All Outputs (17)

No tyranny for failing Donald Trump – sad! Law, constitutionalism and tyranny in the twenty-first century (2021)
Journal Article
O'Donoghue, A. (2021). No tyranny for failing Donald Trump – sad! Law, constitutionalism and tyranny in the twenty-first century. Northern Ireland Legal Quarterly, 72(AD1), 33-62. https://doi.org/10.53386/nilq.v72iad1.935

Donald Trump’s presidency resulted in several accusations of tyrannical intent. The end of his term of office and particularly the rioting of January 6th, 2021 and the denial of the Presidential election results did little to dispel those accusations... Read More about No tyranny for failing Donald Trump – sad! Law, constitutionalism and tyranny in the twenty-first century.

Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law (2020)
Journal Article
O'Donoghue, A. (2020). Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law. Jus Cogens, 2(1), 29-55. https://doi.org/10.1007/s42439-020-00015-0

Substantive renderings of tyranny, hegemony or anarchy as governance forms within international law seldom appear. When invoked, tyranny and anarchy are presented as exceptional while hegemony, in accounts often borrowed from international relations... Read More about Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law.

Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent (2019)
Journal Article
Murray, C., & O'Donoghue, A. (2019). Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent. Dublin University law journal, 42(1), 147-189

Brexit has energised discussions upon Irish (re)unification, with even Theresa May recognising that the threat of a no-deal Brexit heightens the possibility of the break up of the UK. The increasingly prominent discussion of a so-called “border poll”... Read More about Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent.

"Ourworld": A Feminist Approach to Global Constitutionalism (2019)
Journal Article
Houghton, R., & O'Donoghue, A. (2020). "Ourworld": A Feminist Approach to Global Constitutionalism. Global Constitutionalism, 9(1), 38-75. https://doi.org/10.1017/s2045381719000273

Global constitutionalism offers a utopian picture of the future of international law. Its advocates suggest a governance system is emergent that will fill the gaps in legitimacy, democracy and the rule of law present in international law. Speculation... Read More about "Ourworld": A Feminist Approach to Global Constitutionalism.

‘The admixture of feminine weakness and susceptibility’: Gendered Personifications of the State in International Law (2018)
Journal Article
O'Donoghue, A. (2018). ‘The admixture of feminine weakness and susceptibility’: Gendered Personifications of the State in International Law. Melbourne journal of international law, 19(1), 227-258

19th century international law textbooks were infused with the gendered personification of states. Legal academics, such as Johann Casper Bluntschli, John Westlake, Robert Phillimore and James Lorimer, relied on gendered personification to ascribe at... Read More about ‘The admixture of feminine weakness and susceptibility’: Gendered Personifications of the State in International Law.

A Path Already Travelled in Domestic Orders? From Fragmentation to Constitutionalisation in the Global Legal Order (2017)
Journal Article
O’Donoghue, A., & Murray, C. (2017). A Path Already Travelled in Domestic Orders? From Fragmentation to Constitutionalisation in the Global Legal Order. International Journal of Law in Context, 13(3), 225-252. https://doi.org/10.1017/s1744552317000064

Theories of fragmentation and constitutionalisation have long been presented as antagonistic accounts of the global legal order. Fragmentation theorists posit a non-hierarchical order explained in terms of the relationships between general and specia... Read More about A Path Already Travelled in Domestic Orders? From Fragmentation to Constitutionalisation in the Global Legal Order.

TTIP: The Rise of ‘mega-market’ trade agreements and its potential implications for the Global South (2016)
Journal Article
O’Donoghue, A., & Tzouvala, N. (2016). TTIP: The Rise of ‘mega-market’ trade agreements and its potential implications for the Global South. Trade, law and development, 8(2), 181-209

This article intervenes in the growing academic discussion about the potential impact of currently negotiated trade and investment agreements such as the TTIP, the CETA, and the TPP. To do so, our contribution focuses on the rarely asked question of... Read More about TTIP: The Rise of ‘mega-market’ trade agreements and its potential implications for the Global South.

How Does International Law Condition Responses to Conflict and Negotiation? (2016)
Journal Article
O'Donoghue, A. (2016). How Does International Law Condition Responses to Conflict and Negotiation?. Global Policy, 7(2), 272-277. https://doi.org/10.1111/1758-5899.12335

This article explores the role law plays in defining conflict and its consequences. Two elements of law's categorisations are critical; first law's cataloguing of activities fixing actions into particular classifications and second law's choosing of... Read More about How Does International Law Condition Responses to Conflict and Negotiation?.

Towards Unilateralism? House of Commons Oversight of the Use of Force (2016)
Journal Article
Murray, C., & O'Donoghue, A. (2016). Towards Unilateralism? House of Commons Oversight of the Use of Force. International and Comparative Law Quarterly, 65(02), 305-341. https://doi.org/10.1017/s0020589316000154

Engaging democratically elected assemblies in national decision-making over the extraterritorial use of force seemingly provides a secure check on executive abuses of power. Many liberal democracies therefore maintain constitutional requirements that... Read More about Towards Unilateralism? House of Commons Oversight of the Use of Force.

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.

Good Offices: Grasping the Place of Law in Conflict (2014)
Journal Article
O'Donoghue, A. (2014). Good Offices: Grasping the Place of Law in Conflict. Legal Studies, 34(3), 469-496. https://doi.org/10.1111/lest.12029

In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within inte... Read More about Good Offices: Grasping the Place of Law in Conflict.

International Constitutionalism and the State (2013)
Journal Article
O'Donoghue, A. (2013). International Constitutionalism and the State. International Journal of Constitutional Law, 11(4), 1021-1045. https://doi.org/10.1093/icon/mot048

International constitutionalization presents a challenge to the traditional international legal order and particularly the role of the state. The state is currently in a period of flux within international law. Constitutionalization presents one poss... Read More about International Constitutionalism and the State.

International constitutionalism and the state: A rejoinder to Vlad Perju (2013)
Journal Article
O'Donoghue, A. (2013). International constitutionalism and the state: A rejoinder to Vlad Perju. International Journal of Constitutional Law, 11(4), 1052-1055. https://doi.org/10.1093/icon/mot054

The transplantation of a legal governance form from one order to another is always fraught with difficulty. Perju’s Reply asks critical questions regarding the characterization of future global governance and most particularly the use of constitution... Read More about International constitutionalism and the state: A rejoinder to Vlad Perju.

Alfred Verdross and the Contemporary Constitutionalization Debate (2012)
Journal Article
O'Donoghue, A. (2012). Alfred Verdross and the Contemporary Constitutionalization Debate. Oxford Journal of Legal Studies, 32(4), 799-822. https://doi.org/10.1093/ojls/gqs022

Within international law Verdross is an influential figure. Verdross' examinations of international community, jus cogens and multilateralism are particularly significant and it is from his exploration of these elements of international law that his... Read More about Alfred Verdross and the Contemporary Constitutionalization Debate.

Agents of Change: Academics and the Spirit of Debate at International Conferences (2012)
Journal Article
O'Donoghue, A. (2012). Agents of Change: Academics and the Spirit of Debate at International Conferences. Cambridge journal of international and comparative law, 1(3), 275-297. https://doi.org/10.7574/cjicl.01.03.51

‘Agents of Change', while a flattering moniker for most individuals, carries with it a set of challenges and responsibilities that acted as catalysts over the course of this journal's inaugural Cambridge conference. This article aims to digest and ev... Read More about Agents of Change: Academics and the Spirit of Debate at International Conferences.

Splendid Isolation: International Humanitarian Law, Legal Theory and the International Legal Order (2012)
Journal Article
O'Donoghue, A. (2012). Splendid Isolation: International Humanitarian Law, Legal Theory and the International Legal Order. Yearbook of International Humanitarian Law, 14(1), 107-131. https://doi.org/10.1007/978-90-6704-855-2_4

International humanitarian law (IHL) is one of the oldest and most distinctive sectors of the international legal order. IHL’s historical development has been unique; from one of the original focal points of international law it has since become a hi... Read More about Splendid Isolation: International Humanitarian Law, Legal Theory and the International Legal Order.

Neutrality and Multilateralism after the First World War (2009)
Journal Article
O'Donoghue, A. (2010). Neutrality and Multilateralism after the First World War. Journal of Conflict & Security Law, 15(1), 169-202. https://doi.org/10.1093/jcsl/krp029

Neutrality went through a period of convulsion after the First World War. During the inter-war years a number of commentators argued that the League of Nations and the Kellogg–Briand Pact combined had fundamentally changed the law of the use of force... Read More about Neutrality and Multilateralism after the First World War.