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All Outputs (164)

Implications for legal education and training in a guilty plea environment (2024)
Book Chapter
Kemp, V., & Gibson, C. (in press). Implications for legal education and training in a guilty plea environment. In M. Langer, M. McConville, & L. Marsh (Eds.), Research Handbook on Plea Bargaining and Criminal Justice. Edward Elgar Publishing

This Chapter examines implications for legal education and training of lawyers when working within an environment where clients are under pressure to plead guilty. After first considering the background to plea bargaining, and the increasing pressure... Read More about Implications for legal education and training in a guilty plea environment.

Countermeasures and sanctions (2024)
Book Chapter
White, N. D. (in press). Countermeasures and sanctions. In M. Evans (Ed.), International Law (521-547). Oxford University Press (OUP)

The issue of enforcement by means of non-forcible measures is one of the least developed areas of international law. Two legal regimes are relatively clear—non- forcible countermeasures taken by States (countermeasures) and non-forcible measures take... Read More about Countermeasures and sanctions.

The Security Council and Impartiality in the Peaceful Settlement of Disputes (2023)
Book Chapter
White, N. D. (2023). The Security Council and Impartiality in the Peaceful Settlement of Disputes. In R. Buchan, D. Francini, & N. Tsagourias (Eds.), The Changing Character of International Dispute Settlement: Challenges and Prospects (317-343). Cambridge University Press. https://doi.org/10.1017/9781009076296.018

In this chapter, Nigel White assesses the contribution of the UN’s collective security system to the settlement of international disputes. This chapter tests the assumption that impartial law-based dispute settlement by the Security Council is neithe... Read More about The Security Council and Impartiality in the Peaceful Settlement of Disputes.

Unified Patent Court and International Law (2023)
Book Chapter
Van der Ploeg, K. P. (2023). Unified Patent Court and International Law. In D. Matthews, & P. Torremans (Eds.), European Patent Law: The Unified Patent Court and the European Patent Convention. De Gruyter

Regulation 542/2014 on jurisdiction (2023)
Book Chapter
TORREMANS, P. (2023). Regulation 542/2014 on jurisdiction. In European patent Law: The Unified Patent Court and The European Patent Convention (185-196). De Gruyter

Private international law issues of moral rights (2023)
Book Chapter
Torremans, P. (2023). Private international law issues of moral rights. In Y. Gendreau (Ed.), Research handbook on Intellectual Property and Moral Rights (355-368). Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781789904871.00031

In this chapter I will look at moral rights from a private international law perspective. Rather than look at the scope and exact content of moral rights I will look at issues of jurisdiction and choice of law. It is important to note that from a pri... Read More about Private international law issues of moral rights.

The partitions of India and Palestine and the dawn of majority rule in Africa and Asia (2023)
Book Chapter
Kattan, V. (2023). The partitions of India and Palestine and the dawn of majority rule in Africa and Asia. In V. Kattan, & A. Ranjan (Eds.), The breakup of India and Palestine: The causes and legacies of partition. Manchester University Press

This chapter explains why majority rule remained the basis for the partition of the Indian subcontinent, but was not put into effect in Palestine as the Jewish population only formed a majority in one of Palestine’s subdistricts – the Jaffa subdistri... Read More about The partitions of India and Palestine and the dawn of majority rule in Africa and Asia.

Military Justice and the Punishment of Atrocity Crimes in Afghanistan and Iraq (2023)
Book Chapter
White, N. D. (in press). Military Justice and the Punishment of Atrocity Crimes in Afghanistan and Iraq. In R. Mulgrew, & M. J. Christensen (Eds.), Research Handbook on the Punishment of Atrocity Crimes. Cheltenham, UK: Edward Elgar Publishing

The adjective ‘atrocity’ reflects the uniqueness of atrocity crimes and their separateness from normal criminal conduct. This chapter examines the distinction between ‘ordinary’ crimes and ‘atrocity crimes’ to provide a critical framework for the e... Read More about Military Justice and the Punishment of Atrocity Crimes in Afghanistan and Iraq.

A Child's Journey Through Police Custody And Their Legal Rights (2023)
Book Chapter
Kemp, V., & Carr, N. (2023). A Child's Journey Through Police Custody And Their Legal Rights. In E. Johnston (Ed.), Covid-19 and Criminal Justice: Impact and Legacy in England and Wales (62-89). Taylor & Francis (Routledge). https://doi.org/10.4324/9781003281481-5

In this chapter we explore a child’s journey through police custody and while the intention was to explore the impact of Covid-19 on children’s experiences, we found little differences in practice at the time the fieldwork was conducted. However, thi... Read More about A Child's Journey Through Police Custody And Their Legal Rights.

Douglas v Hello! Ltd (2005) (2023)
Book Chapter
Aplin, T., & Skillen, J. (2023). Douglas v Hello! Ltd (2005). In P. Wragg, & P. Coe (Eds.), Landmark Cases in Privacy Law (207-236). Hart Publishing. https://doi.org/10.5040/9781509940790.ch-010

Douglas v Hello! Ltd (No 3) is, of course, only one of the several decisions spawned during the litigation between the Douglases, OK! magazine and Hello! magazine, nevertheless, we consider it a ‘landmark’ decision in the English landscape of privacy... Read More about Douglas v Hello! Ltd (2005).

Une injonction internationale vis-à-vis d’un fournisseur alternatif de DNS : une option en droit d’auteur et en droit international privé ? (2022)
Book Chapter
Torremans, P. (2022). Une injonction internationale vis-à-vis d’un fournisseur alternatif de DNS : une option en droit d’auteur et en droit international privé ?. In Entre art et technique: les dynamiques du droit, mélanges en l'honneur de Pierre Sirinelli (787-803). Paris: Dalloz

The chapter looks at options to obtain a global injunction against alternative DNS providers.

International Law Through Time: On Change and Facticity of International Law (2022)
Book Chapter
Van der Ploeg, K. P., & Pasquet, L. (2022). International Law Through Time: On Change and Facticity of International Law. In K. Polackova Van der Ploeg, L. Pasquet, & L. Castellanos-Jankiewicz (Eds.), International Law and Time: Narratives and Techniques (313-333). Springer. https://doi.org/10.1007/978-3-031-09465-1_15

International law has proved to be a highly dynamic legal order over time. However, dealing with change in international law is both analytically demanding and possibly normatively unsettling. The term ‘change’ regularly refers to distinct dimensions... Read More about International Law Through Time: On Change and Facticity of International Law.

Jordan and Palestine: union (1950) and secession (1988) (2022)
Book Chapter
Kattan, V. (2022). Jordan and Palestine: union (1950) and secession (1988). In J. Vidmar, S. McGibbon, & L. Raible (Eds.), Research Handbook on Secession (275-292). Edward Elgar Publishing. https://doi.org/10.4337/9781788971751.00028

This chapter revisits the decision by King Hussein of Jordan in 1988 to recognise the right of the Palestinian people to secede from Jordan to establish an independent state in East Jerusalem, the West Bank, and the Gaza Strip. Surprisingly, internat... Read More about Jordan and Palestine: union (1950) and secession (1988).

Human rights indicators and implementation (2022)
Book Chapter
Landman, T., & Schwarz, K. (2022). Human rights indicators and implementation. In R. Murray, & D. Long (Eds.), Research Handbook on Implementation of Human Rights in Practice (309-326). United Kingdom: Edward Elgar Publishing. https://doi.org/10.4337/9781800372283.00026

The last several decades have seen many advances in the development and application of human rights indicators, which has progressed alongside the continued development of international, regional, and national human rights legal frameworks. This chap... Read More about Human rights indicators and implementation.

Bargaining the Rules of Evidence (2022)
Book Chapter
Thomason, M. (in press). Bargaining the Rules of Evidence. In M. Langer, M. McConville, & L. Marsh (Eds.), Research Handbook on Plea Bargaining & Criminal Justice. Edward Elgar Publishing

Plea bargains depend in large part on the available evidence against the defendant. Strictly speaking, these negotiations should be based only on evidence that is likely to be admissible at trial. Bargains therefore implicitly depend on the structure... Read More about Bargaining the Rules of Evidence.