Recent (2012–13) and Forthcoming Other Forms of Output
Showing 78 recent others sorted by year, then title [change this]
S Fredman, 'Anti-discrimination laws and work in the developing world: A thematic overview' (Background Paper for the World Development Report 2013 2013) [...]
This is a background paper for the World Development Report 2013. It aims to provide a literature review of legal and other instruments aimed at addressing labour market discrimination in developing countries,. The analysis takes place in the context of the understanding of jobs as providing the hinge connecting the three identified transformations at the centre of economic development: living standards, productivity gains and social cohesion. As Juan Somavia, ILO Director -General stated in June 2001: „Every day we are reminded that, for everybody, work is a defining feature of human existence. It is the means of sustaining life and of meeting basic needs. But it is also an activity through which individuals affirm their own identity, both to themselves and to those around them. It is crucial to individual choice, to the welfare of families and to the stability of societies.‟ Yet many people are unable to access decent work because of their gender, race, disability, sexual orientation, age or poverty. Disadvantage in the labour market is disproportionately concentrated among women, ethnic minorities, people with disabilities, older or younger people and poor people. The report deals with a brief discussion of de jure equality; anti-discrimination laws; the informal sector; and implementation (including affirmative action) in a range of countries: among low income countries, the briefing note considers Kenya, Bangladesh and Nepal; among lower middle income countries, it examines India, the Philippines and Zambia; and among upper middle income countries, it examines South Africa, Botswana, Brazil, Jamaica and the Czech Republic. The countries were chosen to reflect a spread of different cultural, regional, historical and developmental factors, as well as the availability of literature in English. .
J Vidmar, 'EU-UK-Scotland: How Two Referenda Created a Complicated Love Triangle' (2013) EJIL Talk!
Dr Emily Henderson, Professor Fred Seymour and Laura Hoyano, 'Expert Witnesses under Adversarial Examination in the Criminal and Family Courts' (2013) (forthcoming) [...]
This is an empirical research project funded by the New Zealand law foundation, examining how child protection experts experience the adversarial criminal trial system as compared with the more inquisitorial family court system,and the factors which inhibit them from choosing to become involved in expert testimony work. The Nuffield Foundation has invited the researchers to resubmit a funding proposal for a companion study of UK experts, which we will probably do following the conclusion of the New Zealand study, which should result in at least one Journal article.
A Tzanakopoulos, 'Falling Short: UN Security Council Delisting Procedural Reforms Before European Courts' (Sanctions & Security Research Program 2013) [...]
A Report prepared for the KROC Institute's Sanctions and Security Research Program, assessing reforms to the 1267/1989 sanctions regime of the Security Council against the standards required by European Courts, including the Court of Justice of the European Union and the European Court of Human Rights.
R George, 'Fifty Years in Family Law: Essays for Stephen Cretney, edited by Rebecca Probert and Chris Barton' (2013) Law Quarterly Review 121 [Review]
A Tzanakopoulos, 'Greek Court Acquits Immigrants Who Escaped Appalling Detention Conditions' (2013) EJIL: Talk!
A Briggs, 'In for a penny, in for a pound.' (2013) informa / Lloyd's Maritime & Commercial Law Quarterly 26 [Case Note] [...]
Analysis of decision of Supreme Court in Rubin v Eurofinance and New Cap v Grant.
A Briggs, 'One-sided jurisdiction clauses: French folly and Russian menace' (2013) Lloyd's Maritime & Commercial Law Quarterly 137 [Case Note] [...]
Analysis of decisions of French Supreme Court and of Russian Supreme Court on efficacy of one-sided jurisdiction agreements
ISBN: 0306 2943
P S Davies, 'Registered charges in the contractual matrix' (2013) 129 LQR 24 [Case Note]
P S Davies and P Turner, 'Relief against penalties without a breach of contract' (2013) 72 CLJ 20 [Case Note]
S Douglas-Scott, 'Review of E. Bates 'The Evolution of the European Convention on Human Rights. From Its Inception to the Creation of a Permanent Court of Human Rights'' (2013) 50 Common Market Law Review 649 [Review]
This blog entry is based on a talk delivered at the University of Amsterdam in the framework of the SHARES (shared responsibility) project. It discusses how responsibility is shared between the UN and member-States for the adoption and implementation of UN sanctions under Chapter VII of the Charter.
N. W. Barber, 'The Constitution of China: A Contextual Analysis' (2013) 129 Law Quarterly Review 132 [Review]
T Khaitan, 'The Real Price of Parliamentary Obstruction' (2013) 642 Seminar 37
AYK Lee, 'Cosmopolitanism: A Philosophy for Global Ethics by Stan van Hooft; Globalizing Justice: The Ethics of Poverty and Power by Richard W. Miller. ' (2012) 72 Analysis 202 [Review]
S Fredman, 'A Comparative Study of Anti-Discrimination and Equality Laws of the US, Canada, South Africa and India' (Office for Official Publications of the European Communities 2012) [...]
The aim of this study is to compare and contrast anti-discrimination and equality laws in the US, Canada, South Africa and India, with a view to inform future development of EU anti-discrimination laws. Comparative law is of great value, particularly in the equality field, where there is increasing cross-pollination across different jurisdictions. At the same time, comparative law carries with it important challenges, as the harmonising project of the EU has itself demonstrated. The four jurisdictions to be examined here share English as a common language as well as, in varying degrees, a common law heritage. However, there are significant differences in historical, socio-economic and political contexts as well as in legal institutions. The challenge is therefore to illuminate universalisableconceptions while at the same time recognising context specificity.
ISBN: ISBN 978-92-79-23769
A Johnston and Hannes Unberath, 'Annotation on Joined Cases C-65/09 & C-87/09, Gebr. Weber GmbH v. Jürgen Wittmer and Ingrid Putz v. Medianess Electronics GmbH (judgment of 16 June 2011)' (2012) 48 Common Market Law Review 793 [Case Note]
G Loutzenhiser, 'Australia’s Future Tax System: The Prospects After Henry'  British Tax Review 579 [Review]
V Moreno Lax, 'Book Review: M Geiger and A Pécoud (eds), The Politics of International Migration Management, Basingstoke: Palgrave MacMillan, 2010, ISBN: 9780230272583' (2012) 25(1) Journal of Refugee Studies 166-167. [Review]
C Hodges, C Hodges, J Peysner and A Nurse, 'C Hodges, J Peysner and A Nurse, Litigation Funding. Status and Issues (Centre for Socio-Legal Studies, Oxford and Lincoln University, 2012), at ' (2012)
D P Nolan, 'Carriage of Goods by Sea, 2nd edn' (2012) 128 Law Quarterly Review 469 [Review]
A Briggs, 'Co-ownership and an equitable non sequitur' (2012) 128 Sweet & Maxwell, Law Quarterly Review 183 [Case Note] [...]
Comment on one, but important, aspect of the judgments in Jones v Kernott, pointing out the flaw in the application of the maxim that equity follows the law in the law of co-ownership of land.
ISBN: 0023 933X
R George, 'Cohabitants' Property Rights: When Is Fair Fair?' (2012) Cambridge Law Journal 31 [Case Note]
Christopher Hodges, I Benöhr and Naomi Creutzfeldt-Banda, 'Consumer-to-Business ADR Structures:' (2012) The Foundation for Law, Justice and Society
J Pila, 'Copyright and Internet Browsing' (2012) 128 Law Quarterly Review 204–208 [Case Note]
N. W. Barber, 'Does China Enjoy Greater Legitimacy Than Any Western State?' (2012) United Kingdom Constitutional Law Group
J Vidmar, 'Does General Assembly Resolution 67/19 Have Any Implications for the Legal Status of Palestine?' (2012) EJIL Talk!
N Ghanea, 'Educational Reform in Iran: Human Rights Perspectives' , paper presented at
R G Hood, 'Enhancing EU Action Against the Death Penalty in Asia' (European Parliament, Directorate General for External Policies EXPO/B/DROI/2011/22 2012)
D P Nolan, 'Enterprise Liability and the Common Law' (2012) 41 Industrial Law Journal 370 [Review]
A C L Davies, 'Fixed-Term Employment in the European Schools: Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families' (2012) 2 European Labour Law Journal 182 [Case Note]
N. W. Barber, 'House of Lords Reform: A Look in the Long Grass.' (2012) United Kingdom Constitutional Law Blog
P S Davies, 'Interpreting commercial contracts: a case of ambiguity?'  LMCLQ 26 [Case Note]
This paper contests Brian Simpson's claim that HLA Hart's book, The Concept of Law, is that of a 'hedgehog,' that is, a monistic thinker. It is not. Hart's work is pluralist both in its explanatory concepts and in its evaluative background. Some conjectures are offered as to why Simpson so misunderstood Hart, and as to why analytic legal philosophy is misunderstood, or distrusted, more generally.
R George, 'Lawrence v Gallaher: Playing a Straight Bat in Civil Partnership Appeals?' (2012) Journal of Social Welfare and Family Law 357 [Case Note]
N. W. Barber, 'Legal Realism, Pluralism, and their Challengers' (2012) 76/2012 Oxford Legal Studies Research Paper
J Goudkamp, 'Michael Kirby: Paradoxes & Principles' (2012) University of Western Australia Law Review [Review]
P S Davies, 'No leapfrogging of contract in unjust enrichment' (2012) 71 CLJ 37 [Case Note]
S Meredith and D Nolan (eds), 'OSCOLA: The Oxford University Standard for Citation of Legal Authorities' (2012) 4th edn Hart Publishing
P Eleftheriadis, 'Paradoxes of EU Citizenship' (2012) 156 Solicitors Journal [Case Note]
Murray Hunt, Hayley Hooper and P Yowell, 'Parliaments and Human Rights: Redressing the Democratic Deficit' (AHRC Public Policy Series No.5 2012)
N Ghanea, 'Preaching and Practising: Freedom of Religion or Belief in the Commonwealth' (Report Commissioned by the Commonwealth Advisory Bureau, which in turn was commissioned and funded by the Canadian High Commission, London 2012) [...]
An examination of freedom of religion or belief as upheld in the constitutions of Commonwealth Member States and why the Commonwealth should hitherto acknowledge freedom of religion or belief more fully as part of the spectrum of Commonwealth concerns.
A Tzanakopoulos, 'Principles on the Engagement of Domestic Courts with International Law: Preliminary Report of the ILA Study Group' (Report of the Seventy-Fifth Conference of the International Law Association 2012) [...]
This is the Preliminary Report of the Study Group on Principles on Engagement of Domestic Courts with International Law. It sets out the Study Group's underlying considerations and seeks to distill a set of principles which guide domestic court engagement with international law. It will be used by the Study Group as guidance for the completion of a number of national and thematic studies, which will then feed into the Study Group's final report.
M Ashdown, 'Publication Review: The Law of Unincorporated Associations' (2012) 128 LQR 616 [Review]
M Bosworth and B Kellezi, 'Quality of Life in Detention: Results from the MQLD Questionnaire Data Collected in IRC Yarl’s Wood, IRC Tinsley House and IRC Brook House, August 2010 – June 2011.' (Centre for Criminology 2012)
R George, 'Researching Relocation Disputes in First Instance Courts' (2012) Family Law Week
J Vella and J Freedman, 'Revenue Guidance: The Limits of Discretion and Legitimate Expectations' (2012) 128 Law Quarterly Review 192 [Case Note]
J Morgan, 'Review of "Networks as Connected Contracts" by Gunther Teubner (translated by Michelle Everson), edited with an introduction by Hugh Collins' (2012) 128 LQR 472 [Review]
R Ekins, 'Review of N. Barber, "The Constitutional State", (Oxford: OUP, 2010)' (2012) 128 The Law Quarterly Review 308 [Review]
N. W. Barber, 'Scottish Independence and the Role of the United Kingdom ' (2012) United Kingdom Constitutional Law Blog
N. W. Barber, 'Self-Defence for Institutions ' (2012) Oxford Legal Studies Research paper
D Akande, 'Several short pieces, notes and comments on EJIL:Talk!' (2012) Blog of the European Journal of International Law
M Paparinskis, 'Shared Responsibility in the International Court of Justice' (2012) SHARES Research Paper 15
V Moreno Lax, 'T Gammeltoft-Hansen, Access to Asylum, Cambridge: Cambridge University Press, 2010, ISBN: 9781107003477' (2012) 25(3) Journal of Refugee Studies (forthcoming). [Review]
N. W. Barber, 'The Argument from Counter-Example' (2012) Oxford Legal Studies Research Paper
N Ghanea, 'The concept of racist hate speech and its evolution over time, contribution to UN CERD session' , paper presented at
J Goudkamp, 'The Defence of Illegality in Tort Law: Wither the Rule in Pitts v Hunt?' (2012) Cambridge Law Journal [Case Note]
S Vogenauer, 'The Drafting of the Common European Sales Law: an Assessment and Suggestions for Improvement' (Briefing Note for the European Parliament Committee on Legal Affairs, DG Internal Policies - Policy Department C: Citizens' Rights and Constitutional Affairs 2012) [...]
The drafting of the Commission’s current proposal for a CESL is analysed and assessed. Recommendations for improving the drafting are made. The most important recommendation is to allow for sufficient time during the legislative process in order to avoid the technical mistakes that can be found in the proposal in its current form.
S Douglas-Scott, 'The EU Strategic Framework and Action Plan on human rights and democracy' (2012) July 2102 LSE EUROPP blog
Peter Boeckli and others, 'The Future of European Company Law' (2012) ECLE
This paper explores moral limits on state action: their sources, character, and stringency. It explains what is special about the liberal tradition: there must be a protected sphere of action, and governments must respect legality. It argues, against Patrick Devlin, that the possible absence of absolute moral reasons against intrusion in a sphere is consistent with justified absolute positive limits on government intrusion. It argues, against John Finnis, that the fact that some associations (e.g. churches or marriages or universities) have intrinsically valuable ‘common goods’ does not entitle them to immunity from government regulation. It concludes by suggesting why certain ‘natural law’ moralities have been considered unreasonably intrusive, for they neglect the significance of moral fallibility for limited government.
A Briggs, 'The Principle of Comity in Private International Law' (2012) 354 Receuil des Cours: Collected Courses of the Hague Academy of International Law 65 [...]
Text of a course on the nature and role of comity in private inernational law derived from lectures given at the Hague Academy in June 2011
Wheatle, 'The Residual Powers of the Court' (2012) UK Constitutional Law Blog
N. W. Barber, 'The Separation of Powers and the British Constitution' (2012) Oxford Legal Studies Research Paper
N. W. Barber, 'The Sophick Constitution ' (2012) United Kingdom Constitutional Law Blog
J Pila, 'The Star Wars Copyright Claim: An Ambivalent View of the Empire' (2012) 128 Law Quarterly Review 15-19 [Case Note]
S Gardner and K Davidson, 'The Supreme Court on Family Homes - Jones v Kernott' (2012) 128 Law Quarterly Review 178 [Case Note]
S J Bright, 'The Uncertainty of Certainty in Leases' (2012) 128 LQR 336 [Case Note] [...]
This note explains the significance of the Supreme Court decision in Mexcfield v Berrisford
N. W. Barber, 'The Virtues of Advisory Referendums' (2012) United Kingdom Constitutional Law Group Blog
S Wallerstein, 'War Aggression and Self-Defence by Y. Dinstein - Book Review' (2012) European human Rights Law Review [Review]
Two conceptions of the value of political freedom are popular. According to one, freedom serves autonomy, creating one’s own path through life. According to the other, freedom serves authenticity, keeping faith with an identity one did not choose. This paper bridges the gap between these views in several ways. It shows that autonomy embraces some of the unchosen aspects of life that authenticity stresses, and that authenticity is consistent with scope for choice within an unchosen identity. It is also shows that both views share a stake in a neglected value, self-knowledge. Partisans of authenticity cannot keep faith with their identity if they do not know what it truly is. Partisans of autonomy cannot choose a path in life without knowing what the options are for them, and these options can be affected instrumentally and constitutively by their identity, which they therefore have a stake in knowing. Of course, there can be more than one sound argument in favor of freedom. But contrary to what many suppose, autonomy and authenticity are complementary, not competing, in making that case. The differences between them are matters of nuance and degree.
S Wallerstein, 'Who Can Apply to Add Sites Situated in Disputed Territory to the World Heritage List?' (2012) Ejil: Talk!
I Loader, 'Why communty engagement matters?' (2012) Opening Address to Police Foundation Annual Conference