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Outputs (764)

The Power of Comparative Law: What Types of Units Can Comparative Law Compare? (2019)
Journal Article
Siems, M. (2019). The Power of Comparative Law: What Types of Units Can Comparative Law Compare?. The American Journal of Comparative Law, 67(4), 861-888. https://doi.org/10.1093/ajcl/avz030

What can comparative law compare? It is relatively uncontroversial that certain topics are included in its scope. For example, there is little doubt that any comparison between legal rules of different countries belongs to the field of comparative la... Read More about The Power of Comparative Law: What Types of Units Can Comparative Law Compare?.

Intelligence Law and Oversight in the UK (2019)
Book Chapter
Leigh, I. (2019). Intelligence Law and Oversight in the UK. In J. Dietrich, & S. Sule (Eds.), Intelligence law and policies in Europe (535-585). C.H. Beck/ Hart

The law and ethics of ‘cultural appropriation’ (2019)
Journal Article
Siems, M. (2019). The law and ethics of ‘cultural appropriation’. International Journal of Law in Context, 15(4), 408-423. https://doi.org/10.1017/s1744552319000405

Cultural appropriation is often defined as the ‘taking of intellectual property, cultural expressions or artefacts, history, and ways of knowledge’. Despite this apparent link to intellectual property, legal issues are only rarely mentioned in the cu... Read More about The law and ethics of ‘cultural appropriation’.

'Soft Ways of Doing Hard Things': Women Mediators and the Question of Gender in Mediation (2019)
Journal Article
Turner, C. (2020). 'Soft Ways of Doing Hard Things': Women Mediators and the Question of Gender in Mediation. Peacebuilding, 8(4), 383-401. https://doi.org/10.1080/21647259.2019.1664369

Arguments in favour of increasing the number of women mediators rest on existing research in the field of Women Peace and Security that suggests that where women are included in peace processes that they create more sustainable agreements. It is ofte... Read More about 'Soft Ways of Doing Hard Things': Women Mediators and the Question of Gender in Mediation.

"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 Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros (2019)
Journal Article
Gerner-Beuerle, C., Mucciarelli, F., Schuster, E., & Siems, M. (2019). The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros. European Business Organization Law Review, 20(3), 425-465. https://doi.org/10.1007/s40804-019-00157-9

The European Court of Justice’s landmark decision in Centros was heralded as creating the preconditions for a vibrant market for incorporations in the EU. In practice, however, today’s corporate landscape in Europe differs little from that of the lat... Read More about The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros.

“External Stakeholder Benevolence”: An Emerging Policy Paradigm in International Criminal Justice? – Critical reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the efficiency and legitimacy of international courts (2019)
Book Chapter
Bohlander, M. (2019). “External Stakeholder Benevolence”: An Emerging Policy Paradigm in International Criminal Justice? – Critical reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the efficiency and legitimacy of international courts. In G. Z. Capaldo (Ed.), Global community yearbook of international law and jurisprudence 2018 (21-67). Oxford University Press. https://doi.org/10.1093/oso/9780190072506.003.0002

The debate about concerns surrounding the efficiency and legitimacy of international (criminal) courts has been joined by a new voice, judicial declarations on how proceedings can be expedited and the legitimacy deficit resolved, in particular the Pa... Read More about “External Stakeholder Benevolence”: An Emerging Policy Paradigm in International Criminal Justice? – Critical reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the efficiency and legitimacy of international courts.

What Determines National Convergence of EU Law? Measuring the Implementation of Consumer Sales Law, (2019)
Journal Article
Goanta, C., & Siems, M. (2019). What Determines National Convergence of EU Law? Measuring the Implementation of Consumer Sales Law,. Legal Studies, 39(4), 714-734. https://doi.org/10.1017/lst.2019.8

Harmonisation and legal convergence are core tasks of the European Union. This article explores the question about the determinants for national convergence of EU law, specifically applied to the ever-growing body of European consumer sales law. The... Read More about What Determines National Convergence of EU Law? Measuring the Implementation of Consumer Sales Law,.

The Chinese Social Credit System: A Model for Other Countries? (2019)
Journal Article
Mac Síthigh, D., & Siems, M. (2019). The Chinese Social Credit System: A Model for Other Countries?. Modern Law Review, 82(6), 1034-1071. https://doi.org/10.1111/1468-2230.12462

Many countries know financial consumer credit ratings, and recent years have also seen a proliferation of rating systems in relation to online platforms and in the ‘sharing economy’, such as eBay, Uber and Airbnb. In the view of many Western observer... Read More about The Chinese Social Credit System: A Model for Other Countries?.

A historical approach to Chagos Islanders v the United Kingdom (2019)
Book Chapter
Jones, H. (2019). A historical approach to Chagos Islanders v the United Kingdom. In D. Gonzalez-Salzberg, & L. Hodson (Eds.), Research methods for international human rights law : beyond the traditional paradigm (171 - 200). Routledge

Artificial general intelligence and contract (2019)
Journal Article
Linarelli, J. (2019). Artificial general intelligence and contract. Uniform Law Review, 24(2), 330-347. https://doi.org/10.1093/ulr/unz015

The aim of this article is to inquire whether contract law can operate in a state of affairs in which artificial general intelligence (AGI) exists and has the cog-nitive abilities to interact with humans to exchange promises or otherwise en-gage in t... Read More about Artificial general intelligence and contract.

Murder by Dangerous Driving: Decision of the BGH of 16 January 2019, Case No 4 StR 345/18 Judgment of the LG Hamburg of 19 February 2018, Case No 621 Ks 12/17 German Federal Court of Justice (Bundesgerichtshof—BGH) 4th Criminal Senate (2019)
Journal Article
Bohlander, M. (2019). Murder by Dangerous Driving: Decision of the BGH of 16 January 2019, Case No 4 StR 345/18 Judgment of the LG Hamburg of 19 February 2018, Case No 621 Ks 12/17 German Federal Court of Justice (Bundesgerichtshof—BGH) 4th Criminal Senate. Journal of Criminal Law, 83(3), 191-194

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

Religious Adjudication and the European Convention on Human Rights (2019)
Journal Article
Leigh, I. (2019). Religious Adjudication and the European Convention on Human Rights. Oxford Journal of Law and Religion, 8(1), 1-27. https://doi.org/10.1093/ojlr/rwz008

Despite extensive discussion of the desirability of recognition of religious law in Europe in recent years and widespread agreement among commentators that the precondition for any such recognition must be respect for human rights, there has little d... Read More about Religious Adjudication and the European Convention on Human Rights.

Property, territory, and colonialism: an international legal history of enclosure (2019)
Journal Article
Jones, H. (2019). Property, territory, and colonialism: an international legal history of enclosure. Legal Studies, 39(2), 187-203. https://doi.org/10.1017/lst.2018.22

This paper is concerned with how law organises and controls space. It offers a new history of enclosure in the context of early English colonialism. By drawing this connection, the paper opens up new lines of enquiry into how law organises and produc... Read More about Property, territory, and colonialism: an international legal history of enclosure.