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All Outputs (17)

Reflections on standing for judicial review in procurement cases (2015)
Journal Article
Bailey, S. H. (2015). Reflections on standing for judicial review in procurement cases. Public Procurement Law Review, 24(4),

The purpose of this article is to consider the case law on the requirement of standing to bring judicial review proceedings to challenge decisions made in the context of public procurement. There are suggestions in this case law that the approach to... Read More about Reflections on standing for judicial review in procurement cases.

The response to whistleblowing by regulators: a practical perspective (2015)
Journal Article
Savage, A., & Hyde, R. (2015). The response to whistleblowing by regulators: a practical perspective. Legal Studies, 35(3), 408-429. https://doi.org/10.1111/lest.12066

The Public Interest Disclosure Act 1998 provides protection for whistleblowers; it does not place statutory obligations on regulators to act in response to whistleblowing concerns. Using Freedom of Information requests as a research methodology, this... Read More about The response to whistleblowing by regulators: a practical perspective.

Rethinking the approach to economic justifications under the EU's free movement rules (2015)
Journal Article
Arrowsmith, S. (2015). Rethinking the approach to economic justifications under the EU's free movement rules. Current Legal Problems, 68(1), 307–365. https://doi.org/10.1093/clp/cuv011

The ECJ has frequently stated that it is a general rule that “economic” aims are precluded as justifications for restrictions on free movement. This on its face suggests that free movement always and automatically trumps national economic interests.... Read More about Rethinking the approach to economic justifications under the EU's free movement rules.

Witness Preparation in the ICC: An Opportunity for Principled Pragmatism (2015)
Journal Article
Jackson, J. D., & Brunger, Y. M. (2015). Witness Preparation in the ICC: An Opportunity for Principled Pragmatism. Journal of International Criminal Justice, 13(3), 601-624. https://doi.org/10.1093/jicj/mqv024

In January 2013, Trial Chamber V of the International Criminal Court (ICC) in the cases of William Ruto and Joshua Sang and of Francis Muthaura and Uhuru Kenyatta, collectively known as the ‘Kenya decisions’, made a marked departure from the firm pro... Read More about Witness Preparation in the ICC: An Opportunity for Principled Pragmatism.

The priority of procedure and the neglect of evidence and proof: facing facts in international criminal law (2015)
Journal Article
Roberts, P. (in press). The priority of procedure and the neglect of evidence and proof: facing facts in international criminal law. Journal of International Criminal Justice, 13(3), https://doi.org/10.1093/jicj/mqv021

This article concerns the role and value of procedural and evidentiary scholarship in the rapidly developing field of International Criminal Law (ICL). It extrapolates and adapts to the international context two, distinct but related, lines of argume... Read More about The priority of procedure and the neglect of evidence and proof: facing facts in international criminal law.

The paradox of dissent: judicial dissent and the projects of international criminal justice (2015)
Journal Article
Mistry, H. (in press). The paradox of dissent: judicial dissent and the projects of international criminal justice. Journal of International Criminal Justice, 13(3), https://doi.org/10.1093/jicj/mqv019

Additional opinions — dissenting opinions, separate opinions, declarations, and permutations thereof — are a familiar, if sometimes controversial, aspect of the international jurisprudential landscape. Given that the controversy provoked by additiona... Read More about The paradox of dissent: judicial dissent and the projects of international criminal justice.

Happy IP: replacing the law and economics justification for intellectual property rights with a well-being approach (2015)
Journal Article
Derclaye, E., & Taylor, T. (2015). Happy IP: replacing the law and economics justification for intellectual property rights with a well-being approach. European Intellectual Property Review, 37(4),

E.I.P.R. 197 The dominant justification for intellectual property rights at least in the West and international treaties is utilitarian, and more precisely based on the Chicago School of Law and Economics (first section). However, this school of thou... Read More about Happy IP: replacing the law and economics justification for intellectual property rights with a well-being approach.

Cui bono? Scope, rationales and consequences of the exemption for development procurement in the revised text of the GPA (2015)
Journal Article
La Chimia, A. (2015). Cui bono? Scope, rationales and consequences of the exemption for development procurement in the revised text of the GPA

This article critically analyses the scope and coverage of the exemption for development procurement introduced in Art II of the revised text of the GPA. It considers the implications of this exemption in terms of coherence and consistency with the G... Read More about Cui bono? Scope, rationales and consequences of the exemption for development procurement in the revised text of the GPA.

Subsidiarity and the European Convention on Human Rights (2015)
Journal Article
Mowbray, A. (2015). Subsidiarity and the European Convention on Human Rights. Human Rights Law Review, 15(2), https://doi.org/10.1093/hrlr/ngv002

Theoretical views on the concept of subsidiarity are examined followed by an analysis of the origins of the principle of subsidiarity within the ECHR. The Court’s utilisation of the principle, as disclosed by the jurisprudence, is studied across thre... Read More about Subsidiarity and the European Convention on Human Rights.

Beyond the search for certainty: addressing the cross-border resolution gap (2015)
Journal Article
Mevorach, I. (2015). Beyond the search for certainty: addressing the cross-border resolution gap. Brooklyn Journal of Corporate, Financial & Commercial Law, 10(1), 183-223

This Article compares the development of cross-border solutions for resolving and reorganizing commercial entities to those solutions available for financial institutions. This Article argues that the resolution regime for financial institutions need... Read More about Beyond the search for certainty: addressing the cross-border resolution gap.

‘One cannot legislate kindness’: ambiguities in European legal instruments on non-custodial sanctions (2015)
Journal Article
Van Zyl Smit, D., Snacken, S., & Hayes, D. J. (2015). ‘One cannot legislate kindness’: ambiguities in European legal instruments on non-custodial sanctions. Punishment and Society, 17(1), 3-26. https://doi.org/10.1177/1462474514560186

Non-custodial sanctions, particularly those that are implemented in the community, have different historical roots in common and civil law jurisdictions. Nevertheless, various European instruments seek to shape the imposition and implementation of su... Read More about ‘One cannot legislate kindness’: ambiguities in European legal instruments on non-custodial sanctions.

Happy IP: aligning intellectual property rights with well-being (2015)
Journal Article
Derclaye, E., & Taylor, T. (2015). Happy IP: aligning intellectual property rights with well-being. Intellectual Property Quarterly, 1,

The Chicago School of the law and economics movement, on which the predominant justification for independent property rights is based in most countries, is flawed mainly because it takes economic wealth as the sole proxy for well-being. We suggest re... Read More about Happy IP: aligning intellectual property rights with well-being.