Skip to main content

Research Repository

Advanced Search

In Search of a Fair Share: Article 112 Norwegian Constitution, International Law and an Emerging Inter-Jurisdictional Discourse in Climate Litigation (2021)
Journal Article
Minnerop, P., & Rostgaard, I. (2021). In Search of a Fair Share: Article 112 Norwegian Constitution, International Law and an Emerging Inter-Jurisdictional Discourse in Climate Litigation. Fordham international law journal, 44(4), 847-922

Climate change is a common sphere where an inter-jurisdictional judicial discourse gradually evolves. Engaging with the reasoning of other courts strengthens controversial judicial pronouncements in a complex area of law and it reduces the risk of be... Read More about In Search of a Fair Share: Article 112 Norwegian Constitution, International Law and an Emerging Inter-Jurisdictional Discourse in Climate Litigation.

The Status of Chinese State-owned Enterprises in International Investment Arbitration: Much Ado about Nothing? (2021)
Journal Article
Du, M. (2021). The Status of Chinese State-owned Enterprises in International Investment Arbitration: Much Ado about Nothing?. Chinese Journal of International Law, 20(4), 785-815. https://doi.org/10.1093/chinesejil/jmab040

Chinese State-owned enterprises (SOEs) play a key role not only in China’ domestic market, but also in implementing the Government of China (GOC)’s ambitious Belt and Road Initiative. Accordingly, Chinese SOEs have increasingly fallen back on investo... Read More about The Status of Chinese State-owned Enterprises in International Investment Arbitration: Much Ado about Nothing?.

The Advance Interference-Like Effect of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court (2021)
Journal Article
Minnerop, P. (2022). The Advance Interference-Like Effect of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court. Journal of Environmental Law, 34(1), 135-162. https://doi.org/10.1093/jel/eqab041

Some climate lawsuits qualify as landmark cases, because they either mark an unexpected turning point in environmental jurisprudence, or they introduce a new conceptual analysis of the law vis-à-vis the global challenge of climate change. The decisio... Read More about The Advance Interference-Like Effect of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court.

The Excessive Regulation of Early Abortion Medication in the United Kingdom: The Case for Reform (2021)
Journal Article
Romanis, E. C., Mullock, A., & Parsons, J. A. (2022). The Excessive Regulation of Early Abortion Medication in the United Kingdom: The Case for Reform. Medical Law Review, 30(1), 4-32. https://doi.org/10.1093/medlaw/fwab042

Early medical abortion (EMA) involves the administration of two medications—mifepristone and misoprostol—24–48 hours apart. These routinely used medications are recognised as safe and effective by the World Health Organization which recommends this c... Read More about The Excessive Regulation of Early Abortion Medication in the United Kingdom: The Case for Reform.

Three Decades of the Nakajima Doctrine in EU Law: Where Are We Now? (2021)
Journal Article
Stoyanov, K. (2021). Three Decades of the Nakajima Doctrine in EU Law: Where Are We Now?. Journal of International Economic Law, 24(4), 724-737. https://doi.org/10.1093/jiel/jgab042

Under the Nakajima doctrine, the Court of Justice of the European Union (CJEU) can review the legality of a European Union (EU) measure in the light of the World Trade Organization (WTO) agreements if the EU legislature intended to implement a partic... Read More about Three Decades of the Nakajima Doctrine in EU Law: Where Are We Now?.

Ethical advice in paediatric care (2021)
Journal Article
Brierley, J., Cave, E., & Archard, D. (2022). Ethical advice in paediatric care. Archives of Disease in Childhood, 107, Article e18. https://doi.org/10.1136/archdischild-2021-322671

The need for local ethics advice during the COVID-19 pandemic has put a spotlight on Clinical Ethics Committees (CECs) and services. In this review, we focus on paediatric CECs which raise both generic questions and specific issues. In doing this, we... Read More about Ethical advice in paediatric care.

Clinical ethics support services during the COVID-19 pandemic in the UK: a cross-sectional survey (2021)
Journal Article
Dittborn, M., Cave, E., & Archard, D. (2022). Clinical ethics support services during the COVID-19 pandemic in the UK: a cross-sectional survey. Journal of Medical Ethics, 48(10), 695-701. https://doi.org/10.1136/medethics-2021-107818

Background: The COVID-19 pandemic highlighted the need for clinical ethics support provision to ensure as far as possible fair decision-making and to address healthcare workers’ moral distress. Purpose: To describe the availability, characteristics a... Read More about Clinical ethics support services during the COVID-19 pandemic in the UK: a cross-sectional survey.

The case for telemedical early medical abortion in England: dispelling adult safeguarding concerns (2021)
Journal Article
Parsons, J. A., & Romanis, E. C. (2022). The case for telemedical early medical abortion in England: dispelling adult safeguarding concerns. Health Care Analysis, 30(1), 73-96. https://doi.org/10.1007/s10728-021-00439-9

Access to abortion care has been hugely affected by the COVID-19 pandemic. This has prompted several governments to permit the use of telemedicine for fully remote care pathways, thereby ensuring pregnant people are still able to access services. One... Read More about The case for telemedical early medical abortion in England: dispelling adult safeguarding concerns.

The Medicalisation of Childbirth and Access to Homebirth in the UK: COVID-19 and Beyond (2021)
Journal Article
Nelson, A., & Romanis, E. C. (2021). The Medicalisation of Childbirth and Access to Homebirth in the UK: COVID-19 and Beyond. Medical Law Review, 29(4), 661-687. https://doi.org/10.1093/medlaw/fwab040

In this article, we explore how the law has perpetuated the medicalisation of childbirth, and outline why this may limit the ability of birthing persons to access and opt for homebirth. We argue that this is inherently problematic because it restrict... Read More about The Medicalisation of Childbirth and Access to Homebirth in the UK: COVID-19 and Beyond.

Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue (2021)
Journal Article
Van Leeuwen, B. (2021). Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue. European law review, 46(5), 625-646

This paper characterises and analyses free movement law as an exercise in legal empathy. Negative integration in the internal market is based on and facilitated by differences in national laws, which are explored through the free movement provisions.... Read More about Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue.

Disadvantage, Disagreement, and Disability: Re-evaluating the Continuity Test (2021)
Journal Article
Begon, J. (2021). Disadvantage, Disagreement, and Disability: Re-evaluating the Continuity Test. Critical Review of International Social and Political Philosophy, https://doi.org/10.1080/13698230.2021.1972585

The suggestion that individuals should be considered disadvantaged, and consequently entitled to compensation, only if they consider themselves disadvantaged (Dworkin’s ‘continuity test’) is initially appealing. However, it also faces problems. First... Read More about Disadvantage, Disagreement, and Disability: Re-evaluating the Continuity Test.

On Emad Atiq's Inclusive Anti-positivism (2021)
Journal Article
Woodbury-Smith, K. (2021). On Emad Atiq's Inclusive Anti-positivism. Journal of ethics & social philosophy, 20(2), 211-219. https://doi.org/10.26556/jesp.v20i2.1382

In this discussion of Emad Atiq's article "There are No Easy Counterexamples to Legal Anti-Positivism" I pose three challenges to his construction of an Inclusive Anti-positivism. I firstly argue that, contra Atiq, the moral facts that both ground IA... Read More about On Emad Atiq's Inclusive Anti-positivism.

Safeguarding and Teleconsultation for Abortion (2021)
Journal Article
Romanis, E. C., Parsons, J. A., Salter, I., & Hampton, T. (2021). Safeguarding and Teleconsultation for Abortion. The Lancet, 398(10299), 555-558. https://doi.org/10.1016/s0140-6736%2821%2901062-x

In response to COVID-19 and measures implemented to control virus transmission, some governments adapted abortion law and policy to ensure access to abortion care through telemedicine. In Great Britain, approval orders were issued March 30–31, 2020,... Read More about Safeguarding and Teleconsultation for Abortion.