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All Outputs (621)

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.

Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law (2022)
Journal Article
Bartlett, P. (2023). Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law. Modern Law Review, 86(3), 659-700. https://doi.org/10.1111/1468-2230.12774

It is now more than a quarter of a century since the Law Commission completed its ground-breaking report on mental capacity, a report that became the Mental Capacity Act 2005. Since that time, there have been fundamental changes in the legal, social,... Read More about Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law.

‘Turning the Rights Lens Inwards’: The Case for Child Rights-Consistent Strategic Litigation Practice (2022)
Journal Article
Nolan, A., & Skelton, A. (2022). ‘Turning the Rights Lens Inwards’: The Case for Child Rights-Consistent Strategic Litigation Practice. Human Rights Law Review, 22(4), Article ngac026. https://doi.org/10.1093/hrlr/ngac026

The last three decades have seen an explosion of academic, advocacy and policy-maker interest in both the theory and the practice of children's rights. There is a growing global body of strategic litigation focused on the advancement of those rights... Read More about ‘Turning the Rights Lens Inwards’: The Case for Child Rights-Consistent Strategic Litigation Practice.

Advancing Child Rights-Consistent Strategic Litigation Practice (2022)
Report
Nolan, A., Skelton, A., & Ozah, K. (2022). Advancing Child Rights-Consistent Strategic Litigation Practice. London: Advancing Child Rights Strategic Litigation project

This report approaches child rights under the UN Convention on the Rights of Child as a framework to inform and assess the inputs, outputs, processes and outcomes of child rights strategic litigation (CRSL), in line with the view that children’s righ... Read More about Advancing Child Rights-Consistent Strategic Litigation Practice.

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.

The requirement of 'power to dispose' in the Cape Town Convention and its protocols (2022)
Journal Article
Saidova, S. (2022). The requirement of 'power to dispose' in the Cape Town Convention and its protocols. Uniform Law Review, 27(2), 282–302. https://doi.org/10.1093/ulr/unac021

The concept of an 'international interest' is central to the Cape Town Convention on International Interests in Mobile Equipment. Once an international interest is created, it can be registered in the International Registry, established under the Con... Read More about The requirement of 'power to dispose' in the Cape Town Convention and its protocols.

Reparations for Slavery in International Law: Transatlantic Enslavement, the Maangamizi, and the Making of International Law (2022)
Book
Schwarz, K. (2022). Reparations for Slavery in International Law: Transatlantic Enslavement, the Maangamizi, and the Making of International Law. New York: Oxford University Press. https://doi.org/10.1093/oso/9780197636398.001.0001

Reparations for Slavery in International Law examines the case for contemporary redress for the harms and legacies of transatlantic enslavement from a legal perspective. It critically evaluates the history of transatlantic enslavement and the evoluti... Read More about Reparations for Slavery in International Law: Transatlantic Enslavement, the Maangamizi, and the Making of International Law.

Judicial Independence and Countering Terrorism in the UK (2022)
Book Chapter
Jackson, J. (2022). Judicial Independence and Countering Terrorism in the UK. In D. Giannoulopoulos, & Y. McDermott (Eds.), Judicial Independence Under Threat. Oxford University Press

This chapter examines the challenges to judicial independence posed by measures that depart from normal standards of justice in countering terrorism with particular reference to the UK. Two particular contexts will be examined: the Irish ‘troubles’... Read More about Judicial Independence and Countering Terrorism in the UK.

The protection of cultural heritage by copyright and related rights (2022)
Book Chapter
Torremans, P. (2022). The protection of cultural heritage by copyright and related rights. In Research Handbook on Intellectual Property and Cultural Heritage (37-54). Edward Elgar Publishing

The chapter looks at the ways in which copyright and related rights can protect cultural heritage.

Sui generis database protection 2.0: judicial and legislative reforms (2022)
Journal Article
Derclaye, E., & Husovec, M. (2022). Sui generis database protection 2.0: judicial and legislative reforms. European Intellectual Property Review, 44(6), 323-331

The Database Directive confers investment protection (so-called sui generis database protection) on makers of some types of databases. It represents a unique top-down policy experiment of the EU legislature with little national precedent prior to its... Read More about Sui generis database protection 2.0: judicial and legislative reforms.

AI and the Crisis of the Self Protecting Human Dignity as Status and Respectful Treatment (2022)
Book Chapter
Ulgen, O. (2022). AI and the Crisis of the Self Protecting Human Dignity as Status and Respectful Treatment. In A. J. Hampton, & J. A. DeFalco (Eds.), Law and Moral Philosophy to Center Human Dignity as an Indicator of Ethical AI: Concerns, Cultural Touchpoints, Paths Forward. Routledge

Human dignity as a universal moral value has not previously been explored as an important indicator of whether AI is ethically designed, developed, and deployed. Drawing on law and moral philosophy, this chapter develops a legal-philosophical concept... Read More about AI and the Crisis of the Self Protecting Human Dignity as Status and Respectful Treatment.

Children's Rights (2022)
Book Chapter
Nolan, A. (2022). Children's Rights. In D. Moeckli, S. Shah, S. Sivakumaran, & D. Harris (Eds.), International Human Rights Law (339-358). (Fourth Edition). Oxford University Press (OUP)

The last 30 years have seen the emergence of children as a discrete—and increasing—focus of international human rights law attention. Centring on the Convention on the Rights of the Child (CRC) and the work of its treaty-monitoring body, the UN Commi... Read More about Children's Rights.

Robojournalism – A Copyright Study on the Use of Artificial Intelligence in the European News Industry (2022)
Journal Article
Trapova, A., & Mezei, P. (2022). Robojournalism – A Copyright Study on the Use of Artificial Intelligence in the European News Industry. GRUR International, 71(7), 589-602. https://doi.org/10.1093/grurint/ikac038

The copyright protectability of outputs generated by, or with the help of Artificial Intelligence (AI) is a hotly debated question in academia and by many institutions. In practice, sophisticated AI algorithms have become a meaningful assistant in th... Read More about Robojournalism – A Copyright Study on the Use of Artificial Intelligence in the European News Industry.

Intellectual Property (2022)
Book Chapter
Torremans, P. (2022). Intellectual Property. In A Guide to Global Private International Law (351-363). Oxford: Hart Publishing

This chapter looks from a global private international law perspective at intellectual property and the role played by the Hague Conference on Private International Law

Flexible Regional Economic Integration in Africa: Lessons and Implications for the Multilateral Trading System (2022)
Book
Masiko, T. (2022). Flexible Regional Economic Integration in Africa: Lessons and Implications for the Multilateral Trading System. Hart Publishing

Regional economic integration efforts in Africa have, over the years, yielded varied results. For the most part, they have not been as successful as hoped, often encountering crippling challenges. These challenges have been as varied as the blocs tha... Read More about Flexible Regional Economic Integration in Africa: Lessons and Implications for the Multilateral Trading System.

The Cosmopolitan “No-Harm” Duty in Warfare: Exposing the Utilitarian Pretence of Universalism (2022)
Journal Article
Ulgen, O. (2022). The Cosmopolitan “No-Harm” Duty in Warfare: Exposing the Utilitarian Pretence of Universalism. Athena : Critical Inquiries in Law, Philosophy and Globalization, 2(1), 116-151. https://doi.org/10.6092/issn.2724-6299/14648

This article demonstrates a priori cosmopolitan values of restraint and harm limitation exist to establish a cosmopolitan “no-harm” duty in warfare, predating utilitarianism and permeating modern international humanitarian law. In doing so, the autho... Read More about The Cosmopolitan “No-Harm” Duty in Warfare: Exposing the Utilitarian Pretence of Universalism.