India’s status as a nuclear weapons power under customary international law
(2012)
Journal Article
Green, J. A. (2012). India’s status as a nuclear weapons power under customary international law. National Law School of India Review, 24(1), 125-146
All Outputs (17)
Human Dignity in the EU Charter of Fundamental Rights and its Interpretation Before the European Court of Justice (2012)
Journal Article
Jones, J. (2012). Human Dignity in the EU Charter of Fundamental Rights and its Interpretation Before the European Court of Justice. Liverpool Law Review, 33(3), 281-300. https://doi.org/10.1007/s10991-012-9121-9This article argues that the EU Charter's dignity provisions must be given a specific, expansive European meaning that underpins the importance the EU places on fundamental rights protection as a principle EU value. To this end, the article examines... Read More about Human Dignity in the EU Charter of Fundamental Rights and its Interpretation Before the European Court of Justice.
Human Dignity and Socio-Economic Rights (2012)
Journal Article
Grant, E., & Grant, E. (2012). Human Dignity and Socio-Economic Rights. Liverpool Law Review, 33(3), 235-261. https://doi.org/10.1007/s10991-012-9122-8The South African Constitution numbers among a very few constitutions around the world which include justiciable socio-economic rights. One of the controversies surrounding judicial enforcement of such rights is the extent to which it is appropriate... Read More about Human Dignity and Socio-Economic Rights.
Nuisance Law and the Industrial Revolution: A Reinterpretation of Doctrine and Institutional Competence (2012)
Journal Article
Pontin, B. (2012). Nuisance Law and the Industrial Revolution: A Reinterpretation of Doctrine and Institutional Competence. Modern Law Review, 75(6), 1010-1036. https://doi.org/10.1111/j.1468-2230.2012.00935.xContrary to the leading studies of Brenner and McLaren, it is argued that nuisance law was consistently a robust constraint on polluting industrial enterprise during the industrial revolution. The defining nuisances of industrialisation were 'inter-n... Read More about Nuisance Law and the Industrial Revolution: A Reinterpretation of Doctrine and Institutional Competence.
Good verdict, dreadful damages: Intellectual property (2012)
Journal Article
Jooste, C. (2012). Good verdict, dreadful damages: Intellectual property. Without Prejudice, 12(10),
Hero worship? (2012)
Journal Article
Green, J. A. (2012). Hero worship?. New Law Journal, 162(7533), 1284-1285
Treaties/conventions (2012)
Journal Article
Man, A. (2012). Treaties/conventionsTreaties are one of the main sources of public international law as outlined by art.38 of the Statute of the International Court of Justice. Treaties are essentially agreements between States (generally in written form), which cover a myriad of iss... Read More about Treaties/conventions.
Form over function (2012)
Journal Article
Jooste, C. (2012). Form over function. Without Prejudice, 12(8), https://doi.org/10.10520/EJC126680This article is a critical analysis of two recent cases (in the Court of Justice of the European Union and the High Court of England and Wales) addressing the copyright protection of computer programs with a focus on the underlying functionality and... Read More about Form over function.
Book Review: Daniel H. Joyner, Interpreting the Nuclear Non-Proliferation Treaty (2012)
Journal Article
Green, J. A. (2012). Book Review: Daniel H. Joyner, Interpreting the Nuclear Non-Proliferation Treaty. American Journal of International Law, 106(2), 426-431. https://doi.org/10.5305/amerjintelaw.106.2.0426
The revolutionary effect of equality and human rights law on the UK armed forces (2012)
Journal Article
Ball, R. The revolutionary effect of equality and human rights law on the UK armed forces. Manuscript submitted for publicationThe UK armed forces have undergone an incremental transformation through the impact of civilian law since the 1960s. Gerry Rubin in a 2002 article for this journal analysed the impact of this civilian law on Military Law and described a course of civ... Read More about The revolutionary effect of equality and human rights law on the UK armed forces.
Human trafficking in the UK: A focus on children (2012)
Journal Article
Jones, J. (2012). Human trafficking in the UK: A focus on children. Child and Family Law Quarterly, 24(1), 77-94Human trafficking is on the rise. Whether for sexual exploitation or forced labour, women, men and children are being trafficked to and inside the UK. In July 2011 the new UK strategy on human trafficking was published by the Home Office. It promise... Read More about Human trafficking in the UK: A focus on children.
Unacknowledged and unwanted? Environmental refugees in search of legal status (2012)
Journal Article
Hing, N., Razzaque, J., & Höing, N. (2012). Unacknowledged and unwanted? Environmental refugees in search of legal status. Journal of Global Ethics, 8(1), 19-40. https://doi.org/10.1080/17449626.2011.635691Environmental displacement is a global phenomenon affecting millions of people. Due to climate change and the corresponding sea-level rise, it is estimated that about eight million of indigenous people of Pacific Islands will be forced to settle else... Read More about Unacknowledged and unwanted? Environmental refugees in search of legal status.
The EU and Russia energy trade – thickening of legality and solidarity? (2012)
Journal Article
Turksen, U. (2012). The EU and Russia energy trade – thickening of legality and solidarity?. International Energy Law Review, 1,This paper critically examines the evolution of the energy trade and relations between the EU and Russia. In doing so, the authors evaluate whether the existing legal framework of the EU-Russia energy relations provides a reliable energy supply from... Read More about The EU and Russia energy trade – thickening of legality and solidarity?.
Are there lessons to be learned from a more scientific approach to mental condition defences? (2012)
Journal Article
Claydon, L. (2012). Are there lessons to be learned from a more scientific approach to mental condition defences?. International Journal of Law and Psychiatry, 35(2), 88-98. https://doi.org/10.1016/j.ijlp.2011.12.002The timing of the English Law Commission's consideration of reform to the law of insanity coincides with increasing scientific and in particular neuroscientific understanding of the brain. The work of researchers is leading to a greater comprehension... Read More about Are there lessons to be learned from a more scientific approach to mental condition defences?.
Half the bank, half the risk part 2: The United Kingdom (2012)
Journal Article
Hillman, H. (2012). Half the bank, half the risk part 2: The United Kingdom. Business Law Review, 33(1), 2-11This two-part article assesses the 2007/08 financial crisis: explaining how a speculative bubble began, grew and eventually burst; comparing it to the Great Crash of 1929; and assessing the possibility and practicality of a split between commercial a... Read More about Half the bank, half the risk part 2: The United Kingdom.
Human versus inalienable rights: Is there still a future for online protest in the anonymous world? (2012)
Journal Article
Gillen, M. (2012). Human versus inalienable rights: Is there still a future for online protest in the anonymous world?. European Journal of Law and Technology, 3(1),The protection of legitimate political protest is one of the hallmarks of a functional liberal democracy. Certainly, there is increasing legal debate about the parameters of what constitutes legitimate protest and the appropriate scope of police po... Read More about Human versus inalienable rights: Is there still a future for online protest in the anonymous world?.
Zealous Advocates: The historical foundations of the adversarial criminal defence lawyer (2012)
Journal Article
Smith, T. (2012). Zealous Advocates: The historical foundations of the adversarial criminal defence lawyer. Law, Crime and History, 2(1), 1-20The place of the criminal defence lawyer in the modern criminal justice system is a given; everysuspect and defendant expects full representation as a right. However, the defence lawyer appeared surprisingly late in the long and venerable history of... Read More about Zealous Advocates: The historical foundations of the adversarial criminal defence lawyer.