Public Service Provision Through Democratically Accountable Practices. Administration and Society, https://doi.org/10.1177/00953997211030516

Despite the multiple stakeholder-centered complexities involved, the public–private partnership (PPP) modality is increasingly the vehicle of choice for the provision of public services in the developing world. This article asks how PPPs might overco... Read More about Sustaining Public–Private Partnerships for Public Service Provision Through Democratically Accountable Practices.

Constitutionalizing the Autonomy and Academic Freedom of the Universities in Bangladesh (2021)
Journal Article
Chowdhury, M. J. A., & Sejan, S. S. (2021). Constitutionalizing the Autonomy and Academic Freedom of the Universities in Bangladesh. Bangladesh Journal of Law, 19(1), 33-58

Autonomous universities and their academic freedom did not get expression recognition in the Constitution of Bangladesh. While the Constitution broadly recognizes the citizens’ freedom of thought, conscience, and speech and, also that of the Press, o... Read More about Constitutionalizing the Autonomy and Academic Freedom of the Universities in Bangladesh.

Exploring the impact of body-worn video on the everyday behaviours of police officers (2021)
Journal Article
Harrison, K., L’Hoiry, X., & Santorso, S. (2022). Exploring the impact of body-worn video on the everyday behaviours of police officers. Police Journal: Theory, Practice and Principles, 95(2), 363-377. https://doi.org/10.1177/0032258X211000834

The use of body-worn video in Police Forces in England and Wales is not new. On the whole, evaluations have been positive, although, there is little evidence regarding how beneficial the cameras can be in terms of how they impact on the everyday beha... Read More about Exploring the impact of body-worn video on the everyday behaviours of police officers.

Covid-19: Implications for Corporate Governance and Corporate Social Responsibility (CSR) in Africa (2021)
Journal Article
Lateef, M. A., & Akinsulore, A. (2021). Covid-19: Implications for Corporate Governance and Corporate Social Responsibility (CSR) in Africa. Beijing law review, 12(12), 139-160. https://doi.org/10.4236/blr.2021.121008

The novel coronavirus disease (COVID-19) has undoubtedly brought a lot of disruptions into the world order-lives, livelihoods, national, and international economies and imposed what is now permeating as the "new normal" in all aspects of human activi... Read More about Covid-19: Implications for Corporate Governance and Corporate Social Responsibility (CSR) in Africa.

Company Group Liability and Extra-Territorial Jurisdiction: The Considerable Post-Brexit Obstacles to the UK as a Major Forum for Competition Law Damages Actions (2021)
Journal Article
Stirling, G. (2021). Company Group Liability and Extra-Territorial Jurisdiction: The Considerable Post-Brexit Obstacles to the UK as a Major Forum for Competition Law Damages Actions. Global Competition Litigation Review, 14(1), 27-35

Whereas the UK – and England in particular – has proved a popular forum for bringing damages actions in respect of breaches of EU competition law, this article considers how this situation is likely to be effected by the UK’s imminent departure from... Read More about Company Group Liability and Extra-Territorial Jurisdiction: The Considerable Post-Brexit Obstacles to the UK as a Major Forum for Competition Law Damages Actions.

From the polling booths to the courtrooms : challenges of strict application of time frame in judicial contestation of election disputes in Nigeria (2021)
Journal Article
Etti, M. A., & Lateef, M. A. (2021). From the polling booths to the courtrooms : challenges of strict application of time frame in judicial contestation of election disputes in Nigeria. Comparative Constitutional Law and Administrative Law Quarterly, V(I), 73-98

After her longest military interregnum spanning almost two decades since 1984, Nigeria returned to a democratic system of government in May 1999. By May 2019, five presidential and other national and sub-national elections were held in the country. V... Read More about From the polling booths to the courtrooms : challenges of strict application of time frame in judicial contestation of election disputes in Nigeria.

Policy and institutional enablers of public–private partnerships in the electricity sector in Uganda: a multi-level and path dependence perspective (2020)
Journal Article
Onyoin, M., & Bovis, C. (2021). Policy and institutional enablers of public–private partnerships in the electricity sector in Uganda: a multi-level and path dependence perspective. The International journal of public sector management, 34(1), 51-70. https://doi.org/10.1108/IJPSM-01-2020-0026

Purpose: This paper explains the evident disproportionality in the levels of adoption of the modality of public–private partnerships (PPPs) in Uganda by tracing the peculiar preconditions and enablers of the model's relative high adoption in the elec... Read More about Policy and institutional enablers of public–private partnerships in the electricity sector in Uganda: a multi-level and path dependence perspective.

The elusive test for unfair excessive pricing under EU law: revisiting United Brands in the light of Competition and Markets Authority v Flynn Pharma Ltd (2020)
Journal Article
Stirling, G. (2020). The elusive test for unfair excessive pricing under EU law: revisiting United Brands in the light of Competition and Markets Authority v Flynn Pharma Ltd. European Competition Journal, 16(2-3), 368-386. https://doi.org/10.1080/17441056.2020.1771007

The European Commission has historically proved relatively reluctant to intervene in the areaof excessive pricing. This is probably partly because the test outlined in United Brands v Commission remainsunclearin variousrespects.In a recent d... Read More about The elusive test for unfair excessive pricing under EU law: revisiting United Brands in the light of Competition and Markets Authority v Flynn Pharma Ltd.

The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on" (2019)
Journal Article
Stirling, G. (2019). The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on". Global Competition Litigation Review, 12(4), 168-178

This article considers issues around the evidential value of final infringement decisions of national regulators and review courts for the purposes of follow-on damages actions, particularly in the context of Article 9(1) of the EU’s Antitrust Damage... Read More about The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on".

Research-based clinical legal education: a contradiction in terms or a win-win? Lessons from a UK pilot study. (2019)
Journal Article
Whitehouse, L. (in press). Research-based clinical legal education: a contradiction in terms or a win-win? Lessons from a UK pilot study. International journal of clinical legal education, 27(1), 137-170. https://doi.org/10.19164/ijcle.v27i1.853

This article provides an account of a project (funded by the Ferens Education Trust) which is designed to enhance clinical legal education (CLE) provision within my own institution, develop networks with local stakeholders, promote civic engagement,... Read More about Research-based clinical legal education: a contradiction in terms or a win-win? Lessons from a UK pilot study..

The uneasy case for parsimony in (law and) economics: conceptual, empirical and normative arguments (2019)
Journal Article
Cserne, P. (2019). The uneasy case for parsimony in (law and) economics: conceptual, empirical and normative arguments. Global jurist, 19(3), https://doi.org/10.1515/gj-2019-0001

Taking Guido Calabresi’s discussion of preferences and value judgements in The Future of Law and Economics as a starting point, this paper analyses some conceptual difficulties, epistemic benefits and normative uses of parsimonious economic analyses... Read More about The uneasy case for parsimony in (law and) economics: conceptual, empirical and normative arguments.