Skip to main content

Research Repository

Advanced Search

Outputs (206)

Cross-border insolvency and rescue law theory: moving away from the traditional debate on universalism and territorialism (2018)
Journal Article
Ghio, E. (2018). Cross-border insolvency and rescue law theory: moving away from the traditional debate on universalism and territorialism. International Company and Commercial Law Review, 29(12), 713-724

Suggests why the EU framework for cross-border insolvency and rescue law, based on territorialism or universalism, should be replaced by a structure reflecting current realities. Discusses the benefits and drawbacks of territorialism and universalism... Read More about Cross-border insolvency and rescue law theory: moving away from the traditional debate on universalism and territorialism.

The Problem of the Authority of the International Criminal Court (2018)
Journal Article
Moran, C. F. (2018). The Problem of the Authority of the International Criminal Court. International Criminal Law Review, 18(5), 883-901. https://doi.org/10.1163/15718123-01805001

This research examines the problem of the authority of the International Criminal Court (ICC), focusing on its claim to jurisdiction as its primary exercise of authority. The research questions the basis of the Court's authority, beginning with an an... Read More about The Problem of the Authority of the International Criminal Court.

Early attempts at codifying the Japanese civil law during the Meiji period and their historical and political background (2018)
Journal Article
Piegzik, M. (2018). Early attempts at codifying the Japanese civil law during the Meiji period and their historical and political background. Folia Iuridica Universitatis Wratislaviensis, 7(1), 137–160. https://doi.org/10.23734/FIUW.2018.1.137.160

The main goal of this article is to present early attempts to codify the Japanese civil law during 1868-1890 in scope of historical and political background. During the period 1639-1868, under the regime of insulating acts, Japan remained a country... Read More about Early attempts at codifying the Japanese civil law during the Meiji period and their historical and political background.

At the origins of Japanese nationalism and militarism: the kokutai doctrine in the political life of the Empire of Japan, 1867–1945 (2018)
Journal Article
Piegzik, M. (2018). At the origins of Japanese nationalism and militarism: the kokutai doctrine in the political life of the Empire of Japan, 1867–1945. Studia nad Autorytaryzmem i Totalitaryzmem, 40(2), 27–58. https://doi.org/10.19195/2300-7249.40.2.2

The main goal of this article is to present the historical development of the kokutai doctrine pol. national policy, which emerged in the Empire of Japan in 1867–1945 and which was one of the ideological foundations of the Japanese internal and forei... Read More about At the origins of Japanese nationalism and militarism: the kokutai doctrine in the political life of the Empire of Japan, 1867–1945.

Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars (2018)
Book Chapter
Morgera, E., & Gillies, L. (2018). Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars. In V. Ruiz Abou-Nigm, K. McCall-Smith, & D. French (Eds.), Linkages and Boundaries in Public and Private International Law (175-198). Hart: Bloomsbury. https://doi.org/10.5040/9781509918652.ch-008

This chapter maps little-studied interactions between public and private international law by comparing experiences in using private contracts to specify the meaning of international environmental treaty objectives that relate to equity (namely, fair... Read More about Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars.

Cognitive Behavioral Therapy for antipsychotic-free schizophrenia spectrum disorders: Does therapy dose influence outcome? (2018)
Journal Article
Spencer, H. M., McMenamin, M., Emsley, R., Turkington, D., Dunn, G., Morrison, A. P., Brabban, A., Hutton, P., & Dudley, R. (2018). Cognitive Behavioral Therapy for antipsychotic-free schizophrenia spectrum disorders: Does therapy dose influence outcome?. Schizophrenia Research, 202, 385-386. https://doi.org/10.1016/j.schres.2018.07.016

This study investigated the effect of “dose” and the components of Cognitive Behavioral Therapy (CBT) on treatment effects. It is a secondary analysis of the ACTION (Assessment of Cognitive Therapy Instead of Neuroleptics) trial which investigated CB... Read More about Cognitive Behavioral Therapy for antipsychotic-free schizophrenia spectrum disorders: Does therapy dose influence outcome?.

Pushing the theoretical boundaries of restorative justice: Non-sovereign justice in radical political and social theories (2018)
Book Chapter
Maglione, G. (2018). Pushing the theoretical boundaries of restorative justice: Non-sovereign justice in radical political and social theories. In T. Gavrielides (Ed.), Routledge International Handbook of Restorative Justice. Routledge

This chapter is an exercise in political and ethical imagination. It starts from the premise that the recent centralised institutionalisation of restorative justice has outstripped this field of its radical political-ethical potential. The process... Read More about Pushing the theoretical boundaries of restorative justice: Non-sovereign justice in radical political and social theories.

Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights? (2018)
Journal Article
Macfarlane, L.-A. (2018). Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?. Juridical Review, 75-97

Article 3 of the United Nations Convention on the Rights of the Child provides that the child’s ‘best interests… shall be a primary consideration’ in all actions concerning the child. The United Nations Committee on the Rights of the Child has indic... Read More about Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?.

Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland (2018)
Journal Article
Stavert, J. (2018). Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland. Laws, 7(3), Article 26. https://doi.org/10.3390/laws7030026

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) highlights the need to actively remove obstacles to, and promote, the full and equal enjoyment of human rights by persons with disabilities. This is challenging us to rev... Read More about Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland.

Employer Responses to Dementia in the Workplace in Scotland (2018)
Report
Stavert, J., Egdell, V., Ritchie, L., Danson, M., Cook, M., & Tolson, D. (2018). Employer Responses to Dementia in the Workplace in Scotland. Scotland: Edinburgh Napier University

The reported study investigated how Scottish-based employers from different sectors respond to staff with dementia. Dementia is, and will increasingly be, a workplace issue as populations’ age, working lives extend and there is better recognition of... Read More about Employer Responses to Dementia in the Workplace in Scotland.

A perspective on the Rome Statute's defence of duress: The role of imminence (2018)
Journal Article
Moran, C. F. (2018). A perspective on the Rome Statute's defence of duress: The role of imminence. International Criminal Law Review, 18(1), 154-177. https://doi.org/10.1163/15718123-01801001

The concept of duress encapsulated in Article 31(1)(d) of the Rome Statute of the International Criminal Court is a novel inclusion in a statute created to allow prosecution of serious crimes against the person in international criminal law. Despite... Read More about A perspective on the Rome Statute's defence of duress: The role of imminence.

Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development (2018)
Journal Article
Barnes Macfarlane, L.-A. (2018). Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development. Edinburgh Law Review, 22(1), 101-107. https://doi.org/10.3366/elr.2018.0458

"A letter", Nietzsche once wrote, "is an unannounced visit, the postman the agent of rude surprises". Given the extremely personal nature of many family law judgments, it is rare and rather surprising when parties, their children or, indeed, the judi... Read More about Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development.

Mental Health Law in a Global Context (2017)
Book Chapter
Stavert, J. (2017). Mental Health Law in a Global Context. In The Palgrave Handbook of Sociocultural Perspectives on Global Mental Health (329-349). Palgrave Macmillan

No abstract available.

The criminal justice system in Scotland (2017)
Book Chapter
Morrison, K. (2017). The criminal justice system in Scotland. In Case, Johnson, Williams, Smith, & Manlow (Eds.), Criminology. Oxford University Press

No abstract available.

Time to Renew the Debate on Cross-Border Insolvency Law: Out with Theoretical Ideals, In With Pragmatism (2017)
Book Chapter
Ghio, E. (2017). Time to Renew the Debate on Cross-Border Insolvency Law: Out with Theoretical Ideals, In With Pragmatism. In Harmonisation of European Insolvency Law: Papers from the INSOL Europe Academic Forum Annual Conference, Cascais, Portugal, 21-23 Sep 2016 (173-183). INSOL Europe

Over the last couple of decades, academics have vigorously debated which approach to cross-border insolvency is best. The debate usually centers on questions of predictability, certainty, national sovereignty, fairness and efficiency. In this academi... Read More about Time to Renew the Debate on Cross-Border Insolvency Law: Out with Theoretical Ideals, In With Pragmatism.