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Privacy International and Quadrature du Net: One Step Forward Two Steps Back in the Data Retention Saga? (2022)
Journal Article
(2022). Privacy International and Quadrature du Net: One Step Forward Two Steps Back in the Data Retention Saga?. European Public Law, 123-154. https://doi.org/10.54648/euro2022007

The present contribution aims to critically reflect on the future direction of data retention at the EU and the national levels by discussing the lessons arising from two seminal Court of Justice of the EU (CJEU) decisions: Privacy International and... Read More about Privacy International and Quadrature du Net: One Step Forward Two Steps Back in the Data Retention Saga?.

Just Say No! Appeals Against Orders for a Preliminary Reference (2020)
Journal Article
Cotter, J. (2020). Just Say No! Appeals Against Orders for a Preliminary Reference. European Public Law, 26(3), 615-642. https://doi.org/10.54648/euro2020058

Can an order for a preliminary reference to the Court of Justice of the European Union (the Court), made by a lower instance national court, be subject to an appeal to a higher instance national court? To date, the Court has not been sufficiently cle... Read More about Just Say No! Appeals Against Orders for a Preliminary Reference.

The Future of EU Data Privacy Law: Towards a More Egalitarian Data Privacy (2020)
Journal Article
(2020). The Future of EU Data Privacy Law: Towards a More Egalitarian Data Privacy

The article addresses the future of European Union (EU) data privacy law and argues for a shift of paradigm, calling for a less technology-driven and more human-centric and societally focused approach. It discusses two case studies — poor people’s da... Read More about The Future of EU Data Privacy Law: Towards a More Egalitarian Data Privacy.

The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges? (2020)
Journal Article
(2020). The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges?. Kings Law Journal, https://doi.org/10.1080/09615768.2020.1815941

Contract law has a multidimensional role permeating the economic and social spheres of life, connecting people in mutual relations. Despite its potential, contract law is largely overlooked by the UN Convention on the Rights of Persons with Disabilit... Read More about The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges?.

Solidarity in the wake of COVID-19: reimagining the International Health Regulations (2020)
Journal Article
(2020). Solidarity in the wake of COVID-19: reimagining the International Health Regulations. Lancet, https://doi.org/10.1016/S0140-6736%2820%2931417-3

Amid frenzied national responses to COVID-19, the world could soon reach a critical juncture to revisit and strengthen the International Health Regulations (IHR), the multilateral instrument that governs how 196 states and WHO collectively address th... Read More about Solidarity in the wake of COVID-19: reimagining the International Health Regulations.

The Law of Responsibility and the World Health Organisation: a Case Study on the West African Ebola Outbreak (2020)
Book Chapter
(2020). The Law of Responsibility and the World Health Organisation: a Case Study on the West African Ebola Outbreak. In Infectious Diseases in the New Millennium: Legal and Ethical Challenges. https://doi.org/10.1007/978-3-030-39819-4

The delay between the WHO being made aware of the 2014 Ebola epidemic in West Africa and declaring it a Public Health Emergency of International Concern (PHEIC) has been the subject of some considerable criticism in the bioethics literature, as well... Read More about The Law of Responsibility and the World Health Organisation: a Case Study on the West African Ebola Outbreak.

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.

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.

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.

The Growing Tendency of Including Investment Chapters in PTAs (2019)
Book Chapter
(2019). The Growing Tendency of Including Investment Chapters in PTAs. In Netherlands Yearbook of International Law (267-304). https://doi.org/10.1007/978-94-6265-243-9_9

In the context of a rising number of preferential trade agreements (PTAs) that include investment protection provisions traditionally found in bilateral investment treaties (BITs), this chapter has a double purpose. First, based on an empirical analy... Read More about The Growing Tendency of Including Investment Chapters in PTAs.

Becoming Montenegrin: biopower, police reform and human rights (2019)
Journal Article
Ryan. (2019). Becoming Montenegrin: biopower, police reform and human rights. The International Journal of Human Rights, 23(4), 476-492. https://doi.org/10.1080/13642987.2016.1161211

The paper forms a Foucauldian analysis of police reforms in Montenegro. Drawing on interviews with police officers at all ranks in 2004, undertaken as reform was commencing, and on interviews undertaken in 2010, after Montenegro's independence, the p... Read More about Becoming Montenegrin: biopower, police reform and human rights.

The globalization of neoliberal violence and its implications for International Criminal justice in Africa (2019)
Journal Article
(2019). The globalization of neoliberal violence and its implications for International Criminal justice in Africa

The article critically engages with the logics of neoliberal economics, not only as a specific form of violence, but also one whose toxic mix with the nature of the post-colonial African state neutralizes any revolutionary effort to redress rampant i... Read More about The globalization of neoliberal violence and its implications for International Criminal justice in Africa.

Climate Change and Disappearing Island States: Pursuing Remedial Territory (2018)
Journal Article
Allen, E. (2018). Climate Change and Disappearing Island States: Pursuing Remedial Territory. https://doi.org/10.1163/23527072-00101008

As at the start of 2018, at least eight low-lying Pacific islands have been found to have disappeared as a result of climate change induced rising sea levels and more seem likely in future to suffer the same fate. Because international law demands te... Read More about Climate Change and Disappearing Island States: Pursuing Remedial Territory.

The Foundations of Conscientious Objection: Against Freedom and Autonomy (2018)
Journal Article
Nehushtan, Y., & Danaher, J. (2018). The Foundations of Conscientious Objection: Against Freedom and Autonomy. Jurisprudence, 541-565. https://doi.org/10.1080/20403313.2018.1454031

According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the iss... Read More about The Foundations of Conscientious Objection: Against Freedom and Autonomy.

A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union (2016)
Journal Article
(2016). A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union. Journal of World Investment and Trade, 701 -742. https://doi.org/10.1163/22119000-12340010

This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJE... Read More about A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union.