Law - Book chapters
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Item Identifying principles of international disaster law(Edward Elgar Publishing, 2024-09-27) Cubie, Dug; Aronsson-Storrier, Marie; Breau, Susan C.There is still debate as to whether or not international disaster law can or should be viewed as a distinct branch of international law. This chapter argues that identifying key legal principles applicable to disasters can provide one way of clarifying some of the contours and limitations of international disaster law. The chapter commences with a discussion of principles as a source of international law from the perspective of general principles of law. It then explores the role of specialised principles of international law, including analysis of principles found within established branches of the law, such as international humanitarian law and international environmental law. The chapter concludes by considering potential principles which might be applicable in the context of disasters and the next steps for expanding our understanding of the sources of international disaster law.Item Foe, friend, or all? The position of nature in international law on disaster risk reduction(Edward Elgar Publishing, 2024-09-27) Aronsson-Storrier, MarieThis chapter focuses on the role of and position of nature in international law on disaster risk reduction. It argues that the undertheorisation of nature international law has led to tensions and unarticulated conflicts both between and within legal instruments on disaster risk, making current international law and policy unfit for purpose in meeting the challenges of the present. The chapter invites the reader not only to reconsider how nature is perceived in international law and policy, but also to reflect upon the wider context in which our work as researchers on international law and disasters is positioned, and how we can avoid (invertedly) reinforcing and recreating existing problems and injustices.Item Marxism in EU legal scholarship(Edward Elgar Publishing, 2024-06-13) Lonardo, Luigi; Deplano , Rossana; Gentile , Giulia; Lonardo, Luigi; Nowak , TobiasAfter providing an introductory overview of selected aspects of the thought of Karl Marx and of the main interpretative currents on Western Marxism, this chapter argues that Marx’s legacy in contemporary scholarship on European Union (EU) law is found in methodology. This is because the use of holistic, teleological and/or historical materialist explanations, which are now widespread in EU legal scholarship, could be considered a Marxist legacy, even though the authors may not explicitly reference Marx or Marxism. Marxist insights contributed to the move of EU law scholarship in English away from a purely doctrinal method to a contextual approach, and scholars borrowing from Marxism may still ask interesting normative questions. However, this chapter, which provides a perspective on ‘analytical Marxism’, contends that there is currently little remaining of Marxist contribution which is to be learnt for EU legal scholars. Where Marx is still enlightening is in the identification of ‘big picture’ normative questions.Item Ireland's distinct constitutional vision: The 'administration of justice' in quasi-judicial bodies(Bloomsbury Publishing, 2024-10-03) Donson, Fiona; O'Donovan, Darren; Ryan, Aisling; Thomson , Stephen; Groves, Matthew; Weeks, GregItem The right to freedom of thought under the European Convention on Human Rights(Cambridge University Press, 2024) Benziger, Felicitas; O'Callaghan, Patrick; Shiner, BethanyThe right to freedom of thought (FOT) is considered a fundamental right enshrined in the European Convention on Human Rights (ECHR) as well as a wide range of national, international and European texts as this Handbook demonstrates. Contrary to the fundamental importance of the right to FOT, scholarly engagement has only started to gather pace more recently, in particular with regards to the right’s role and function in the face of unprecedented socio-technological developments. However, even in the limited context of the ECHR, research and practice concerning the right to FOT are embryonic. This is partially due to uncertainty concerning its content, considering that there is no definition of ‘thought’, which in turn relates to doubts concerning its particular context of application. Especially from a practitioner's perspective cases do not yet appear to have emerged within the ambit of the ECtHR where a claim was based on the right to FOT as such, rather than its ‘sister rights’ freedom of conscience and freedom of religion. Another reason for the hesitant engagement with the right to FOT is the perception that thoughts only appertain to the inner realm of a person’s identity (forum internum) and are thus beyond the reach of legal regulation.