Law - Book chapters

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    Reenchanting practice : Stanley Fish and the challenge of virtue ethics
    (Hart Publishing, 2023) Cahill , Maria; O'Callaghan, Patrick; Bustamante, Thomas; Martin, Margaret
    In this chapter, we critique Stanley Fish’s essay Dennis Martinez and the Uses of Theory, a key contribution to the ‘Fish-Dworkin debate’. Our core argument is that Fish’s central distinction between engaging in a practice and discoursing on that practice is too sharp, and that the two corollary claims that he makes – that practice is not generated by theory and that theory does not offer a genuine account of how practice unfolds – fail to convince. Behind Fish’s distinction is an attempt to reframe practice: to uncouple it from the sort of abstract theorising that takes place in a vacuum and to throw light on how practitioners actually carry out their activities. In what follows, we also seek to reframe practice, perhaps even to reenchant it, by drawing on the depth and richness of conceptions of practice available in the fields of virtue ethics and virtue jurisprudence. In Part 1, we outline the central distinction, while in Part II we examine how Fish applies that distinction to the practice of judging. In Part III, we examine how well the distinction stands up against understandings of practice that emerge from the field of virtue ethics. In Parts IV and V, we critique Fish’s two corollary claims by reference to insights from virtue ethics and virtue jurisprudence.
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    An enchanted tool?: Humanitarian assistance and the ILC Draft Articles on the Protection of Persons in the Event of Disasters
    (Hart Publishing, 2012-05-28) Cubie, Dug; de Londras, Fiona; Mullally, Siobhán
    The overall aim of this article is to provide an analysis of the potential forms of international regulation open to the ILC and states in the context of humanitarian responses to disasters. However to avoid enchanting the ILC draft articles with unwarranted power, any examination of form requires an understanding of the substantive subject matter of the planned international regulation. This article will therefore provide an overview of the international legal regulation of humanitarian assistance following natural and human-made disasters, and the ILC’s work to date on the protection of persons in the event of disasters. It will then examine two key issues that remain to be addressed by the ILC and representatives of states in the UN General Assembly Sixth Committee as they debate the draft articles. Drawing on the UN Guiding Principles on Internal Displacement, the development and implications of binding and non-binding international texts will be examined, followed by an analysis of the suggested framework convention approach identified by the Special Rapporteur as a potential outcome of the ILC work.
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    Ireland and international law 2019
    (Hart Publishing, 2023) Cubie, Dug; de Londras, Fiona; Mullally, Siobhán
    On the 22nd January 1919, Ireland’s first Minister for Foreign Affairs, Count George Noble Plunkett, was appointed by the newly established Dáil É ireann. The year 2019 therefore represented the centenary of the Irish foreign service and the official development of bilateral diplomatic relationships, and provided an opportunity to reflect on the changes which Ireland and the world have seen in the past 100 years. At the commemoration event to mark the first sitting of Dáil Éireann, then Minister of State for European Affairs, Helen McEntee, TD, high-lighted the important contribution to Irish social, cultural and economic life made by people from all over the world who have made their homes in Ireland.
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    Ireland and international law 2018
    (Hart Publishing, 2020) Cubie, Dug; de Londras, Fiona; Mullally, Siobhán
    The far-reaching effects of the United Kingdom’s decision to leave the European Union continued to dominate political and public discourse in Ireland during 2018. Countless meetings, discussions and analyses were undertaken to prepare for the expected exit of the UK, and the impact of Brexit lurked as a shadow over much of the day-to-day work in the Department of Foreign Affairs and Trade. For example, the new policy on foreign affairs, Global Ireland: Ireland’s Global Footprint to 2025, published in June, explicitly flagged the need for Ireland to expand its range of international partners across Europe and globally. Equally, the government’s bid for a seat on the UN Security Council for the period 2021–22 reflected the core policy of multilateralism, as well as recognition of the need to maintain influence at the highest levels of international politics. However, Brexit did not dominate all activities during 2018. The changing dynamics of Irish emigration, with an increasing number of returning emigrants and broader geographic spread of destination countries prompted a review of the 2015 Global Irish – Ireland’s Diaspora Policy. Likewise, following a review of the Irish Aid programme by the Oireachtas Committee on Foreign Affairs and Trade, and Defence in February, the government launched a public consultation to identify priority areas for future international development assistance.
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    Ireland and international law 2016 and 2017
    (Hart Publishing, 2018) Cubie, Dug; de Londras, Fiona; Mullally, Siobhán
    Two key global events events had a profound effect on Ireland’s bilateral and multilateral relationships over the course of 2016 and 2017. First of all, despite the extensive preparatory work undertaken by the Irish Government and diplomats during 2015, the slim majority vote in favour of the United Kingdom leaving the European Union (‘ Brexit ’) on 23 June 2016 came as a surprise to many. The ramifications for Ireland resulting from Brexit, not least in terms of the status of the future border arrangements with Northern Ireland and the implications for Irish business, continue to be played out. Second, the election of Donald Trump as President of the United States of America on 8 November 2016 has impacted a multitude of foreign policy arenas, from the future of US multinational corporations in Ireland to global peace and security.