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All Outputs (30)

Prefiguring Feminist Constitutions: An Experimental Legal Writing Method for Northern/Ireland? (2025)
Journal Article
Enright, M., O’Donoghue, A., & O’Rourke, C. (in press). Prefiguring Feminist Constitutions: An Experimental Legal Writing Method for Northern/Ireland?. International Journal of Constitutional Law,

What use is prefigurative legality to feminist constitutionalism? Because feminist legal studies aim to improve law for women through, inter alia, practical intervention in existing constitutional orders,2 much feminist constitutional scholarship is... Read More about Prefiguring Feminist Constitutions: An Experimental Legal Writing Method for Northern/Ireland?.

Apathy, Aphasia, and Athambia: Teaching Jamestown and Parodying the History of International Law (2024)
Book Chapter
Jones, H., & O'Donoghue, A. (2024). Apathy, Aphasia, and Athambia: Teaching Jamestown and Parodying the History of International Law. In J.-P. Gauci, & B. Sander (Eds.), Teaching International Law: Reflections on Pedagogical Practice in Context (17-30). Routledge. https://doi.org/10.4324/9781003429265-3

In 2019, the Journal of the History of International Law published an article on the 1622 Jamestown Massacre. This article fell short of every standard of academic publishing, in particular three grounds on which the Committee on Publication Ethics (... Read More about Apathy, Aphasia, and Athambia: Teaching Jamestown and Parodying the History of International Law.

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.

Can Global Constitutionalism be Feminist? (2019)
Book Chapter
O'Donoghue, A., & Houghton, R. (2019). Can Global Constitutionalism be Feminist?. In S. Harris Rimmer, & K. Ogg (Eds.), Research handbook on feminist engagement with international law (81-102). Edward Elgar Publishing

‘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.

Policy Paper: The Common Travel Area: Prospects After Brexit (2017)
Preprint / Working Paper
O'Donoghue, A., Murray, C., Warwick, B., & de Mars, S. Policy Paper: The Common Travel Area: Prospects After Brexit

Maintaining the Common Travel Area that has existed between the UK, Ireland, the Channel Islands, and the Isle of Man has been set down by the UK Prime Minister as one of her government’s 12 key negotiating objectives. In this note, some of the funct... Read More about Policy Paper: The Common Travel Area: Prospects After Brexit.

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.

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

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.