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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 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.

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.

Serbia's Action against Transnational Organised Crime (2016)
Journal Article
(2016). Serbia's Action against Transnational Organised Crime. European Journal of Crime, Criminal Law and Criminal Justice, 151-175. https://doi.org/10.1163/15718174-24032090

This article examines the extent to which Serbia has implemented relevant international standards on action against transnational organised crime contained in the United Nations Convention against Transnational Organised Crime 2000. The first part ex... Read More about Serbia's Action against Transnational Organised Crime.

The Case for a General Constitutional Right to be Granted Conscientious Exemption (2016)
Journal Article
Nehushtan, Y. (2016). The Case for a General Constitutional Right to be Granted Conscientious Exemption. Oxford Journal of Law and Religion, 230 - 254. https://doi.org/10.1093/ojlr/rww004

Conscientious exemption is called for when a person’s conscience conflicts with the demands or the requirements of the law. Most of the academic research about the practice of granting conscientious exemptions and its justification explores the quest... Read More about The Case for a General Constitutional Right to be Granted Conscientious Exemption.

Sustaining the Character of a Judge: Conflict Within the Legal Thought of British India (2014)
Journal Article
(2014). Sustaining the Character of a Judge: Conflict Within the Legal Thought of British India. Journal of Legal History, 44-67. https://doi.org/10.1080/01440365.2014.883048

Judicial roles provided the raj with major dilemmas. One persistent dispute related to civil servants sitting as judges. Critics argued that civil servants had a superficial legal education and lacked appropriate practical experience of work in the c... Read More about Sustaining the Character of a Judge: Conflict Within the Legal Thought of British India.

EU Member State Enforcement of ‘Mixed’ Agreements and Access to Justice: Rethinking Direct Effect (2013)
Journal Article
(2013). EU Member State Enforcement of ‘Mixed’ Agreements and Access to Justice: Rethinking Direct Effect

Article 344 TFEU forbids Member States to pursue any other means of dispute settlement, when issues regarding the application and interpretation of the Treaties are concerned. The Court of Justice extended this principle to include disputes arising u... Read More about EU Member State Enforcement of ‘Mixed’ Agreements and Access to Justice: Rethinking Direct Effect.