All Outputs (250)

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.

Environmental and Planning Law (2011)
Book Chapter
Barnes, R. (2011). Environmental and Planning Law. United Kingdom Oil and Gas Law (1277 - 1324). London: Sweet and Maxwell

A detailed overwiew of the planning and environmental law aspects of offshore oil and gas exploration and operation.

Restorative justice: ideas, values, debates (2011)
Book
Johnstone, G. (2011). Restorative justice: ideas, values, debates. (2nd). Routledge

Restorative justice is one of the most talked about developments in the field of crime and justice. Its advocates and practitioners argue that state punishment, society's customary response to crime, neither meets the needs of crime victims nor preve... Read More about Restorative justice: ideas, values, debates.

Commerciality and the construction of commercial contracts. Some observations on the use of legal reasoning (2011)
Book Chapter
Barnes, R. (2011). Commerciality and the construction of commercial contracts. Some observations on the use of legal reasoning. In G. Villalta Puig, & C. Twigg-Flesner (Eds.), The Boundaries of Commercial and Trade Law (179 - 204). Munich: Sellier European Law Publishers. https://doi.org/10.1515/9783866539198

Legal and political theory in the post-national age: Selected papers presented at the Second Central and Eastern European Forum for Legal, Political and Social Theorists (Budapest, 21-22 May 2010) (2011)
Book
Cserne, P., & Konczol, M. (2011). Legal and political theory in the post-national age: Selected papers presented at the Second Central and Eastern European Forum for Legal, Political and Social Theorists (Budapest, 21-22 May 2010). Frankfurt: Peter Lang

In the last decades, regional and global integration processes have made the traditional state-centred view of law less and less obvious. Recent discussions revolve around how to conceptually comprehend, critically reflect on and reasonably control t... Read More about Legal and political theory in the post-national age: Selected papers presented at the Second Central and Eastern European Forum for Legal, Political and Social Theorists (Budapest, 21-22 May 2010).

Consequence-based arguments in legal reasoning: a jurisprudential preface to law and economics (2011)
Book Chapter
Cserne, P. (2012). Consequence-based arguments in legal reasoning: a jurisprudential preface to law and economics. Law and Philosophy Library; Efficiency, Sustainability, and Justice to Future Generations (31-54). Springer Verlag. https://doi.org/10.1007/978-94-007-1869-2_2

One of the persistent problems surrounding the discipline of law and economics is the role of economic arguments in legal reasoning. The problem has been extensively discussed in the literature but has not been ultimately solved. The present paper is... Read More about Consequence-based arguments in legal reasoning: a jurisprudential preface to law and economics.

Morality and legality in the use of antiandrogenic pharmacotherapy with sexual offenders (2011)
Book Chapter
(2011). Morality and legality in the use of antiandrogenic pharmacotherapy with sexual offenders. International perspectives on the assessment and treatment of sexual offenders: theory, practice and research (627 - 651). John Wiley & Sons Ltd

This chapter examines the moral and legal dilemmas that may arise when practitioners use anti-androgenic pharmacotherapy with sex offenders. First, it sets out the links between morality and the law and then explores some of the ethical/moral issues... Read More about Morality and legality in the use of antiandrogenic pharmacotherapy with sexual offenders.

Islamic law and the law of armed conflict: The armed conflict in Pakistan (2011)
Book
Shah, N. A. (2011). Islamic law and the law of armed conflict: The armed conflict in Pakistan. Abingdon: Routledge. https://doi.org/10.4324/9780203830772

Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A... Read More about Islamic law and the law of armed conflict: The armed conflict in Pakistan.

Duress (2011)
Book Chapter
Cserne, P. (2011). Duress. Contract Law and Economics (57 - 79). Cheltenham: Edward Elgar

Law as institution (2010)
Book
La Torre, M. (2010). Law as institution. Netherlands: Springer Publishing Company. https://doi.org/10.1007/978-1-4020-6607-8

The book's argument moves from discussing the relation between law and power. Theories defending the primacy of law over power are played against doctrines which center around the prevailing role of law. Legal positivism and natural law are here the... Read More about Law as institution.

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.

Chapter 4 the role and function of structural and cohesion funds and the interaction of the EU regional policy with the internal market policies (2010)
Book Chapter
Bovis, C. (2011). Chapter 4 the role and function of structural and cohesion funds and the interaction of the EU regional policy with the internal market policies. The Role of the Regions in EU Governance (81-108). The University of Hull. https://doi.org/10.1007/978-3-642-11903-3_4

The European Regional policy should contribute to increasing growth, competitiveness and employment by incorporating the Union's priorities for sustainable development as defined at the Lisbon European Council and at the Göteborg European Council. Ar... Read More about Chapter 4 the role and function of structural and cohesion funds and the interaction of the EU regional policy with the internal market policies.

Consolidation and Simplification of UK Consumer Law / report for the Department of Business Innovation and Skills, Consumer and Competition Policy Directorate (2010)
Report
Twigg-Flesner, C., & Canavan, R. (2010). Consolidation and Simplification of UK Consumer Law / report for the Department of Business Innovation and Skills, Consumer and Competition Policy Directorate

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.