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The Politics of Avoiding the G-Word (2015)
Book Chapter
Bohlander, M. (2015). The Politics of Avoiding the G-Word. In T. Mkrtchyan, N. Movsesyan, & A. Naghdalyan (Eds.), Against the Crime of Genocide (69-72). Ministry of Foreign Affairs, Republic of Armenia

Enhanced Subsidiarity and a Dialogic Approach - Or Appeasement in Recent Cases on Criminal Justice, Public Order and Counter-Terrorism at Strasbourg Against the UK? (2015)
Book Chapter
Fenwick, H. (2015). Enhanced Subsidiarity and a Dialogic Approach - Or Appeasement in Recent Cases on Criminal Justice, Public Order and Counter-Terrorism at Strasbourg Against the UK?. In K. S. Ziegler, E. Wicks, & L. Hodson (Eds.), The UK and European Human Rights: a strained relationship? (194-213). Hart Publishing

This chapter is written against a back-drop of rising hostility to the ECHR in an increasingly nationalistic Britain which is currently confronting the threat represented by Russian action in Ukraine and the threat of ISIS expansion in Iraq and Syria... Read More about Enhanced Subsidiarity and a Dialogic Approach - Or Appeasement in Recent Cases on Criminal Justice, Public Order and Counter-Terrorism at Strasbourg Against the UK?.

Korsgaard v. Gewirth on Universalization: Why Gewirthians are Kantians and Kantians Ought to be Gewirthians (2015)
Journal Article
Beyleveld, D. (2015). Korsgaard v. Gewirth on Universalization: Why Gewirthians are Kantians and Kantians Ought to be Gewirthians. Journal of Moral Philosophy, 12(5), 573-597. https://doi.org/10.1163/17455243-4681026

Christine Korsgaard claims that Gewirth’s argument for morality fails to demonstrate that there is a categorically binding principle on action because it operates with the assumption that reasons for action are essentially private. This attribution i... Read More about Korsgaard v. Gewirth on Universalization: Why Gewirthians are Kantians and Kantians Ought to be Gewirthians.

Of Higher Intentions and Lower Expectations. A report about a failed survey project on using maqāṣid al-shari‛ah as a means of comparative governance research (2015)
Journal Article
Bohlander, M. (2015). Of Higher Intentions and Lower Expectations. A report about a failed survey project on using maqāṣid al-shari‛ah as a means of comparative governance research. European Journal of Comparative Law and Governance, 2(3), 187-211. https://doi.org/10.1163/22134514-00203001

The author had planned to work on a monograph related to the potential of using the maqāṣid in Islamic jurisprudence, uncoupled from their religious foundations, as a tool for the conversation with secular law and legal thinking, which by and large h... Read More about Of Higher Intentions and Lower Expectations. A report about a failed survey project on using maqāṣid al-shari‛ah as a means of comparative governance research.

Why and How Should We Represent Future Generations in Policymaking? (2015)
Journal Article
Beyleveld, D., Düwell, M., & Spahn, A. (2015). Why and How Should We Represent Future Generations in Policymaking?. Jurisprudence, 6(3), 549-566. https://doi.org/10.1080/20403313.2015.1065642

This paper analyses the main challenges (particularly those deriving from the non-identity problem and epistemic uncertainty concerning the preferences of future persons) to the idea that we should and can represent future generations in our present... Read More about Why and How Should We Represent Future Generations in Policymaking?.

Policy Paper: The Place of Northern Ireland within UK Human Rights Reform (2015)
Working Paper
Murray, C. R., O'Donoghue, A., & Warwick, B. T. (2015). Policy Paper: The Place of Northern Ireland within UK Human Rights Reform

Considerable speculation has surrounded the impact of the Good Friday Agreement’s provisions on human rights upon the Conservative Government’s proposals for repeal of the Human Rights Act 1998. This Policy Paper seeks to demystify this aspect of the... Read More about Policy Paper: The Place of Northern Ireland within UK Human Rights Reform.

The Revival of the Right to Property in India (2015)
Journal Article
Allen, T. (2015). The Revival of the Right to Property in India. Asian Journal of Comparative Law, 10(01), 23-52. https://doi.org/10.1017/asjcl.2015.4

Over the last six decades, the Supreme Court of India has created and re-created a right to property from very weak textual sources, despite constitutional declarations calling for social revolution, numerous amendments to reverse key judgments, and... Read More about The Revival of the Right to Property in India.

Research Participants and the Right to be Informed (2015)
Book Chapter
Beyleveld, D., & Brownsword, R. (2015). Research Participants and the Right to be Informed. In P. R. Ferguson, & G. T. Laurie (Eds.), Inspiring a medico-legal revolution : essays in honour of Sheila McLean (173-188). Routledge

Introducing Autonomy, Consent and the Law,1 Sheila McLean remarks that if the law is ‘to facilitate or protect the capacity of an autonomous person to make an autonomous choice – one that reflects his or her own values – it is necessary to develop st... Read More about Research Participants and the Right to be Informed.

The exercise of governance authority by international organisations: The role of due diligence obligations after conflict (2015)
Book Chapter
O'Donoghue, A. (2015). The exercise of governance authority by international organisations: The role of due diligence obligations after conflict. In M. Saul, & J. Sweeney (Eds.), International law and post-conflict reconstruction policy (45-66). Routledge

International legal scholarship largely ignores due diligence, yet its obligations do subsist. The Alabama Arbitration, the evolution of international economic, human rights and humanitarian law are all concerned with due diligence. During post-confl... Read More about The exercise of governance authority by international organisations: The role of due diligence obligations after conflict.

Paradise postponed? For a judge-led generic model of international criminal procedure and an and to ‘draft-as-you-go’ (2015)
Book Chapter
Bohlander, M. (2015). Paradise postponed? For a judge-led generic model of international criminal procedure and an and to ‘draft-as-you-go’. In M. Ambrus, & R. A. Wessel (Eds.), Netherlands yearbook of international law 2014 : between pragmatism and predictability : temporariness in international law (331-355). T.M.C Asser Press. https://doi.org/10.1007/978-94-6265-060-2_13

Since 1945, international criminal justice has been one continuous construction site, an expression of the attitude of international stakeholders and policy-makers that favours temporary solutions to contemporary problems. Even with the creation of t... Read More about Paradise postponed? For a judge-led generic model of international criminal procedure and an and to ‘draft-as-you-go’.

Constitutionally Questioned: UK Debates, International Law, and Northern Ireland (2015)
Journal Article
O'Donoghue, A., & Warwick, B. T. (2015). Constitutionally Questioned: UK Debates, International Law, and Northern Ireland. Northern Ireland Legal Quarterly, 66(1), 93-104

This comment examines the proposed UK constitutional changes proffered following the no-vote in the Scottish Independence Referendum from an international legal perspective. With a particular focus on the implications for Northern Ireland, this piece... Read More about Constitutionally Questioned: UK Debates, International Law, and Northern Ireland.

Family rights for circular migrants and frontier workers: O and B, and S and G (2015)
Journal Article
Spaventa, E. (2015). Family rights for circular migrants and frontier workers: O and B, and S and G. Common Market Law Review, 52(3), 753-777

The cases annotated here seek to clarify the law in relation to the family rights of own citizens when returning to the Member State of origin (circular migration); or when exercising the rights to free movement in another Member State whilst residin... Read More about Family rights for circular migrants and frontier workers: O and B, and S and G.