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All Outputs (625)

Doing Law Amidst Climate Breakdown (2020)
Presentation / Conference
Prost, M. (2020, March). Doing Law Amidst Climate Breakdown. Presented at Reading Law School Guest Seminar Series, Reading, England, UK

Coronavirus and the homeless: Why increasing police powers is not the answer (2020)
Journal Article
Emmerich, F., & Adams, F. (2020). Coronavirus and the homeless: Why increasing police powers is not the answer

What would be a humane response to the needs of the most vulnerable in society during a humanitarian crisis? Lock them up — that’s what the new Emergency Coronavirus Bill proposes. The Government introduced it on Thursday (March 19) to Parliament. Read More about Coronavirus and the homeless: Why increasing police powers is not the answer.

Using Concepts: Lessons Learnt and Best Practices (2020)
Presentation / Conference
Prost, M. (2020, March). Using Concepts: Lessons Learnt and Best Practices. Presented at Glasgow Conversations in International Law - Methods, Theories, Inquiries: Conceptual Critique in International Law, Glasgow, Scotland, UK

The Decolonisation of Children's Rights and the Colonial Contours of the Convention on the Rights of the Child (2020)
Journal Article
Faulkner. (2020). The Decolonisation of Children's Rights and the Colonial Contours of the Convention on the Rights of the Child. International Journal of Children's Rights, 66 - 88. https://doi.org/10.1163/15718182-02801009

The United Nations Convention on the Rights of the Child (uncrc) 1989 has been celebrated for its universal acceptance. However, questions still arise around its provenance and representation. In particular, the Convention is deemed to enshrine Weste... Read More about The Decolonisation of Children's Rights and the Colonial Contours of the Convention on the Rights of the Child.

‘That’s a bit of a minefield!’: Supported Decision-Making in Intellectually Disabled People’s Intimate Lives (2020)
Book Chapter
Harding, R., & Tascioglu, E. (2020). ‘That’s a bit of a minefield!’: Supported Decision-Making in Intellectually Disabled People’s Intimate Lives. In Research Handbook on Gender, Sexuality and the Law (256 - 270). https://doi.org/10.4337/9781788111157

In this chapter, we explore the issue of support for intellectually disabled people in developing intimate relationships within the constraints of the regulatory position set out in the Mental Capacity Act 2005 and the Sexual Offences Act 2003. Throu... Read More about ‘That’s a bit of a minefield!’: Supported Decision-Making in Intellectually Disabled People’s Intimate Lives.

The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law (2020)
Journal Article
Nehushtan, Y. (2020). The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law. Israel Law Review, 135-158. https://doi.org/10.1017/S0021223719000189

Ever since the Wednesbury decision in 1947 UK public law has been applying the concepts ‘rationality’ and ‘reasonableness’ indistinguishably. Rationality has also been used as a ‘mega ground of judicial review’, covering many other, distinct grounds... Read More about The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law.

Let us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes (2020)
Journal Article
(2020). Let us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes. Law and Practice of International Courts and Tribunals, 389-415. https://doi.org/10.1163/15718034-12341410

This overview illustrates that there is a gap in our knowledge of how domestic courts handle investorstate disputes. As it turns out, some foreign investors use the domestic courts of the host State prior to initiating investment treaty arbitration.... Read More about Let us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes.

Adjudicating trade and investment disputes: convergence or divergence? (2020)
Book
(2020). Adjudicating trade and investment disputes: convergence or divergence?

Recent trends suggest that international economic law may be witnessing a renaissance of convergence – both parallel and intersectional. The adjudicative process also reveals signs of convergence. These diverse claims of convergence are of legal, emp... Read More about Adjudicating trade and investment disputes: convergence or divergence?.

Charitable Purposes, Demonstrable Benefit and the Role of the Charity Commission: The Fourth Pemsel Head Recast (2020)
Journal Article
(2020). Charitable Purposes, Demonstrable Benefit and the Role of the Charity Commission: The Fourth Pemsel Head Recast. Northern Ireland Legal Quarterly, 445-465

The Charities Act 2011 requires that charitable purposes must fit within one or more of the statutory descriptions of ‘charity’ and, demonstrably, be in the public benefit. From the perspective of the now dismantled fourth Pemsel head of charity, thi... Read More about Charitable Purposes, Demonstrable Benefit and the Role of the Charity Commission: The Fourth Pemsel Head Recast.

Who controls university legal education? The case of England and Wales (2020)
Book Chapter
(2020). Who controls university legal education? The case of England and Wales. In Imperatives for Legal Education Research: Then, Now and Tomorrow (143 -158)

Proceedings paper adapted from UNSW Conference on Research in Legal Education: State of the Art?, held at Sydney, Australia, 3-5 December 2017.

The Uneasy Relationship between Intra-EU Investment Tribunals and the Court of Justice’s Achmea Judgment (2019)
Journal Article
(2019). The Uneasy Relationship between Intra-EU Investment Tribunals and the Court of Justice’s Achmea Judgment. https://doi.org/10.2139/ssrn.3496797

This paper focuses on the ways in which investment tribunals constituted under intra-EU BITs and the Energy Charter Treaty (in an intra-EU dispute) have reacted to the Court of Justice’s Achmea judgment of 6 March 2018. The first part of the paper ma... Read More about The Uneasy Relationship between Intra-EU Investment Tribunals and the Court of Justice’s Achmea Judgment.

Unspoken and unthinkable: The older disabled body in judicial discourse (2019)
Journal Article
Pritchard-Jones. (2019). Unspoken and unthinkable: The older disabled body in judicial discourse. International Journal of Law and Psychiatry, 101525 - 101525. https://doi.org/10.1016/j.ijlp.2019.101525

While much has been said about gendered bodies in legal discourse, as yet relatively little has been written about older bodies. This is surprising given the fact older people are statistically far more likely to be the subjects of certain areas of l... Read More about Unspoken and unthinkable: The older disabled body in judicial discourse.

PrEP in Prisons: HIV prevention in incarcerated populations. (2019)
Journal Article
Parsons, J. A. (2019). PrEP in Prisons: HIV prevention in incarcerated populations. International Journal of Prisoner Health, 199 - 206. https://doi.org/10.1108/IJPH-09-2019-0053

PURPOSE: The purpose of this paper is to discuss the possibility of using pre-exposure prophylaxis (PrEP) as an HIV harm reduction intervention in prisons. PrEP is primarily discussed in relation to men who have sex with men (MSM), meaning other high... Read More about PrEP in Prisons: HIV prevention in incarcerated populations..

Alleviating Anxiety and Cultivating Care: Young Trans People in the Family Court of Australia (2019)
Journal Article
Raj, S. (2020). Alleviating Anxiety and Cultivating Care: Young Trans People in the Family Court of Australia. Australian Feminist Law Journal, 45(1), 111-130. https://doi.org/10.1080/13200968.2019.1636752

The distress and anxiety faced by young trans(gender) people generates varied social, medical, and legal concerns. In Australia, minors have had to appeal to the jurisdiction of the Family Court of Australia if they wished to undergo medical or surgi... Read More about Alleviating Anxiety and Cultivating Care: Young Trans People in the Family Court of Australia.