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All Outputs (249)

Assessing the application of innovative incentive-based tools to reform highly migratory fisheries from regional to global scale (2018)
Report
Barnes, R. (2018). Assessing the application of innovative incentive-based tools to reform highly migratory fisheries from regional to global scale. Washington, DC: WWF/FAO

This report provides an assessment of the past performance and future outlook of innovative, incentive-based tools to reform highly migratory and transboundary fisheries at regional and global scales. This review seeks to identify legal, financial, a... Read More about Assessing the application of innovative incentive-based tools to reform highly migratory fisheries from regional to global scale.

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

Defining Terrorism in Pakistani Anti-Terrorism Law (2018)
Journal Article
Iqbal, K., & Shah, N. A. (2018). Defining Terrorism in Pakistani Anti-Terrorism Law. Global journal of comparative law, 7(2), 272-302. https://doi.org/10.1163/2211906X-00702003

We critically examine the definition of ‘terrorism’ in the Anti-Terrorism 1997 of Pakistan and as it is interpreted by the Supreme Court of Pakistan under the principle of legality in criminal and human rights law standards. We conclude that the defi... Read More about Defining Terrorism in Pakistani Anti-Terrorism Law.

Article 158(3) of the Hong Kong Basic Law and the Preliminary Reference Procedure of the European Union (2018)
Journal Article
Jiang, P., & Villalta Puig, G. (2018). Article 158(3) of the Hong Kong Basic Law and the Preliminary Reference Procedure of the European Union. Chicago journal of international law, 19(1), 1-29

This Article analyses the preliminary reference procedure under Article 158(3) of the Hong Kong Basic Law and its transplantation from Article 267 of the Treaty on the Functioning of the European Union. Preliminary reference procedures require courts... Read More about Article 158(3) of the Hong Kong Basic Law and the Preliminary Reference Procedure of the European Union.

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.

Not ‘us’ and ‘them’: towards a normative legal theory of mental health vulnerability (2018)
Journal Article
Bielby, P. (2019). Not ‘us’ and ‘them’: towards a normative legal theory of mental health vulnerability. International journal of law in context, 15(1), 51-67. https://doi.org/10.1017/S1744552318000149

In this article, I develop the basis of a normative legal theory of mental health vulnerability. In Section 1, I conceptualise mental health vulnerability by integrating a universal understanding of vulnerability with a subjective-evaluative, psychos... Read More about Not ‘us’ and ‘them’: towards a normative legal theory of mental health vulnerability.

Do constructive trusts deter disloyalty? (2018)
Journal Article
Hicks, A. D. (2018). Do constructive trusts deter disloyalty?. Northern Ireland Legal Quarterly, 69(2), 147-173

Constructive trusts of disloyal fiduciary gain often are justified by the argument of deterrence. For there to be effective deterrence two conditions must be satisfied: first, potentially disloyal fiduciaries must be sufficiently informed, directly o... Read More about Do constructive trusts deter disloyalty?.

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

Drivers and difficulties in the economic relationship between Australia and the European Union: from conflict to cooperation (2018)
Journal Article
Villalta Puig, G. (2018). Drivers and difficulties in the economic relationship between Australia and the European Union: from conflict to cooperation. Australian journal of international affairs : the journal of the Australian Institute of International Affairs, 72(3), 240-254. https://doi.org/10.1080/10357718.2018.1453479

Economic relations between Australia and the European Union (EU) have always been strong, but they have not always been easy. They have been difficult for Australia because it associated the EU with the loss of the UK preferential export market on it... Read More about Drivers and difficulties in the economic relationship between Australia and the European Union: from conflict to cooperation.

Judicial Resource Book on Violence Against Women for Asia : Combating Violence against Women and Girls for Cambodia, India, Pakistan and Thailand (2018)
Book
Shah, N. (2018). Judicial Resource Book on Violence Against Women for Asia : Combating Violence against Women and Girls for Cambodia, India, Pakistan and Thailand. London: Commonwealth Secretariat. https://doi.org/10.14217/58032f52-en

This resource book aims both to deepen understanding of the varying forms of VAWG and to raise awareness of the important role that the judiciary can play in tackling them. It is designed to be used by judicial offcers and other professionals as a pr... Read More about Judicial Resource Book on Violence Against Women for Asia : Combating Violence against Women and Girls for Cambodia, India, Pakistan and Thailand.

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?.

Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan (2017)
Journal Article
Iqbāl, K. A., & Shah, N. (2017). Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan. Australian journal of Asian law, 18(1),

The article explores the relationship between civil disputes and private crimes in two districts of Khyber Pakhtunkhwa, which is a hard hit area by terrorism and the war on terror. This article investigates if and why civil injustice may lead people... Read More about Civil disputes leading to crimes: A baseline study of terrorism affected North Western Pakistan.

Overseeing criminal justice: The supervisory role of the public prosecution service in China (2017)
Journal Article
Mou, Y. (2017). Overseeing criminal justice: The supervisory role of the public prosecution service in China. Journal of Law and Society, 44(4), 620-645. https://doi.org/10.1111/jols.12060

© 2017 The Author. Journal of Law and Society and 2017 Cardiff University Law School. The Chinese public prosecution service, the procuracy, is modelled on the Soviet Union system and has been accorded the controversial function of supervising other... Read More about Overseeing criminal justice: The supervisory role of the public prosecution service in China.

Trans people and the Church of England: disadvantage and microaggressions (2017)
Journal Article
Clucas, R. (2017). Trans people and the Church of England: disadvantage and microaggressions. Modern believing, 58(4), 321-342. https://doi.org/10.3828/mb.2017.22

In this article, I discuss the situation of trans people within the Church of England. I outline instances of legal and institutional discrimination in the following situations: the Equality Act 2010 in the context of employment, promotion and traini... Read More about Trans people and the Church of England: disadvantage and microaggressions.