Browsing School of Law (Scholarly Articles) by Title
Now showing items 27-46 of 103
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The European approach to integrated management: are there lessons for the China Seas region?
(Martinus Nijhoff, 2006)The terrible events and human tragedy of the tsunami in the Indian Ocean on December 26, 2004, brought home to the world the unpredictable nature of the ocean in relation to affairs of mankind. It was a timely reminder ... -
European Family Law: the Beginning of the End for "Proper" Provision?
(2012-06)European law has become increasingly relevant to Irish family law issues. The measures in question are wide-ranging, covering matters as diverse as the enforcement of maintenance decisions in other Member States, the ... -
An expanded definition of environmental information? Minch v Commissioner for Environmental Information [2016] IEHC 91
(SAGE Publications, 2016)A recent Irish High Court decision has overturned a decision of the Commissioner for Environmental Information not to grant access to a report on broadband networking infrastructure on the grounds that the document sought ... -
Extra-judicial Comment by Judges
(Judicial Studies Institute, 2005)This article looks at recent occasions where extrajudicial speech has been the subject of public comment in Ireland. It then examines case law from other jurisdictions, focusing on examples from common law countries and ... -
Family law and the corporate veil: accessing company assets on marital breakdown after Prest v. Petrodel Resources Ltd
(Dublin University Law Journal, 2014)When, if ever, can a company’s assets be used to meet the family law liabilities of private persons? This question has arisen infrequently in Irish law, perhaps because family lawyers tend to assume that assets held by ... -
Financial provision on relationship breakdown in Ireland: A constitutional lacuna?
(Dublin University Law Journal, 2013)In recent decades, legislation has had an extraordinary impact on personal property rights in the context of marital and relationship breakdown. Initially under the Judicial Separation and Family Law Reform Act 1989, and ... -
A Flood of Light: Comments on the Interpretation Act 2005
(Judicial Studies Institute, 2006)The Interpretation Act 2005 consolidates previous legislation and contains some new provisions inspired by a Law Reform Commission report. These may bring about a subtle but significant change in the methods of statutory ... -
Freedom to negotiate: a proposal extricating 'capacity' from 'consent'
(Cambridge University Press, 2017-03-15)In this paper, we seek to radically reframe the legal construct of consent from a disability perspective. Drawing on feminist scholarship and human rights standards around free and informed consent', we apply a concept of ... -
Fundamental Rights Protection in the European Union post Lisbon Treaty
(Fondation Robert Schuman, 2010-06-14)With the entry into force of the Lisbon Treaty last December, the EU Charter of Fundamental Rights has finally become a legally binding and core element of the Union's legal order. This is not, however, the sole major ... -
Globalization and housing rights
(Indiana University Press, 2008-06)This article seeks to explore the relationship between the growing phenomenon of globalization and the field of housing rights. I begin with a general description of globalization, and move on to discuss its effect on ... -
HERMES Promoting an Ecosystem Approach to the sustainable Use and Governance of Deep-Water Resources
(2009)HERMES is much more than a scientific research project. Te overall goal of the project is to improve the scientific basis for the sustainable use of Europe's offshore resources with due regard for the need to conserve ... -
The Housing (Miscellaneous Provisions) Act 2009.
(Roundhall Sweet & Maxwell, 2010-06)The Housing (Miscellaneous Provisions) Act 2009 (the 2009 Act)has updated and expanded many areas of social housing law. This takes place as the significance of social housing rises immeasurably within the financial rescue ... -
Housing and human rights
(Elsevier, 2011)Housing meets a primary human need and housing rights are now enshrined housing rights within international human rights law, regional and constitutional legal instruments. These rights extend beyond shelter, and encompass ... -
Housing rights - the new benchmarks for housing policy in Europe?
(American Bar Association, 2005-11)Rights to housing are regularly proposed as the solution to poor housing and homelessness by advocates and campaigning organizations. This approach is viewed as having the critical international acclaim and legal clarity ... -
Housing rights and human rights
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Housing rights in Ireland.
(Kluwer, 2003)Ireland has been the world leader in house price inflation since 1996, and has reached the highest level of home ownership among the OECD countries.1 Irish government housing policy has given the market a primary role in ... -
Housing rights: positive duties and enforceable rights at the European Court of Human Rights.
(Sweet & Maxwell, 2008)Discusses the European Court of Human Rights' development of a human rights perspective on positive obligations in the context of housing. Traces the move from traditional liberal concepts of negative rights, the influence ... -
Improving fishery law enforcement in marine protected areas.
(Springer, 2010-02)There are several international and European legal instruments which provide a legal basis for the establishments of marine protected areas (MPAs) for the purpose of improving fishery management in the marine environment. ...