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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.

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.

Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum (2019)
Journal Article
Chowdhury, M. J. A., & Saha, N. K. (2019). Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum. Indian Journal of Constitutional Law, 9, 38-61

The recent constitutional trend in divided societies and relatively unstable democracies has seen an increased use of perpetuity clauses as a tool to foster constitutional stability. Propriety and effectiveness of making certain part or parts of c... Read More about Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum.

Mortgage possession at a crossroads: which way should we turn? (2019)
Journal Article
Whitehouse, L. (2019). Mortgage possession at a crossroads: which way should we turn?. Conveyancer and property lawyer, 83(3), 227-249

The unification of the regulation of first and second mortgages in 2016 has raised the question as to the appropriate route for possession claims: is it the Administration of Justice Act 1970 or the Consumer Credit Act 1974? In making the case for th... Read More about Mortgage possession at a crossroads: which way should we turn?.

Conceptualising ‘style’ in legal scholarship: the curious case of Zweigert’s 'style doctrine' (2019)
Journal Article
Cserne, P. (2019). Conceptualising ‘style’ in legal scholarship: the curious case of Zweigert’s 'style doctrine'. International journal of law in context, 15(3), 297-309. https://doi.org/10.1017/S1744552319000296

This paper focuses on the German legal scholar Konrad Zweigert’s (1911–96) deceptively simple and notoriously vague use of the term “style” in comparative legal scholarship.

Improving procedural fairness in housing possession cases (2019)
Journal Article
Whitehouse, L., Bright, S., & Dhami, M. (2019). Improving procedural fairness in housing possession cases. Civil justice quarterly, 38(3), 351-375

This article offers an insight into the context and practice of housing possession hearings in which a social landlord seeks a possession order against a tenant who is in rent arrears. Drawing on the findings of the authors’ empirical research supple... Read More about Improving procedural fairness in housing possession cases.

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.

Tacticians, stewards and professionals: The politics of publishing select committee legal advice (2019)
Journal Article
Yong, B., Davies, G., & Leston-Bandeira, C. (in press). Tacticians, stewards and professionals: The politics of publishing select committee legal advice. Journal of Law and Society, Forthcoming, https://doi.org/10.1111/jols.12153

At Westminster, there are increasing pressures on select committees to publish in-house legal advice. We suggest that examining the process of deciding to publish gives us useful insights into the provision, reception and use of legal advice, and the... Read More about Tacticians, stewards and professionals: The politics of publishing select committee legal advice.

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.

German Constitutional Law in the UK Supreme Court (2019)
Journal Article
Künnecke, M. (2019). German Constitutional Law in the UK Supreme Court. Liverpool Law Review, 40(1), 31–47. https://doi.org/10.1007/s10991-019-09221-3

The outgoing tide of EU law will be Britain’s most significant constitutional change in recent times. In an era of uncertainties, the UK Supreme Court proved to be a guardian of the constitutional role of Parliament. The case of Miller, decided in th... Read More about German Constitutional Law in the UK Supreme Court.

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.

Principles for fisheries management in areas beyond national jurisdiction—the essential role of incentive-based approaches (2018)
Report
Anderson, J., Asche, F., Barnes, R., Bush, S., Gentner, B., Hufflett, C., …Wachowicz, K. (2018). Principles for fisheries management in areas beyond national jurisdiction—the essential role of incentive-based approaches. Washington, DC: World Wildlife Fund

This publication was prepared under the auspices of a multidisciplinary Global Think Tank (GloTT) for the World Bank’s Ocean Partnerships for Sustainable Fisheries and Biodiversity Conservation: Models for Innovation and Reform (OPP). The World Bank’... Read More about Principles for fisheries management in areas beyond national jurisdiction—the essential role of incentive-based approaches.

“I am talking about it because I want to stop it”: child sexual abuse and sexual violence against women in British South Asian communities (2018)
Journal Article
Gill, A. K., & Harrison, K. (2019). “I am talking about it because I want to stop it”: child sexual abuse and sexual violence against women in British South Asian communities. The British journal of criminology, 59(3), 511–529. https://doi.org/10.1093/bjc/azy059

This paper explores the role of socio-cultural factors in violence against women and girls, focusing on child sexual abuse (CSA) and sexual violence (SV) in British South Asian communities. Using examples from thirteen in-depth interviews with surviv... Read More about “I am talking about it because I want to stop it”: child sexual abuse and sexual violence against women in British South Asian communities.

Systemic risk in major public contracts (2018)
Journal Article
Bloomfield, K., Williams, T., Bovis, C., & Merali, Y. (2019). Systemic risk in major public contracts. International Journal of Forecasting, 35(2), 667-676. https://doi.org/10.1016/j.ijforecast.2018.10.005

This paper presents a novel approach to the characterisation of “systemic risk” in the context of public sector procurement and contracting. We argue that contemporary risk management practices in project and programme management exhibit a number of... Read More about Systemic risk in major public contracts.