Browsing School of Law (Scholarly Articles) by Issue Date
Now showing items 21-40 of 103
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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 ... -
Review of the Legal Framework Applicable to Marine Protected Areas as a Tool for Ecosystem Conservation & Fisheries Management
(2006)This chapter reviews the legal basis in a number of international and European legal instruments underpinning the establishment of Marine Protected Areas (MPAs) as a tool for ecosystem conservation and fisheries ... -
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 ... -
Charging for public participation: fees for submissions or observations on Environmental Impact Assessment
(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) ... -
Corr v IBC - Civil liability and employee suicide
(Clarus Press, 2007)The English Court of Appeal decision in Corr v IBC Vehicles Ltd1 held that an employer could be found liable for the suicide of an employee. 2 Sedley and Wilson LJJ (with Ward LJ dissenting) overturned the trial court ... -
Irish matrimonial property division in practice: a case study
(Oxford University Press, 2007)This article analyses patterns of property division on marital breakdown in Ireland. At present, little information is available on the operation of marital breakdown legislation (the Family Law Act 1995 and the Family Law ... -
Imputed Criminal Liability and the Goals of International Justice
(Leiden Journal of International Law, 2007)This article considers the suitability of employing particular modes of imputed criminal liability in trials before international criminal tribunals. It focuses specifically on the doctrines of joint criminal enterprise ... -
Access to justice under the Århus Convention and Irish judicial review
(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 ... -
Possible Irish responses to climate change
(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 ... -
Paternity fraud and the tort of deceit
(Clarus Press, 2008)Recent cases in England, Australia and the United States have seen efforts to expand the tort of deceit to allow a remedy in cases of paternity fraud. The tort of deceit has traditionally applied to commercial transactions ... -
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 ... -
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 ... -
Virtual rights? property in online game objects and characters
(Taylor & Francis, 2008-07-18)The new industry of Massively Multi-Player Online Role-Playing Games (MMORPGs) brings together two sets of fictions: the interactive stories of shared computer games and the legal devices of intellectual property. In these ... -
The Irish national climate change strategy: new laws, future policies?
(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 ... -
Regulating marine biodiscovery in sea areas under coastal state jurisdiction
(Martinus Nijhoff, 2009)Marine biodiscovery is the examination of marine biological material for features that may be of value for commercial purposes. These features may include chemical compounds, genes and their products or, in some cases, ... -
The Anthropocene, autopoiesis and the disingenuousness of the genuine link: Addressing enforcement gaps in the legal regime for areas beyond national jurisdiction.
(Martinus Nijhoff, 2009)The Netherlands has a long and proud tradition of scholarship in the law of the sea that traces its roots back to Hugo de Groot. This tradition is exemplified by the work carried out over the last two decades by the ... -
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 ... -
Land law, property, housing and the environment.
(Jordan Publishing Ltd, 2009)This chapter considers the possible impact of the European Convention on Human Rights Act 2003 (ECHR Act) on Irish law in selected areas of land and property, planning, housing and environment law1 - areas associated ... -
‘Substantial Interest’ requirement for judicial review of planning decisions: Harding v Cork County Council and An Bord Pleanála and Xces Projects Ltd now known as Kinsale Harbour Developments Ltd [2008] IESC 27; [2008] 2 ILRM 251
(SAGE Publications, 2009-02)The Supreme Court of Ireland recently considered the criteria by which a person may be said to have a “substantial interest” (which is the statutory requirement) in a planning matter which is sufficient to allow that person ...