Browsing School of Law (Scholarly Articles) by Author "|~|"
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Access to Justice under Irish Environmental Impact Assessment Law: Case C-427/07 Commission v Ireland European Court of Justice (Second Chamber), 16 July 2009 [2010] Env LR 8
Kennedy, Rónán (SAGE Publications, 2010-05)Ireland was recently found not to have fully implemented Directive 85/337 on the assessment of the effects of certain public and private projects on the environment (the EIA Directive) and Directive 2003/35 (the Århus ... -
Access to justice under the Århus Convention and Irish judicial review
Kennedy, Rónán (SAGE Publications, 2008)The case of Sweetman v An Bord Pleanála, decided in the High Court of Ireland in April 2007, raises a number of interesting issues regarding the scope of Directive 2003/35/EC on public participation in respect of the ... -
Ante-nuptial Agreements and "Proper Provision": An Irish Response to Radmacher v Granatino
Buckley, Lucy-Ann (Round Hall Sweet & Maxwell, 2011-04)Irish law makes little reference to the principle of self-determination in relation to financial provision on matrimonial breakdown. The Family Law Act 1995 and the Family Law (Divorce) Act 1996 place some emphasis on ... -
Charging for public participation: fees for submissions or observations on Environmental Impact Assessment
Kennedy, Rónán (SAGE Publications, 2007)In case C-216/05, Commission v Ireland, the European Court of Justice (ECJ) ruled that Irish legislation which required the payment of a fee by those making submissions regarding an environmental impact assessment (EIA) ... -
Climate change law and policy after Copenhagen
Kennedy, Rónán (Round Hall, 2010)This article deals with recent developments in climate change law and policy. It examines the likely future developments in international negotiations for a successor to the Kyoto Protocol; briefly summarises climate ... -
E-regulation and the rule of law: smart government, institutional information infrastructures, and fundamental values
Kennedy, Rónán (IOS Press, 2016-02-15)Information and communications technology (ICT) is increasingly used in bureaucratic and regulatory processes. With the development of the Internet of Things , some researchers speak enthusiastically of the birth of the ... -
European Family Law: the Beginning of the End for "Proper" Provision?
Buckley, Lucy-Ann (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
Kennedy, Rónán (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 ... -
Family law and the corporate veil: accessing company assets on marital breakdown after Prest v. Petrodel Resources Ltd
Buckley, Lucy-Ann (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?
Buckley, Lucy-Ann (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 ... -
Freedom to negotiate: a proposal extricating 'capacity' from 'consent'
Brosnan, Liz; Flynn, Eilionóir (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 ... -
The Irish national climate change strategy: new laws, future policies?
Kennedy, Rónán (Round Hall, 2009)This paper is an overview of climate change law and policy in Ireland. It sketches the background to the international agreements covering climate change emissions. It also gives a brief summary of relevant European ... -
The judiciary in public debates: the sound of silence?
Kennedy, Rónán (Sweet & Maxwell/Round Hall, 2011)The judiciary's approach to communicating with the public it serves has to change. If it does not--if our voice remains silent in debates on public policy, and we become irrelevant to the process--we have only ourselves to blame. -
Legal Aspects of Ecosystem-Based Marine Management in Europe
Long, Ronan (Hijhoff, 2012)The European Union is currently developing an elaborate regulatory framework for the implementation of an ecosystems-based approach to the management of human activities in the marine environment with a view to halting the ... -
New ideas or false hopes? : International, European, and Irish climate change law and policy after the Paris Agreement
Kennedy, Rónán (Round Hall, 2016)This article is an overview and summary of recent developments in international, European and Irish climate change law and policy. It places the recently-concluded Paris Agreement in the context of the US-China Deal on ... -
No three strikes for Ireland (yet): EU Copyright Law and individual liability in recent internet filesharing litigation
Kennedy, Rónán (Wolters Kluwer, 2011)This article is a summary of recent Irish cases involving peer-to-peer file-sharing. These cases are another step in the ongoing development of this fast-changing area of the law, and raise some interesting questions about ... -
Possible Irish responses to climate change
Kennedy, Rónán (Kluwer Law International, 2008)Climate change is becoming a very important political, social and economic issue. Recent weeks have seen the publication of the Intergovernmental Panel on Climate Change’s Fourth Assessment Report, with predictions of ... -
Recognising legal capacity: commentary and analysis of Article 12 CRPD
de Bhailís, Clíona; Flynn, Eilionóir (Cambridge University Press, 2017-02-15)This paper aims to summarise the current understanding and literature around Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). It provides a brief history of the key terms associated with the ... -
Regulating Marine Scientific Research in the European Union: It Takes More Than Two to Tango
Long, Ronan (Martinus Nijhoff Publishers, 2012)The EU and the Member States are party to the 1982 United Nations Convention on the Law of the Sea. The EU has been a long-standing proponent of the conceptual underpinnings of the 1982 Convention as a package deal ...