Recent (2011–12) and Forthcoming Other Forms of Output
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2012
R George, 'Cohabitants' Property Rights: When Is Fair Fair?' (2012) Cambridge Law Journal [Case Note]
J Goudkamp, 'Michael Kirby: Paradoxes & Principles' (2012) University of Western Australia Law Review [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.' (2012) Centre for Criminology
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' (2012) Common Market Law Review [Review]
R George, 'Reviewing Relocation? Re W (Children) (Relocation: Removal Outside Jurisdiction) [2011] EWCA Civ 345 and K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793' (2012) Child and Family Law Quarterly forthcoming [Case Note]
V Moreno Lax, 'T Gammeltoft-Hansen, Access to Asylum, Cambridge: Cambridge University Press, 2010, ISBN: 9781107003477' (2012) 25 Journal of Refugee Studies (forthcoming). [Review]
N Barber, The Argument from Counter-Example (2012) Oxford Legal Studies Research Paper
N Barber, The Separation of Powers and the British Constitution (2012) Oxford Legal Studies Research Paper
2011
AYK Lee, Cosmopolitanism: A Philosophy for Global Ethics by Stan van Hooft; Globalizing Justice: The Ethics of Poverty and Power by Richard W. Miller. (2011) 72 Analysis 202 [Review]
E Descheemaeker, 'Solatium', paper presented at Staff Seminar Series, University of Edinburgh (23 September 2011)
E Descheemaeker, 'Solatium in Roman and English Law', paper presented at Iniuria and the Common Law, All Souls College, University of Oxford (9 September 2011)
I Loader and R Muir, A Manifesto for Progressive Police and Crime Commissioners (2011) New Statesman ('The Staggers' blog)
I Papanicolopulu, A Response to Milanovic on Extraterritorial Application of Human Treaties: The Significance of International Law Concepts of Jurisdiction (2011) EJIL:Talk!
J J W Herring, Robert H George and Peter G Harris, 'Ante-nuptial agreements: fairness, equality and presumptions' (2011) 127 Law Quarterly Review 335 [Case Note]
discussion of Radmacher v Granatino
R George, J Herring and P G Harris, 'Ante-Nuptial Agreements: Fairness, Equality, and Presumptions' (2011) 127 Law Quarterly Review 335 [Case Note]
J Donoghue, 'Anti-Social Behaviour and the Courts in England and Wales: Report of Findings.' (2011) Oxford: University of Oxford.
J Donoghue, 'Anti-Social Behaviour, Community Engagement and the Judicial Role', paper presented at Invited Paper given at the University of Newcastle, School of Law Seminar Series, 23rd November 2011
A Higgins, 'BATAS v Laurie: apprehended bias and actual failure of case management ' (2011) Civil Justice Quarterly 246 [Case Note]
V Moreno Lax, 'Book Review: M Geiger and A Pécoud (eds), The Politics of International Migration Management, Basingstoke: Palgrave MacMillan, 2010, ISBN: 9780230272583' (2011) 24(2) Journal of Refugee Studies (forthcoming). [Review]
J Donoghue, 'Community Engagement and the Courts' (2011) Magistrate Magazine (forthcoming)
C Greenhalgh and M Rogers, Competition, Innovation and IP (2011) UK Intellectual Property Office
as Supporting Paper H to the Hargreaves Review of IP and Growth
J Goudkamp, 'Contributory Negligence and Trespass to the Person' (2011) 27 Law Quarterly Review 518 [Case Note]
J Donoghue, 'Courts, Communities and the Big Society' (2011) Available on Crime Talk at: http://www.crimetalk.org.uk/archive/section-list/38-frontpage-articles/438-courts-communities-and-the-big-society.html
Anti-social behaviour is a serious and pernicious social problem in a significant number of areas and communities across Britain; its effects must not be understated or minimised. Consequently, efforts to enhance levels of engagement between affected communities and the courts should be welcomed. However, strategies to improve liaison between the judiciary and communities are certainly not unproblematic for a variety of reasons which I will discuss below. Drawing upon my own recent research (Donoghue 2010; also 2008 and 2007), I will identify the challenges and opportunities ahead for improved engagement between magistrates’ courts and our communities.
D J Galligan and Z. H. Zafirov, 'Discretionary Powers in Macedonia' (2011) OSCE (Organizatioin for Security and Cooperation in Europe) 1
V Moreno Lax, Dismantling the Dublin System: M.S.S. v Belgium and Greece (2011) SSRN Working Paper Series
A Higgins, 'ECJ confirms no privilege for in-house counsel: Azko Nobel v European Commission' ' (2011) Civil Justice Quarterly 113 [Case Note]
J Goudkamp, 'Ex Turpi Causa and Immoral Behaviour in Tort Law' (2011) 27 Law Quarterly Review 26 [Case Note]
N Ghanea, Expert workshops on the prohibition of incitement to national, racial or religious hatred (February 2011, Vienna) , paper presented at United Nations
The Office of the High Commissioner for Human Rights (OHCHR) has organised, in 2011, a series of expert workshops on the prohibition of incitement to national, racial or religious hatred, as reflected in international human rights law. The objectives of the expert workshops are: •To gain a better understanding of legislative patterns, judicial practices and different types of policies, in countries of the various regions of the world, with regard to prohibiting incitement to national, racial, or religious hatred, while ensuring full respect for freedom of expression as outlined in articles 19 and 20 of the International Covenant on Civil and Political Rights; •to arrive at a comprehensive assessment of the state of implementation of this prohibition of incitement in conformity with international human rights law and; •to identify possible actions at all levels.
R George, Fair Outcomes as Common Intentions: The Debate in Kernott v Jones (2011) Family Law Week
A Briggs, 'Forum non satis: Spiliada and an inconvenient truth' (2011) Lloyd's Maritime & Commercial Law Quarterly 329 [Case Note]
Note of the decision in AK Investment v Kyrgyz Mobil Tel
ISBN: 03062943
G Loutzenhiser, 'International Commercial Tax' (2011) British Tax Review 229 [Review]
R Williams, 'Lady & Kid and others v Skatteministeriet and Ministre du Budget, des Comptes publics et de la Fonction publique v Accor SA: Unjust Enrichment and the European Court of Justice, a loss of national competence and principle?' (2011) British Tax Review 2011 [Case Note] (forthcoming)
Casenote arguing that in two recent decisions, Lady & Kid and Accor, the ECJ has extended its involvement in national causes of action in unjust enrichment still further. But by denying all defences to such claims other than a very literal version of the passing on defence, without hearing proper principled argument on the range of defences which might be available, the ECJ has replaced a loss of competence at national level but not the corresponding loss of principled reasoning. The casenote argues that these decisions thus provide further evidence of the problematic nature of the ECJ's so-called 'remedies jurisprudence'.
I Papanicolopulu, Mauritius v. United Kingdom: Submission of the dispute on the Marine Protected Area around the Chagos Archipelago to arbitration (2011) Ejil:Talk!
I Loader, Penal Policy Takes a Regressive Turn (2011) New Statesman ('The Staggers' blog)
I Loader and R Muir, Progressive Police and Crime Commissioners: An Opportunity for the Centre Left (2011) London: Institute for Public Policy Research ('IPPR Original')
J Roberts, M. Hough and J. Jackson, 'Public Opinion and Sentencing: The Role of Information. Report to the Nuffield Foundation' (2011) London: The Nuffield Foundation
E Descheemaeker, 'Quasi-contracts and Unjustified Enrichment in French Law: Some Comparative Remarks', paper presented at SLS Conference, Cambridge (7 September 2011)
R George, 'Re F (Children) (Internal Relocation) [2010] EWCA Civ 1428' (2011) 33 Journal of Social Welfare and Family Law 169 [Case Note]
I Loader, T Lanning and R Muir, Redesigning Justice: Reducing Crime Through Justice Reinvestment (2011) London: Institute for Public Policy Research
P Davies and others, Response to the European Commission’s Green Paper: The EU Corporate Governance Framework (2011)
E Descheemaeker, 'Rethinking Emotional Wellbeing in the Law of Wrongs', paper presented at SLS Conference, Cambridge (6 September 2011)
S Douglas-Scott, 'Review of Alter: The European Court's Political power' (2011) Edinburgh Law review [Review]
J Morgan, 'Review of Bonfire of the Liberties: New Labour, Human Rights, and the Rule of Law by Prof Keith Ewing' (2011) 127 LQR 316 [Review]
E Descheemaeker, 'Review of Ernest Metzger (ed.), David Daube: A Centenary Celebration' (2011) 89 Revue historique de droit français et étranger 127 [Review]
S J Douglas, 'Review of Green & Randall, The Tort of Conversion' (2011) 127 LQR 631 [Review]
M R Macnair, 'Review of Paul D Halliday, Habeas Corpus: From England to Empire' (2011) 29 Law & History Review 629 [Review]
N Barber, 'Review of The New Separation of Powers' (2011) Public Law 428 [Review]
A Johnston, 'Review of: Kelyn Bacon, EC Law of State Aid (Oxford: OUP, 2009) and Martin Heidenhain, European State Aid Law (Munich: C.H. Beck, 2010)' (2011) 127 Law Quarterly Review 151 [Review]
N Ghanea and B Hass, Seeking justice and an end to neglect: Iran\'s minorities today (2011) Minority Rights Group International
Violations of minority rights in Iran take place within a wider, well-documented context of human rights violations, and intolerance of dissent and difference. Against this background, this briefing reflects on the historical and current situation of Iran’s ethnic, religious and linguistic minority groups, which are typified in Iran by their lack of political power and influence. It also considers the new popular and political consciousness that is emerging in Iran in regard to human rights in general, and minority rights in particular, following the political debates leading up to the disputed 2009 elections, and the popular protests that came afterwards. This shift may represent an opportunity for members of minority groups in Iran at long last to enjoy equal citizenship rights, educational and economic opportunities, and the right to maintain their cultural identity.
J Donoghue, 'Summary Findings from an ESRC funded Study of Anti-Social Behaviour and the Courts in England & Wales', paper presented at Launch of Project Findings held at New College, University of Oxford. 22 March 2011.
G Loutzenhiser, 'Tax arbitrage: the trawling of the international tax system' (2011) British Tax Review 358 [Review]
G Loutzenhiser, 'Taxation of Intellectual Property' (2011) British Tax Review 357 [Review]
A Briggs, 'The Brussels I bis Regulation appears on the horizon' (2011) Lloyd's Maritime & Commercial Law Quarterly 157
Analysis of principal proposals for amendment to Brussels I Reguation
ISBN: 0306-2945
L Lazarus, The Composition of the UK Bill of Rights Commission (2011) UK Constitutional Law Group Blog
E Descheemaeker, 'The Dangers of Mixing It Up. Some Remarks on Defamation and Truth in Civilian, Common-law and Mixed Jurisdictions', paper presented at Conference of the Irish Society of Comparative Law, University College Dublin (29 April 2011)
L Lazarus and others, The Evolution of Fundamental Rights Charters and Case Law: A Comparison of the United Nations, Council of Europe and European Union Systems (2011) European Parliament Directorate General for Internal Policies
This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system.
K S Ziegler and others, The Evolution of Fundamental Rights Charters and Case Law: A Comparison of the United Nations, Council of Europe and European Union Systems of Human Rights Protection (2011) European Parliament, Directorate General for Internal Policies
L Lazarus and others, The Evolution of Fundamental Rights Charters and Case Law: A Comparison of the United Nations, Council of Europe and the European Union systems of human rights Protection (2011) European Parliament
This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system.
S Gardner and Katharine Davidson, 'The Future of Stack v Dowden - Jones v Kernott [2010] 3 All ER 423' (2011) 127 Law Quarterly Review 13 [Case Note]
D Akande, The Genocide Convention and the Obligation of Cooperation with the International Criminal Court (2011) UCLA Human Rights and International Criminal Law Online Forum (2011)
The International Court of Justice (ICJ) has held that Article VI of the Genocide Convention imposes an implicit obligation on Contracting Parties to cooperate with an “international penal tribunal” that has jurisdiction over persons charged with genocide. Although it was envisaged in the drafting of the Convention that acceptance of such jurisdiction would occur by treaty, the ICC is to be regarded as a competent international penal tribunal under the Genocide Convention even in cases where the ICC exercises jurisdiction on the basis of a Security Council referral. This creates an obligation on parties to cooperate with the ICC where an accused person is charged with genocide. However, under the jurisprudence of the ICJ this obligation of cooperation only arises where the contracting party in question has not only accepted the jurisdiction of the tribunal but also has a pre-existing obligation to cooperate. Applying this precedent would mean that in the Bashir case, only those States that are parties to the ICC Statute have an obligation of cooperation under the Genocide Convention. However, a teleological interpretation of the Convention would permit use of the Genocide Convention as a basis for creating an obligation of cooperation for non-parties since they must be deemed to have accepted the jurisdiction of the ICC over the case by virtue of a binding Security Council resolution conferring such jurisdiction. Relying on the Genocide Convention as a basis for a cooperation would open up alternative arguments allowing ICC parties (and non-parties if the teleological interpretation were adopted) to bypass immunities otherwise provided for in international law.
J Goudkamp, 'The Illegality Defence in the Law of Negligence after Miller v Miller' (2011) 7 Australian Civil Liability 130 [Case Note]
D P Nolan, 'The Law of Electronic Commerce' (2011) [2010] Lloyd's Maritime and Commercial Law Quarterly 677 [Review]
S R Weatherill, The limits of legislative harmonisation ten years after Tobacco Advertising: how the Court’s case law has become a “drafting guide” (2011) 12 German Law Journal 827
C Greenhalgh, M Rogers, P Schautschick and V Sena, 'Trade Mark Incentives' (2011) UK Intellectual Property Office
G Loutzenhiser and others, 'Transparency in reporting financial data by multinational corporations' (2011) Oxford University Centre for Business Taxation
G Loutzenhiser, 'Trompe-l’oeil: The sham doctrine in the Canadian tax courts', paper presented at The Common Law Doctrine of the Sham: Reality and Pretence in Law A joint Oxford and Melbourne Symposium at Christ Church, July 2011
E Descheemaeker, 'Truth, Defamation and Verbal Injuries: South African Law at the Crossroads?', paper presented at Third International Congress of the World Society of Mixed Jurisdiction Jurists, Hebrew University of Jerusalem
S J Whittaker, 'Unfair Contract Terms, Unfair Prices and Bank Charges' (2011) 74 Modern Law Review 106 [Case Note]
This note assesses the decision of the UK Supreme Court in the 'Bank Charges' case in the light of the decision of the case-law of the ECJ
J Roberts and M. Manikis, 'Victim Personal Statements at Sentencing: A Review of the Empirical Research. ' (2011) London: Office of the Commissioner for Victims and Witnesses of England and Wales
I Loader, Where is Policing Studies? (Review Essay) (2011) 51 British Journal of Criminology 449 [Review]
A Braun, '‘An Italian Perspective’ ' (2011) Edinburgh Law Review 475
