Browsing Law - Book chapters by Title
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- ItemThe Aarhus Convention: Standards for access to justice in environmental matters(Cambridge University Press, 2019-05) Ryall, ÁineThe Aarhus Convention is an international treaty under the auspices of the United Nations Economic Commission for Europe (UN ECE). It guarantees three interconnected procedural rights: the right to information; the right to participate in decision-making; and the right of access to justice in environmental matters. The Convention is ground-breaking in linking environmental rights and human rights. Its overarching objective is to contribute to the right of every person of present and future generations to live in an environment adequate to their health and well-being.2 The Convention aims to strengthen environmental governance by providing opportunities for an informed public to express concerns about activities which may have a significant effect on the environment and insisting that public authorities take account of those concerns. Transparency and accountability in decision-making is advanced by improving public access to environmental information and providing accessible, affordable and effective review mechanisms to ensure that the law is applied correctly and enforced by the courts where necessary. The Convention places special emphasis on the role played by non-governmental organisations (NGOs) in environmental protection, in particular by enabling them to enforce the law in the public interest. This chapter examines the development of standards within the context of the rights guaranteed under the Convention and the obligations undertaken by State Parties (i.e. States that have ratified, and are therefore bound by, the Convention as a matter of international law). It focuses on how the Aarhus Convention Compliance Committee (the Compliance Committee) and the Court of Justice of the European Union (CJEU) have developed these standards over time. Of course, courts and tribunals at national level are also involved intensively in interpreting, applying and enforcing Convention obligations. In order to provide a detailed account, this chapter focuses exclusively on the role of the Compliance Committee and the CJEU in developing standards within the framework of the Convention.
- ItemBrexit and the implementation of the withdrawal agreement(Oxford University Press, 2021-10-30) Schiek, DagmarThe Agreement on the UK’s withdrawal from the EU of January 2020 should focus on dissolution, while the future relationship is governed by the yet to ratify Trade and Cooperation Agreement of December 2020. Yet, continuing bonds impact on the future, most prevalent in the situation of EU citizens who moved to the UK and UK citizens who moved to the EU, relying on the continuity of the UK’s EU membership, and the necessity of managing the hybrid position of Northern Ireland and its people, which is protected by the Belfast Good Friday Agreement. Part Two of the Withdrawal Agreement and the Protocol on Ireland / Northern Ireland retain some EU citizenship rights and Northern Ireland’s access to the EU Internal Market for goods. Implementing those remnants of EU membership constitutes a permanent struggle. This chapter elaborates the ensuing difficulties and concludes with practical proposals how to alleviate negative repercussion.
- ItemThe chance "to melt into the shadows of obscurity": Developing a "right to be forgotten" in the United States(Springer Nature Switzerland AG, 2018-04-03) O'Callaghan, Patrick; Irish Research CouncilThis chapter argues that there is some (limited) evidence of a right to be forgotten in the jurisprudence of U.S. courts. For the purposes of this argument, the right exists whenever interests in being forgotten and/or forgetting are understood as weighty enough to impose a duty on government and/or fellow citizens to respect those interests. Most of the relevant cases belong to the pre-digital era but nevertheless provide some doctrinal support for a right to be forgotten in the digital era. In particular, the chapter pays close attention to the privacy challenges associated with search engines and argues that it may be possible to implement a Google Spain-inspired right to be forgotten (in the sense of delisting or deindexing search results) in the United States.
- ItemChild removal decision-making systems in Ireland: law, policy and practice(Oxford University Press, 2016-10-20) Burns, Kenneth; O'Mahony, Conor; Shore, Caroline; Parkes, Aisling; Burns, Kenneth; Pösö, Tarja; Skivenes, Marit; University College Cork
- ItemChildren, autonomy and the courts: Beyond the right to be heard: Introduction(Brill/Nijhoff, 2017-12-17) Daly, Aoife
- ItemCoherence, alignment and integration: understanding the legal relationship between sustainable development, climate change adaptation and disaster risk reduction(Palgrave Macmillan, 2022) Cubie, Dug; Natoli, TommasoInternational law can play an important role in promoting national, regional and international actions to tackle the human impacts of climate change and disasters. Of note, 2015 saw the adoption of three interconnected normative frameworks: the Sendai Framework for Disaster Risk Reduction 2015–2030, the Paris Agreement under the UN Framework Convention on Climate Change (UNFCCC), and the UN’s 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs). One may therefore be tempted to view this body of international norms, rules and standards as a comprehensive and unified system. Yet the increasing complexity and specialisation of different international legal regimes has led to concerns regarding a confusing fragmentation of international law. This chapter will therefore examine the relationship between the three topics of sustainable development, climate change adaptation (CCA) and disaster risk reduction (DRR) from a legal perspective. The chapter will commence with a discussion of the legal status of different international instruments, before providing a textual analysis of the language used by states, the UN, NGOs and other actors in the relevant documents. We then propose an ‘hourglass’ model of the legal relationships between these three different international frameworks based on: systemic coherence at the international level; vertical alignment between the international, regional and national levels; and horizontal integration of international norms at the domestic level. To support this proposal, examples will be provided from the Pacific Island Countries (PICs), drawing on research undertaken through the IRC-MSCA CAROLINE project ‘Leave No One Behind: Developing Climate-Smart/Disaster Risk Management Laws that Protect People in Vulnerable Situations for a Comprehensive Implementation of the UN Agenda 2030.’
- ItemComplementarity between human security and legal frameworks for humanitarian action(Edward Elgar Publishing, 2022-10-14) Cubie, Dug; Oberleitner, G.There are close connections between humanitarian action and human security which arise, in part, from their common focus on the principles of humanity and human dignity. Indeed, the UN Trust Fund for Human Security has argued that a longer-term human security approach complements more immediate humanitarian efforts. Drawing on research elaborating the concept of an acquis humanitaire of laws, policies and practices relevant in humanitarian crises, this chapter explores the interconnections between human security and the legal frameworks for humanitarian action. After examining the twin components of humanitarian action, namely material assistance and protection of persons, the chapter argues that adopting a human security lens may be a useful way of operationalising a rights-based approach to humanitarian action, based on protection, empowerment, non-discrimination and accountability.
- ItemDefining the family and the scope of the protection available - tensions between national governance and international expectations(Jordan Publishing, 2015) Crowley, Louise
- ItemDirective 85/374/EEC concerning liability for defective products: in the name of harmonisation, the internal market and consumer protection(Edward Elgar Publications, 2017-10) White, Fidelma; Giliker, Paula
- ItemThe dynamic entrepreneur or the totally incompetent fool? The role of norms in identifying legitimate risk-taking under Irish company law(Round Hall Press, 2009-06) Lynch Fannon, Irene; Keane, Ronan; O'Neill, Ailbhe
- ItemThe emergence of standards regarding the right of access to water and sanitation(Cambridge University Press, 2019-05) McIntyre, OwenDespite continuing uncertainty over the precise legal status of the putative human right(s) of access to water and sanitation in international law, and also within the domestic legal frameworks of many national jurisdictions, the elaboration continues apace of a rich montage of water services standards by a diverse cast of formal and informal global, regional, State and transnational actors. In addition to emerging standards regarding the physical safety and adequacy of water supplied for domestic purposes, notably including the WHO Guidelines for Drinking-Water Quality, standards are also being adopted by bodies such as the International Organisation for Standardisation (ISO), which set down more general service quality guidelines for utilities providing domestic water and sanitation services. Also, certain institutions providing finance for major water services projects, such as multilateral development banks (MDBs), are developing sophisticated standards for cost recovery which seek to adopt elements of a human rights-based approach by taking account of the affordability of water and sanitation services and providing safeguards for poor and vulnerable people, including restrictions on service disconnection for non-payment of charges. At every level of decision-making regarding water and sanitation services, standards of governance informed by the practice of human rights, including standards concerned with transparency, participation, reviewability and accountability, have become pervasive.
- ItemThe emergence of the 'common management' approach to international watercourse governance and its significance for environmental protection(UNESCO, 2016-10-31) McIntyre, Owen
- ItemThe gendered corporation: the role of masculinities in shaping corporate culture(Cambridge University Press, 2018-05) O'Sullivan, Catherine
- ItemIncome requirements in family reunification regimes(Eleven International Publishing, 2016) Staiano, Fulvia; Irish Research Council; European University InstituteThe Human Rights of Migrant Women in International and European Law shows the existence of a gender bias in European norms – at both EU and domestic level – regulating migrant women’s family life and employment. It analyses the potential of European human rights and fundamental rights law to expose and correct this bias. The author argues that migrant women’s most common life circumstances must come to the fore in order to achieve this. The author assesses relevant examples of human rights and fundamental rights jurisprudence at supranational and domestic levels and identifies effective judicial interpretations to ensure migrant women’s enjoyment of their rights and benefits based on equality and non-discrimination. This book is of interest to human rights lawyers.
- ItemInternational and European developments in family law 2013(Jordan Publishing, 2013) Crowley, Louise; Atkin, B.
- ItemJustifying acts of denialism: The case of prisoner disenfranchisement in the UK(Intersentia, 2016-05) Morgan-Williams, SamanthaThis chapter will explore the case of prisoner disenfranchisement in the United Kingdom (hereinafter UK) as a concrete example of political denialism and human rights. It will explore the basis of denialism and human rights, from two approaches, asking both how and why denialism is perpetrated and justified in the UK. Initially seeking to challenge how the blanket ban on prisoner voting is justified at a domestic level. The paper will then identify why political denialism is contentious within the concrete example that prisoner disenfranchisement provides, determining the conceptual and legal basis and subsequent political support for the prisoner voting ban.
- ItemPM, Applicant v the Board of Management of St Vincent's Hospital and Justin Geoghegan and the Attorney General, Respondents(Bloomsbury Publishing, 2017) Murray, Claire; Donnelly, Mary; Enright, Máiréad; McCandless, Julie; O'Donoghue, Aoife
- ItemProcedural rules of international water law and the imminent challenges of the ecosystem approach(Brill Nijhoff, 2020-10-08) McIntyre, OwenAs the normative implications of emerging obligations to protect and preserve the ecosystems of transboundary watercourses become more clearly understood, the established procedural rules of international water law will be severely challenged. The current procedural rules and mechanisms, which have evolved to facilitate effective inter-State engagement regarding economic utilisation of shared waters, will struggle to accommodate key elements of the so-called “ecosystem approach”, including emerging obligations regarding environmental flows and the ecosystem services paradigm. In particular, the established rules will prove unequal to the procedural requirements of adaptive management techniques for maintaining ecological resilience, of broad and meaningful stakeholder and public participation in decision-making, and of complex benefit-sharing arrangements to ensure optimal and sustainable utilisation of shared water resources. While the ecosystem approach holds great promise for the resolution of inter-State water disputes, it is increasingly apparent that the procedural rules and mechanisms of international water law will need to shift away from one-time inter-State communication processes conducted in anticipation of planned water-related developments, and towards more sophisticated continuing procedural engagement focused on ensuring the optimal and sustainable functioning of valuable watercourse ecosystems.
- ItemProtecting rights in mental health law: the relationship between the courts and mental health tribunals(Manchester University Press, 2016-02) Whelan, Darius; Donnelly, Mary; Murray, Claire