Browsing School of Law (Scholarly Articles) by Subject "Law"
Now showing items 1-20 of 64
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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
(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
(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 ... -
Algorithms and the rule of law
(Cambridge University Press, 2017-10-05)In this short article Ronan Kennedy explores fundamental issues surrounding the use of algorithms in the context of the rule of law in our society. He states, The issues that are buried in these systems should be a matter ... -
American and Irish perspectives on collaborative practice
(Thomson Reuters Round Hall, 2011)In their Report on Alternative Dispute Resolution,1 the Law Reform Commission (LRC) have recognised Collaborative Practice as “an emerging method of advisory dispute resolution”,2 where, “the negotiation becomes client ... -
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 ... -
Can housing rights be applied to modern housing systems?
(Emerald, 2010-05)Purpose - The purpose of this paper is to outline and examine the growing corpus of housing rights and assess their relevance and applicability to complex contemporary housing systems across the world. Design/methodo ... -
Can international housing rights based on public international law really impact on contemporary housing systems?
(Ashgate, 2010-12)The concept of home advances a new basis for evaluating housing rights, emphasising their human and personal benefits. Housing rights address, at a national, regional and global level, displacement and dispossession, as ... -
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) ... -
Climate change law and policy after Copenhagen
(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 ... -
Climate Change Law and Policy in Ireland
(Finnish Society for Environmental Law, 2011) -
The conveyancing conundrum: Reviewable dispositions and the in camera rule. I
(Roundhall Sweet & Maxwell, 2003) -
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 ... -
E-regulation and the rule of law: smart government, institutional information infrastructures, and fundamental values
(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 ... -
The Employment Equality Act 1998 (Ireland).
(Oxford University Press, 2000-09)The Employment Equality Act, 1998, came into force in Ireland on 18 October 1999, following a prolonged period of preparation necessary to establish the new equality enforcement mechanisms and bodies prescribed by the ... -
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 ... -
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 ... -
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 ... -
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 ...