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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.

Enriching trial justice for crime victims in common law systems: Lessons from transitional environments (2015)
Journal Article
Doak, J. (2015). Enriching trial justice for crime victims in common law systems: Lessons from transitional environments. International Review of Victimology, 21(2), 139-160. https://doi.org/10.1177/0269758015571469

The role of victims in the criminal trial has been subject to considerable critique in recent years. This article argues that scholarship and policy governing the treatment of victims and witnesses in ‘ordinary’ criminal trials within ‘settled’ socie... Read More about Enriching trial justice for crime victims in common law systems: Lessons from transitional environments.

Interpretative Authority and the International Judiciary (2015)
Book Chapter
Hernández, G. (2015). Interpretative Authority and the International Judiciary. In A. Bianchi, D. Peat, & M. Windsor (Eds.), Interpretation in international law (166-188). Oxford University Press. https://doi.org/10.1093/acprof%3Aoso/9780198725749.003.0008

Without a clear delineation of their competences, the indeterminacy latent in international law opens up a powerful normative function for international courts with respect to the interpretation and development of international law. This chapter seek... Read More about Interpretative Authority and the International Judiciary.

Towards a Kantian Phenomenology of Hope (2015)
Journal Article
Beyleveld, D., & Ziche, P. (2015). Towards a Kantian Phenomenology of Hope. Ethical Theory and Moral Practice, 18(5), 927-942. https://doi.org/10.1007/s10677-015-9564-x

The aim of this paper is to examine the extent to which Kant’s Critique of the Power of Judgment (CPoJ) can be, or otherwise ought to be, regarded as a transcendental phenomenology of hope. Kant states repeatedly that CPoJ mediates between the first... Read More about Towards a Kantian Phenomenology of Hope.

Redefining the Role of TPIMs in combatting "Home-Grown" Terrorism within the Widening Counter-Terror Framework (2015)
Journal Article
Fenwick, H. (2015). Redefining the Role of TPIMs in combatting "Home-Grown" Terrorism within the Widening Counter-Terror Framework. European Human Rights Law Review, 2015(1), 41-56

This article considers the current racheting up of the counter-terror response, triggering a mass of new and proposed counter-terror measures, partly in the Counter-Terrorism Bill 2015, which include strengthening TPIMs, put forward mainly to combat... Read More about Redefining the Role of TPIMs in combatting "Home-Grown" Terrorism within the Widening Counter-Terror Framework.

A very fearful Court? The protection of Fundamental Rights in the European Union after Opinion 2/13 (2015)
Journal Article
Spaventa, E. (2015). A very fearful Court? The protection of Fundamental Rights in the European Union after Opinion 2/13. Maastricht Journal of European and Comparative Law, 22(1), 35-56. https://doi.org/10.1177/1023263x1502200103

In December 2014 the Court of Justice of the European Union found, in Opinion 2/13, that the Draft Agreement for the EU accession to the ECHR was not compatible with the Treaties; unfortunately, some of the grounds relied upon by the Court will be di... Read More about A very fearful Court? The protection of Fundamental Rights in the European Union after Opinion 2/13.

The Pluralization of High Policing: Convergence and Divergence at the Public-Private Interface (2015)
Journal Article
O'Reilly, C. (2015). The Pluralization of High Policing: Convergence and Divergence at the Public-Private Interface. The British Journal of Criminology: An International Review of Crime and Society, 55(4), 688-710. https://doi.org/10.1093/bjc/azu114

High policing has long been associated with the preservation and augmentation of state interests by the intelligence community. However, this paradigm can neither be examined, nor theorized, within an exclusively ‘public’ framework; a host of ‘privat... Read More about The Pluralization of High Policing: Convergence and Divergence at the Public-Private Interface.

A Common Law Resurgence in Rights Protection? (2015)
Journal Article
Masterman, R., & Wheatle, S. (2015). A Common Law Resurgence in Rights Protection?. European Human Rights Law Review, 2015(1), 57-65

Following a period of relative dormancy, the UK Supreme Court has revitalised the notion that the common law might provide effective protection for human rights. In Osborn v Parole Board , Kennedy v Information Commissioner and A v BBC the Supreme Co... Read More about A Common Law Resurgence in Rights Protection?.

Hate crimes in cyber-space (2014)
Journal Article
Fenwick, H. (2014). Hate crimes in cyber-space. Times higher education supplement,