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When is the processing of data from medical implants lawful? The legal grounds for processing health-related personal data from ICT implantable medical devices for treatment purposes under EU data protection law (2022)
Journal Article
Lindstad, S., & Ludvigsen, K. R. (2023). When is the processing of data from medical implants lawful? The legal grounds for processing health-related personal data from ICT implantable medical devices for treatment purposes under EU data protection law. Medical Law Review, 31(3), 317-339. https://doi.org/10.1093/medlaw/fwac038

Medicine is one of the biggest use cases for emerging information technologies. Data processing brings huge advantages but forces lawmakers and practitioners to balance between privacy, autonomy, accessibility, and functionality. ICT-connected Implan... Read More about When is the processing of data from medical implants lawful? The legal grounds for processing health-related personal data from ICT implantable medical devices for treatment purposes under EU data protection law.

E-money and Trusts: A Property Analysis (2022)
Journal Article
Jacques, J. (2022). E-money and Trusts: A Property Analysis. Law Quarterly Review, 138(Oct), 605-623

Discusses the legal issues addressed in Re Ipagoo LLP (In Administration) (CA), on whether customer funds held by electronic money institutions in return for issued electronic money were their absolute property or were held on trust, including the pr... Read More about E-money and Trusts: A Property Analysis.

Should states restrict recipient choice amongst relevant and available COVID-19 vaccines? (2022)
Journal Article
Cave, E., & McMahon, A. (2023). Should states restrict recipient choice amongst relevant and available COVID-19 vaccines?. Medical Law Review, 31(2), 272-292. https://doi.org/10.1093/medlaw/fwac042

Several COVID-19 vaccinations have been authorised worldwide. Whilst some vaccines are contraindicated for certain age groups or health conditions, there are often multiple clinically suitable authorised vaccine brands available. Few states have allo... Read More about Should states restrict recipient choice amongst relevant and available COVID-19 vaccines?.

International Law and the Securitisation of Peacemaking: On Chapter VII, the Security Council and the Mediation Mandate in Yemen (2022)
Journal Article
Turner, C. (2023). International Law and the Securitisation of Peacemaking: On Chapter VII, the Security Council and the Mediation Mandate in Yemen. Journal of Conflict & Security Law, 28(1), 161-186. https://doi.org/10.1093/jcsl/krac031

Peace mediation as a form of peaceful settlement of disputes has evolved significantly in the past 20 years, moving away from an informal process between parties towards a more structured undertaking rooted in norms and values of international law. S... Read More about International Law and the Securitisation of Peacemaking: On Chapter VII, the Security Council and the Mediation Mandate in Yemen.

Involving parents in paediatric clinical ethics committee deliberations: a current controversy (2022)
Journal Article
Brierley, J., Archard, D., & Cave, E. (2023). Involving parents in paediatric clinical ethics committee deliberations: a current controversy. Journal of Medical Ethics, 49(11), 733-736. https://doi.org/10.1136/jme-2022-108460

In cases where the best interests of the child are disputed or finely balanced, Clinical Ethics Committees (CECs) can provide a valuable source of advice to clinicians and Trusts on the pertinent ethical dimensions. Recent judicial cases have critici... Read More about Involving parents in paediatric clinical ethics committee deliberations: a current controversy.

Second Medical Use Patents and Compensation for the Delay in Marketing Authorisations: The Curious Case of Vietnam (2022)
Journal Article
Le, V. A. (2022). Second Medical Use Patents and Compensation for the Delay in Marketing Authorisations: The Curious Case of Vietnam. GRUR International, 71(11), 1048-1055. https://doi.org/10.1093/grurint/ikac095

There has been a concern that developing countries which join new-generation FTAs might jeopardise their population’s access to medicines because those FTAs mandate TRIPS-plus patent standards. This article, however, argues that Vietnam, through its... Read More about Second Medical Use Patents and Compensation for the Delay in Marketing Authorisations: The Curious Case of Vietnam.

On conscientious objection to abortion: Questioning mandatory referral as compromise in the international human rights framework (2022)
Journal Article
Tongue, Z. L. (2022). On conscientious objection to abortion: Questioning mandatory referral as compromise in the international human rights framework. Medical Law International, 22(4), 349-371. https://doi.org/10.1177/09685332221119503

This article explores the approach of international human rights bodies to conscientious objection to abortion, by requiring states to implement mandatory referral mechanisms where conscientious objection is permitted. This, however, represents an in... Read More about On conscientious objection to abortion: Questioning mandatory referral as compromise in the international human rights framework.

“It's Like a Drive by Misogyny”: Sexual Violence at UK Music Festivals (2022)
Journal Article
Bows, H., Day, A., & Dhir, A. (2022). “It's Like a Drive by Misogyny”: Sexual Violence at UK Music Festivals. Violence Against Women, https://doi.org/10.1177/10778012221120443

Despite increasing scholarly and media attention on sexual violence in public spaces, including those associated with the night-time economy and licensed venues, music festivals have been largely absent from research and policy. This paper presents t... Read More about “It's Like a Drive by Misogyny”: Sexual Violence at UK Music Festivals.

Vaccination, conscientious objection and human rights (2022)
Journal Article
Leigh, I. (2023). Vaccination, conscientious objection and human rights. Legal Studies, 43(2), 201-220. https://doi.org/10.1017/lst.2022.27

This paper discusses the extent to which conscientious objections to vaccination qualify for protection under the European Convention on Human Rights (ECHR). Drawing on an examination of the nature of conscience and the ethics of vaccine refusal, it... Read More about Vaccination, conscientious objection and human rights.

On Gestation and Motherhood (2022)
Journal Article
Mahmoud, Z., & Romanis, E. C. (2023). On Gestation and Motherhood. Medical Law Review, 31(1), 109-140. https://doi.org/10.1093/medlaw/fwac030

In English law, legal motherhood is allocated to the person who gestated. However, we argue that gestation—legally denoted as the “natural” source of parenting obligations—is often constructed as mothering, rather than the precursor to it. This means... Read More about On Gestation and Motherhood.

Reproductive rights on the inside: A rapid evidence assessment of women’s experiences of reproductive healthcare and rights while in prison in England and Wales (2022)
Journal Article
Dabrowski, V., & Milne, E. (2023). Reproductive rights on the inside: A rapid evidence assessment of women’s experiences of reproductive healthcare and rights while in prison in England and Wales. Criminology & Criminal Justice, 23(5), 675–693. https://doi.org/10.1177/17488958221117925

Despite academic, policy and charity commissioned research giving considerable attention to the health of imprisoned women, significantly less research has considered the reproductive health and rights of this group. This shortfall is noteworthy sinc... Read More about Reproductive rights on the inside: A rapid evidence assessment of women’s experiences of reproductive healthcare and rights while in prison in England and Wales.

EU Harmonisation of Norms Regulating Detention: Is EU Competence (Art. 82(2)b TFEU) Fit for Purpose? (2022)
Journal Article
Wieczorek, I. (2022). EU Harmonisation of Norms Regulating Detention: Is EU Competence (Art. 82(2)b TFEU) Fit for Purpose?. European Journal on Criminal Policy and Research, 28(3), 465-481. https://doi.org/10.1007/s10610-022-09521-x

The EU has acquired the competence to harmonise individual rights in the field of criminal procedure (Art. 82(2)b TFEU). This was hailed as a positive development helping redress the unbalance towards a too security-oriented development of the Area o... Read More about EU Harmonisation of Norms Regulating Detention: Is EU Competence (Art. 82(2)b TFEU) Fit for Purpose?.

Causality and the fate of climate litigation: The Role of the social Superstructure Narrative (2022)
Journal Article
Otto, F. E., Minnerop, P., Raju, E., Harrington, L. J., Stuart-Smith, R. F., Boyd, E., …Lauta, K. C. (2022). Causality and the fate of climate litigation: The Role of the social Superstructure Narrative. Global Policy, 13(5), 736-750. https://doi.org/10.1111/1758-5899.13113

Climate litigation has become a strategic tool to push for climate justice, including compensation for losses caused by climate change. Many cases rely on the establishment of a causal relationship between the defendants’ emission of greenhouse gases... Read More about Causality and the fate of climate litigation: The Role of the social Superstructure Narrative.

German Idealism after Kant: Nineteenth Century Foundations of International Law (2022)
Journal Article
Schütze, R. (2023). German Idealism after Kant: Nineteenth Century Foundations of International Law. Revue d'histoire du droit international, 25(1), 105-141. https://doi.org/10.1163/15718050-bja10078

What are the legal principles of German idealism in the long nineteenth century; and what conception(s) of international law do they offer? Opposing Kantian rationalism and its formalist law, two idealist reactions do emerge in the early decades of t... Read More about German Idealism after Kant: Nineteenth Century Foundations of International Law.

From ‘Non-market Economy’ to ‘Significant Market Distortions’: rethinking the EU anti-dumping regulation and China’s state interventionism (2022)
Journal Article
Du, M. (2022). From ‘Non-market Economy’ to ‘Significant Market Distortions’: rethinking the EU anti-dumping regulation and China’s state interventionism. Yearbook of European Law, 41, 314-347. https://doi.org/10.1093/yel/yeac004

This article questions the consistency of the EU antidumping regulation with the WTO Antidumping Agreement. It argues that with the expiry of paragraph 15 (a) (ii) on 11 December 2016, China’s WTO Accession Protocol may no longer provide the legal ba... Read More about From ‘Non-market Economy’ to ‘Significant Market Distortions’: rethinking the EU anti-dumping regulation and China’s state interventionism.

Telemedical and Self-Managed Abortion: A Human Rights Imperative? (2022)
Journal Article
Tongue, Z. L. (2023). Telemedical and Self-Managed Abortion: A Human Rights Imperative?. European Journal of Health Law, 30(2), 158-181. https://doi.org/10.1163/15718093-bja10092

Early into the COVID-19 pandemic, abortion rights advocates highlighted the importance of maintaining access to abortion through telemedicine. It was argued that telemedical and self-managed abortion was, in the pandemic context, a human rights imper... Read More about Telemedical and Self-Managed Abortion: A Human Rights Imperative?.