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Outputs (96)

'To Have and To Have Not': The Retention of DNA for Criminal Justice Purposes in New Zealand (2016)
Journal Article
Campbell, L., & Lynch, N. (2016). 'To Have and To Have Not': The Retention of DNA for Criminal Justice Purposes in New Zealand. New Zealand law review, 2016(2), 319-356

The retention of DNA from suspects and convicted offenders has potential societal benefits, including: identification and ruling out of potential suspects; matching to "cold cases"; and deterrence of individuals from crime. Developments in technology... Read More about 'To Have and To Have Not': The Retention of DNA for Criminal Justice Purposes in New Zealand.

"Two-and-a-half Ways of Thinking about the European Union" (2016)
Journal Article
Schütze, R. (2016). "Two-and-a-half Ways of Thinking about the European Union". Politique européenne, 53(3), 28-37. https://doi.org/10.3917/poeu.053.0028

This article argues that the sui generis theory is a ‘negative’ and ‘unhistorical’ theory. It lacks explanatory value for it is based on a conceptual tautology (Hay, 1966, 37): the European Union is… . what it is; and it is not.… what it is not! Seco... Read More about "Two-and-a-half Ways of Thinking about the European Union".

The UK’s five “noes” on EU economic governance (2016)
Journal Article
Schammo, P. (2016). The UK’s five “noes” on EU economic governance. The Company Lawyer, 37(7), 201-202

Outlines the economic governance measures of the special settlement concerning the UK's relationship with the EU if a "remain" vote is delivered in the referendum of 23 June 2016, described in terms of a UK "no" to: (1) discriminatory treatment; (2)... Read More about The UK’s five “noes” on EU economic governance.

The British Bill of Rights Debate: Lessons from Australia (2016)
Journal Article
Williams, A., & Williams, G. (2016). The British Bill of Rights Debate: Lessons from Australia. Public Law, 2016(July), 471-490

Assesses the lessons offered by the Australian Capital Territory's Human Rights Act 2004 and the Victorian Charter of Human Rights and Responsibilities Act 2006 for the possible development of a British Bill of Rights to replace the Human Rights Act... Read More about The British Bill of Rights Debate: Lessons from Australia.

Morality in Intellectual Property Law: A Concept-Theoretic Framework (2016)
Journal Article
Adcock, M., & Beyleveld, D. (2016). Morality in Intellectual Property Law: A Concept-Theoretic Framework. Intellectual property rights. Open access, 4(1), Article 154. https://doi.org/10.4172/2375-4516.1000154

This paper presents a ‘concept-theoretic’ position on the relationship between law and morality in any legal system that includes respect for human rights as a fundamental principle of the legal validity of its rules. With European Union law (EU law)... Read More about Morality in Intellectual Property Law: A Concept-Theoretic Framework.

Lines in the Ocean: Thinking with the sea about territory and international law (2016)
Journal Article
Jones, H. (2016). Lines in the Ocean: Thinking with the sea about territory and international law. London Review of International Law, 4(2), 307-343. https://doi.org/10.1093/lril/lrw012

This article considers how space is constructed, ordered and controlled at sea. Foregrounding the sea in this way raises new questions about the relation between international law, physical space and human mobility.

Same sex unions at the Strasbourg Court in a divided Europe: driving forward reform or protecting the Court’s authority via consensus analysis? (2016)
Journal Article
Fenwick, H. (2016). Same sex unions at the Strasbourg Court in a divided Europe: driving forward reform or protecting the Court’s authority via consensus analysis?. European Human Rights Law Review, 2016(3), 249-272

This article considers the division in Europe on the matter of recognition and protection of same-sex relationships in the form of registered partnerships or marriage, an issue of especial significance at the present time in a number of Council of Eu... Read More about Same sex unions at the Strasbourg Court in a divided Europe: driving forward reform or protecting the Court’s authority via consensus analysis?.