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Outputs (37)

"Statute? What statute?" - norm hierarchy and judicial law-making in international criminal law at the example of the special tribunal for Lebanon (2014)
Journal Article
Bohlander, M. (2015). "Statute? What statute?" - norm hierarchy and judicial law-making in international criminal law at the example of the special tribunal for Lebanon. Statute Law Review, 36(2), 186-190. https://doi.org/10.1093/slr/hmu029

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 "Statute? What statute?" - norm hierarchy and judicial law-making in international criminal law at the example of the special tribunal for Lebanon.

The Judicialization of International Law: Reflections on the Empirical Turn (2014)
Journal Article
Hernández, G. (2014). The Judicialization of International Law: Reflections on the Empirical Turn. European Journal of International Law, 25(3), 919-934. https://doi.org/10.1093/ejil/chu066

The proliferation of international courts and tribunals in the last two decades has been an important new development in international law, and the three books under review are at the vanguard in substantiating the claim that the judicialization of i... Read More about The Judicialization of International Law: Reflections on the Empirical Turn.

Criminalising LGBT persons under national criminal law and Article 7(1)(h) and (3) of the ICC Statute (2014)
Journal Article
Bohlander, M. (2014). Criminalising LGBT persons under national criminal law and Article 7(1)(h) and (3) of the ICC Statute. Global Policy, 5(4), 401-414. https://doi.org/10.1111/1758-5899.12136

During the negotiations around the International Criminal Court's (ICC) Statute (ICCS) there was a fierce debate about the use and definition of the term ‘gender’ in its Article 7(3), with a sizeable number of states opposing the use of the term as a... Read More about Criminalising LGBT persons under national criminal law and Article 7(1)(h) and (3) of the ICC Statute.

Language, culture, legal traditions and international criminal justice (2014)
Journal Article
Bohlander, M. (2014). Language, culture, legal traditions and international criminal justice. Journal of International Criminal Justice, 12(3), 491-513. https://doi.org/10.1093/jicj/mqu034

Our view of the world is to a large degree a function of our own language and culture. English has become the lingua franca in international legal academic and practical dialogue, and there is a related concern that English — or its direct descendant... Read More about Language, culture, legal traditions and international criminal justice.

The International Court of Justice and the Judicial Function (2014)
Book
Hernández, I. (2014). The International Court of Justice and the Judicial Function. Oxford University Press. https://doi.org/10.1093/acprof%3Aoso/9780199646630.001.0001

•Analyses how the International Court of Justice understands its role within the 'international judicial function' •Argues that the Court's contribution to the development of international law is subtle rather than progressive or radical •Explores ho... Read More about The International Court of Justice and the Judicial Function.

The United Kingdom (2014)
Book Chapter
Masterman, R. (2014). The United Kingdom. In J. Gerards, & J. Fleuren (Eds.), Implementation of the European Convention on Human Rights and of the judgments of the ECtHR in national case law : a comparative analysis (297-332). Intersentia

The Human Rights Act and the Doctrine of Precedent (2014)
Journal Article
Pattinson, S. D. (2015). The Human Rights Act and the Doctrine of Precedent. Legal Studies, 35(1), 142-164. https://doi.org/10.1111/lest.12049

Conflicts between domestic precedents and subsequent decisions of the European Court of Human Rights have resulted in the lower courts following prior domestic decisions even when convinced that they will be overruled on appeal. The standard interpre... Read More about The Human Rights Act and the Doctrine of Precedent.

Article 45 – Freedom of Movement and of Residence (2014)
Book Chapter
Spaventa, E. (2014). Article 45 – Freedom of Movement and of Residence. In S. Peers, T. Hervey, J. Kenner, & A. Ward (Eds.), The EU charter of fundamental rights : a commentary (1161-1176). Hart Publishing

The Right to Property. (2014)
Book Chapter
Allen, T. (2014). The Right to Property. In R. Dixon, & T. Ginsburg (Eds.), Comparative Constitutional Law in Asia (250-276). Edward Elgar Publishing. https://doi.org/10.4337/9781781002704.00018

Eminent domain - the power to take private property for public use - is an inherent aspect of sovereignty. However, the institution of private property would have little meaning if governments expropriated property without restraint. Hence, most cons... Read More about The Right to Property..

Piercing the Veil of State Sovereignty: How China’s Censorship Regime into Fragmented International Law can Lead to a Butterfly Effect (2014)
Journal Article
Chen, G. (2014). Piercing the Veil of State Sovereignty: How China’s Censorship Regime into Fragmented International Law can Lead to a Butterfly Effect. Global Constitutionalism, 3(1), 31-70. https://doi.org/10.1017/s2045381713000282

This article seeks to address China’s entrenched censorship regime in the constitutionalist dimension of international law. First, the article probes into China’s censorship regime and the way it is linked to the country’s foreign policies. Second, t... Read More about Piercing the Veil of State Sovereignty: How China’s Censorship Regime into Fragmented International Law can Lead to a Butterfly Effect.

Religious Symbols, Conscience, and the Rights of Others (2014)
Journal Article
Leigh, I., & Hambler, A. (2014). Religious Symbols, Conscience, and the Rights of Others. Oxford Journal of Law and Religion, 3(1), 2-24. https://doi.org/10.1093/ojlr/rwt048

This article considers some of the features of the judgment in Eweida and Others v United Kingdom, which are positive from a religious claimant’s perspective—not least the welcome removal of unhelpful definitional ‘filters’ preventing individuals fro... Read More about Religious Symbols, Conscience, and the Rights of Others.

Political Islam and Non-Muslim Religions - A Lesson from Lessing for the Arab Transition (2014)
Journal Article
Bohlander, M. (2014). Political Islam and Non-Muslim Religions - A Lesson from Lessing for the Arab Transition. Islam and Christian-Muslim Relations, 25(1), 27-47. https://doi.org/10.1080/09596410.2013.847021

Hardly any region has recently captured the global geopolitical imagination as much as the Arab world after the so-called Arab Spring and very likely no state more so than Egypt. Finally it seemed that democracy was coming to the region, that this wo... Read More about Political Islam and Non-Muslim Religions - A Lesson from Lessing for the Arab Transition.