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All Outputs (25)

State Immunity in Jurisprudence of Czech Courts (2014)
Journal Article
Van der Ploeg, K. P. (2014). State Immunity in Jurisprudence of Czech Courts. Czech Yearbook of International Law, 5, 421-450

Th is paper discusses the understanding and application of the doctrine of State immunity in the courts of the Czech Republic. In 2008, the Czech Supreme Court reversed its previous conceptualization of State immunity as absolute and introduced a res... Read More about State Immunity in Jurisprudence of Czech Courts.

Understanding and protecting vulnerable financial consumers (2014)
Journal Article
Cartwright, P. (2015). Understanding and protecting vulnerable financial consumers. Journal of Consumer Policy, 38(2), https://doi.org/10.1007/s10603-014-9278-9

This article considers how consumer protection law and policy should address the interests of particularly vulnerable financial consumers. Specifically, the article proposes a taxonomy of vulnerability which helps to identify (a) what makes consumers... Read More about Understanding and protecting vulnerable financial consumers.

Reforming the Deprivation of Liberty Safeguards (DOLS): what is it exactly that we want? (2014)
Journal Article
Bartlett, P. (2014). Reforming the Deprivation of Liberty Safeguards (DOLS): what is it exactly that we want?

The Deprivation of Liberty Safeguards (DOLS) are the rules by which people who lack mental capacity can be deprived of liberty, most commonly in care homes or hospitals but also in supported accommodation and in the community more broadly. The prese... Read More about Reforming the Deprivation of Liberty Safeguards (DOLS): what is it exactly that we want?.

Peacekeeping, private security and international human rights law: a review of UN policies (2014)
Journal Article
White, N. D. (2014). Peacekeeping, private security and international human rights law: a review of UN policies. International Community Law Review, 16(4), https://doi.org/10.1163/18719732-12341289

The un is used to ‘outsourcing’ or ‘contracting out’ its peacekeeping functions but, traditionally, this has been to states willing to contribute troops to an operation under overall un command and control. This model itself has created tensions betw... Read More about Peacekeeping, private security and international human rights law: a review of UN policies.

Comparative and normative analysis of damages under the SGA and the CESL (2014)
Journal Article
Beheshti, R. (2014). Comparative and normative analysis of damages under the SGA and the CESL. St. Thomas law review, 26(4),

The Proposal for a Common European Sales Law (CESL) and the Sale of Goods Act 1979 (SGA) have adopted different approaches toward the calculation of damages. Under the SGA, the ‘market price’ rule is preferred over the rule governing ‘making a substi... Read More about Comparative and normative analysis of damages under the SGA and the CESL.

'Do no harm'? Exploring the scope of economic and social rights in transitional justice (2014)
Journal Article
Schmid, E., & Nolan, A. (2014). 'Do no harm'? Exploring the scope of economic and social rights in transitional justice. International Journal of Transitional Justice, 8(3), https://doi.org/10.1093/ijtj/iju015

Increasing numbers of academics and practitioners are employing the language of economic and social rights (ESR) when conceptualizing the aims, scope and implementation mechanisms of transitional justice. Their contributions have added to an evolving... Read More about 'Do no harm'? Exploring the scope of economic and social rights in transitional justice.

Contemporary aspects of the promotion of democracy by the European Court of Human Rights (2014)
Journal Article
Mowbray, A. (2014). Contemporary aspects of the promotion of democracy by the European Court of Human Rights. European Public Law, 20(3),

This article examines the recent jurisprudence of the European Court of Human Rights concerning States obligations in regard to the maintenance and enhancement of democratic political activities within their societies. A selection of leading cases in... Read More about Contemporary aspects of the promotion of democracy by the European Court of Human Rights.

One HACCP, two approaches: experiences with and perceptions of the Hazard Analysis and Critical Control Points (HACCP) food safety management systems in the US and the EU (2014)
Journal Article
Hyde, R., Hoflund, A. B., & Pautz, M. C. (2014). One HACCP, two approaches: experiences with and perceptions of the Hazard Analysis and Critical Control Points (HACCP) food safety management systems in the US and the EU. Administration and Society, 48(8), https://doi.org/10.1177/0095399714548266

This paper explores the differences in the use of the Hazard Analysis Critical Control Point (HACCP) system to manage food safety risks in the food chain from farm to fork in the EU and the US. In particular, this paper investigates the current uses... Read More about One HACCP, two approaches: experiences with and perceptions of the Hazard Analysis and Critical Control Points (HACCP) food safety management systems in the US and the EU.

Exclusion from refugee status: article 1F(c) of the Refugee Convention and the purposes and principles of the United Nations (2014)
Journal Article
Sivakumaran, S. (2014). Exclusion from refugee status: article 1F(c) of the Refugee Convention and the purposes and principles of the United Nations. International Journal of Refugee Law, 26(3), 350-381. doi:10.1093/ijrl/eeu031

Article 1F(c) of the Refugee Convention provides that an individual is to be excluded from the benefits afforded by refugee status if ‘there are serious reasons for considering that ... he has been guilty of acts contrary to the purposes and principl... Read More about Exclusion from refugee status: article 1F(c) of the Refugee Convention and the purposes and principles of the United Nations.

Procedural control and the proper balance between public and private interests in defamation claims (2014)
Journal Article
Hyde, R. (2014). Procedural control and the proper balance between public and private interests in defamation claims. Journal of Media Law, 6(1), https://doi.org/10.5235/17577632.6.1.47

Claims in defamation involve courts in balancing of a number of interests. The Claimant’s interest in their reputation must be balanced with the Defendant’s interest in free expression. The Court’s interest in fair, efficient and proportionate adjudi... Read More about Procedural control and the proper balance between public and private interests in defamation claims.

Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005 (2014)
Journal Article
Bartlett, P. (2014). Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005

The House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005 reported on 13 March 2014. This paper considers the findings and recommendations of the Committee, and in particular its two key recommendations – the establishme... Read More about Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005.

Two steps backward and one step forward: the cautionary tale of Bank Mellat (No 1) (2014)
Journal Article
Sargeant, C. (2014). Two steps backward and one step forward: the cautionary tale of Bank Mellat (No 1). Cambridge Journal of International and Comparative Law, 3(1), 111-123. https://doi.org/10.7574/cjicl.03.01.184

This paper considers the recent decision of the UK Supreme Court in Bank Mellat (No 1). It argues that whilst the initial decision to enter into a CMP was unjustified, the conditions imposed on its use will ultimately mean that the legacy of the deci... Read More about Two steps backward and one step forward: the cautionary tale of Bank Mellat (No 1).

Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland (2014)
Journal Article
Nolan, A. (in press). Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland. International Journal of Constitutional Law, 12(1), https://doi.org/10.1093/icon/mot066

The horizontal application of human rights to non-state actors (NSA) is an evolving and contested legal area both comparatively and at the international level. In light of this, the article discusses mechanisms by which NSA who violate constitutional... Read More about Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland.

Taking wishes and feelings seriously: the views of people lacking capacity in Court of Protection decision-making (2014)
Journal Article
Munro, N. (2014). Taking wishes and feelings seriously: the views of people lacking capacity in Court of Protection decision-making. Journal of Social Welfare and Family Law, 36(1), 59-75. https://doi.org/10.1080/09649069.2014.886878

The Mental Capacity Act requires that where a person (P) lacks capacity to make a decision her wishes and feelings be taken into account when deciding what is in her best interests. This article considers how the Court of Protection evaluates evidenc... Read More about Taking wishes and feelings seriously: the views of people lacking capacity in Court of Protection decision-making.

The end of application of international humanitarian law (2014)
Journal Article
Milanovic, M. (2014). The end of application of international humanitarian law. International Review of the Red Cross, 96(893), https://doi.org/10.1017/S181638311500003X

This article provides a systematic overview of the rules governing the end of application of international humanitarian law, or the law of armed conflict. It articulates the general principle that unless there is a good reason of text, principle or p... Read More about The end of application of international humanitarian law.

Lone wolf terrorism in Norway (2014)
Journal Article
Appleton, C. (2014). Lone wolf terrorism in Norway. International Journal of Human Rights, 18(2), 127-142. doi:10.1080/13642987.2014.889390

Anders Behring Breivik’s massacre of 77 people on 22 July 2011 sheds light once again on the dangers and potential dangers posed by ‘lone wolf’ or lone operator terrorist acts. As demonstrated on 22 July, the lone wolf operational model presents a nu... Read More about Lone wolf terrorism in Norway.