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All Outputs (622)

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.

Threatened species and vulnerable marine ecosystems (2015)
Book Chapter
Goodwin, E. J. (2015). Threatened species and vulnerable marine ecosystems. In D. R. Rothwell, A. G. Oude Elferink, K. N. Scott, & T. Stephens (Eds.), The Oxford handbook of the law of the sea. Oxford University Press

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.

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.

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.

EDA and EU defence procurement integration (2015)
Book Chapter
Georgopoulos, A. (2015). EDA and EU defence procurement integration. In N. Karampekios, & I. Oikonomou (Eds.), The European Defence Agency: arming Europe. Routledge

The chapter reflects upon the ten years since the establishment of the European Defence Agency (EDA) and analyses its role in the process of European integration in the area of defence procurement. The chapter examines the various initiatives underta... Read More about EDA and EU defence procurement integration.

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.

The enemy within: criminal law and ideology in interwar Romania (2015)
Book Chapter
Cercel, C. S. (2015). The enemy within: criminal law and ideology in interwar Romania. In S. Skinner (Ed.), Fascism and criminal law: history, theory, continuity. Hart Publishing

The aim of this chapter is to offer a critical analysis of the uses of criminal law in the context of the royal dictatorship and the rise of fascism in Romania during the 1930s. It explores the effacement of traditional categories of legality entaile... Read More about The enemy within: criminal law and ideology in interwar Romania.

‘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.

Introduction (2015)
Book Chapter
Ghazaryan, N. (2015). Introduction. In K. Markus (Ed.), Services of general interest beyond the single market: external and international law dimensions (1-12). T.M.C. Asser Press. https://doi.org/10.1007/978-94-6265-063-3_1

© T.M.C. ASSER PRESS and the authors 2015. The chapters of this book address the external and international dimensions of the European legal framework for services of general interest which are often overlooked in the debates about public service in... Read More about Introduction.

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.