Research Methodologies in EU and International Law

Research Methodologies in EU and International Law

This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law.

Author: Tamara Hervey

Publisher: Bloomsbury Publishing

ISBN: 9781847316417

Category: Law

Page: 144

View: 398

Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.
Categories: Law

Research Methodologies in EU and International Law

Research Methodologies in EU and International Law

The second edition of this book examines the law relating to employment industrial relations, and labour market regulation in the United Kingdom, including relevant dimensions of EC law and policy.

Author: Robert Cryer

Publisher: Hart Pub Limited

ISBN: 1841132357

Category: Law

Page: 143

View: 156

The second edition of this book examines the law relating to employment industrial relations, and labour market regulation in the United Kingdom, including relevant dimensions of EC law and policy.
Categories: Law

Research Methodologies in EU and International Law

Research Methodologies in EU and International Law

This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law.

Author: Robert Cryer

Publisher:

ISBN: 1472560914

Category: International law

Page:

View: 253

Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.
Categories: International law

Pluralising International Legal Scholarship

Pluralising International Legal Scholarship

The Promise and Perils of Non-Doctrinal Research Methods Rossana Deplano ... entitled Research Methodologies in EU and International Law,9 provides a ...

Author: Rossana Deplano

Publisher: Edward Elgar Publishing

ISBN: 9781788976374

Category: Law

Page: 224

View: 868

This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.
Categories: Law

Research Methods in Environmental Law

Research Methods in Environmental Law

More detailed historical studies will of course be capable of unearthing much ... Research Methodologies in EU and International Law (Hart Publishing 2011) ...

Author: Andreas Philippopoulos-Mihalopoulos

Publisher: Edward Elgar Publishing

ISBN: 9781784712570

Category:

Page: 608

View: 791

This timely Handbook brings innovative, free-thinking and radical approaches to research methods in environmental law. With a comprehensive approach it brings together key concepts such as sustainability, climate change, activism, education and Actor-Network Theory. It considers how the Anthropocene subjects environmental law to critique, and to the needs of the variety of bodies, human and non-human, that require its protection. This much-needed book provides a theoretically informed analysis of methodological approaches in the discipline, such as constitutional analysis, rights-based approaches, spatial/geographical analysis, immersive methodologies and autoethnography, which will aid in the practical critique and re-imagining of Environmental Law.
Categories:

International Law and History

International Law and History

More recently, the volume Research Methodologies in EU and International Law (2011) offered a much wider list of 'theories, methodology [and] approaches', ...

Author: Ignacio de la Rasilla

Publisher: Cambridge University Press

ISBN: 9781108473408

Category: Law

Page: 374

View: 446

The first contemporary historiography of international law and an essential methodological guide for researching international legal history.
Categories: Law

Research Methods in Law

Research Methods in Law

3 Cryer, R., T. Hervey, B. SokhiBulley, Research Methodologies in EU and International Law,Oxford:Hart,2011,p.5. 4 See Oxford English Dictionary Online: ...

Author: Dawn Watkins

Publisher: Routledge

ISBN: 9781135051372

Category: Law

Page: 160

View: 932

The aim of this book is to explain in clear terms some of the main methodological approaches in legal research. This is an edited collection, with each chapter written by specialists in their field, researching in a variety of jurisdictions. Each contributor addresses the topic of "lay decision makers in the legal system" from one particular methodological perspective, explaining how they would approach the issue and discussing why their particular method might, or might not, be suited to this topic. In asking all contributors to focus on the same topic, the editors have sought to provide a common link throughout the text, thereby providing the reader with an opportunity to draw comparisons between methods with relative ease. In light of the broad geographical range of its contributors, the book is aimed at an international readership. This book will be of particular interest to PhD students in law, but it will also be of use to undergraduate dissertation students in law, LL.M Research students as well as prospective PhD students and early year researchers.
Categories: Law

Research Methods in International Law

Research Methods in International Law

mechanisms used to build the European Union (in particular in the original form of the European Economic Community).51 Obviously, for some, ...

Author: Deplano, Rossana

Publisher: Edward Elgar Publishing

ISBN: 9781788972369

Category: Law

Page: 544

View: 650

This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
Categories: Law

Environmental Change Forced Displacement and International Law

Environmental Change  Forced Displacement and International Law

from legal protection gaps to protection solutions Isabel M. Borges ... (2011) “Research Methodologies in EU and International Law” (Hart Publishing).

Author: Isabel M. Borges

Publisher: Routledge

ISBN: 9781351361798

Category: Law

Page: 258

View: 685

This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.
Categories: Law

International Law Theories

International Law Theories

Ways of Thinking about International Law 20 same token, I do not believe that the ... Bal, (eds), Research Methodologies in EU and International Law (Hart ...

Author: Andrea Bianchi

Publisher: Oxford University Press

ISBN: 9780191038211

Category: Law

Page: 250

View: 116

Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
Categories: Law

Research Handbook on the European Union and International Organizations

Research Handbook on the European Union and International Organizations

The chapter adopts a 'law in context' approach in European Union law, to take into account the multidisciplinarity of EU law and its highly diverse ...

Author: Ramses A. Wessel

Publisher: Edward Elgar Publishing

ISBN: 9781786438935

Category:

Page: 720

View: 341

Over the years, the European Union has developed relationships with other international institutions, mainly as a result of its increasingly active role as a global actor and the transfer of competences from the Member States to the EU. This book presents a comprehensive and critical assessment of the EU’s engagement with other international institutions, examining both the EU’s representation and cooperation as well as the influence of these bodies on the development of EU law and policy.
Categories:

The Juridical Nature of Unilateral Acts of States in International Law

The Juridical Nature of Unilateral Acts of States in International Law

Thus, the book concludes that international legal practice is anything but ... B. Sokhi-Bulley, Research Methodologies in eu and International Law, ...

Author: Eva Kassoti

Publisher: BRILL

ISBN: 9789004300767

Category: Law

Page: 268

View: 487

In The Juridical Nature of Unilateral Acts of States in International Law Eva Kassoti explores the question of the legal nature of unilateral acts by focusing on their essential characteristics, namely unilateralism and the manifest intention to be bound.
Categories: Law

Public Private Partnerships and Responsibility under International Law

Public Private Partnerships and Responsibility under International Law

common criticism of positivism that it separates law from normative context.45 A ... Research Methodologies in EU and International Law (Hart 2011) 9–10).

Author: Lisa Clarke

Publisher: Routledge

ISBN: 9781317975380

Category: Law

Page: 270

View: 847

Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research institutes and philanthropic foundations (private sector), are forming to respond to pressing global health issues. These partnerships are managing activities that are normally regarded to be within the domain of states and international organizations, such as providing access to preventative and treatment measures for certain diseases, or improving health infrastructure within certain states to better manage the growing risk of disease. In the shadow of the success of these partnerships lies, however, the possibility of something going wrong and it is to this shadow that this book sheds light. This book explores the issue of responsibility under international law in the context of global health public-private partnerships. The legal status of partnerships under international law is explored in order to determine whether or not partnerships have legal personality under international law, resulting in them being subject to rules of responsibility under international law. The possibility of holding partnerships responsible in domestic legal systems and the immunity partnerships have from the jurisdiction of domestic courts in certain states is also considered. The obstacles to holding partnerships themselves responsible leads finally to an investigation into the possibility of holding states and/or international organizations, as partners and/or hosts of partnerships, responsible under international law in relation to the acts of partnerships. This book will be of interest to those researching and working in areas of global governance, especially hybrid public-private bodies; the responsibility under international law of states and international organizations; and also global health. It provides doctrinal clarification and practical guidance in a developing field of international law.
Categories: Law

European Intermediary Liability in Copyright A Tort Based Analysis

European Intermediary Liability in Copyright  A Tort Based Analysis

J M Smits, 'Rethinking Methods in European Private Law' in M Adams & J ... Research Methodologies in EU and International Law (Hart Publishing 2011) 38.

Author: Christina Angelopoulos

Publisher: Kluwer Law International B.V.

ISBN: 9789041168412

Category: Law

Page: 594

View: 247

In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Categories: Law

The Global Reach of EU Law

The Global Reach of EU Law

... Robert Cryer, Bal SokhiBulley, Alexandra Bohm, Research Methodologies in EU and International Law (Hart Publishing, 2011); Rob van Gestel, HansW.

Author: Elaine Fahey

Publisher: Routledge

ISBN: 9781315524078

Category: Law

Page: 158

View: 205

The EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field offering examples of ways and means in which the global reach of EU law can manifest itself in an evolving and sensitive field. Using this casestudy, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU law which make up our understanding of the global reach of EU law and develops further why global reach is important as a scientific phenomenon. The book will be a valuable resource for researchers and students in the areas of EU law, global governance and the study of law beyond the nation state.
Categories: Law

Bravery or Bravado The Protection of News Providers in Armed Conflict

Bravery or Bravado  The Protection of News Providers in Armed Conflict

Realizing Utopia, The Future of International Law, Oxford 2012a, pp. ... with Bohm Alexandra, Research Methodologies in eu and International Law, ...

Author: Nina Burri

Publisher: Hotei Publishing

ISBN: 9789004288850

Category: Political Science

Page: 468

View: 974

In Bravery or Bravado? The Protection of News Providers in Armed Conflict, Nina Burri offers the first comprehensive analysis on how international law protects professional and citizen journalists, photographers, cameramen and their support staff during times of war.
Categories: Political Science

International Law as a Profession

International Law as a Profession

To what extent does this distinction mark out international legal ... and A. Bohm, Research Methodologies in EU and International Law (Oxford: Hart, ...

Author: Jean d'Aspremont

Publisher: Cambridge University Press

ISBN: 9781107140394

Category: Law

Page: 484

View: 635

"International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may in different contexts play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveal a bilateral process whereby, on the one hand, the professionalization of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalization of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law"--
Categories: Law

International Human Rights Law and Crimes Against Women in Turkey

International Human Rights Law and Crimes Against Women in Turkey

______, Chinkin C, and Wright S, 'Feminist Approaches to International Law' ... Research Methodologies in EU and International Law (Hart Publishing, 2011).

Author: Ayşe Güneş

Publisher: Routledge

ISBN: 9781000297911

Category: Law

Page: 286

View: 320

This book evaluates the effectiveness of current international human rights law, and in particular the recent Istanbul Convention, in eradicating so-called honour killings in Turkey. So-called ‘honour killings’ have become an issue of concern for the international community. In Turkey, in particular, the practice still exists despite the adoption of the relevant human rights instruments. The book argues that the improvement of the status of women in Turkey in accordance with gender equality as well as the application of the principle of state due diligence, both requirements of the Istanbul Convention and international human rights law, are fundamental means towards eradicating the killing of women in the name of ‘honour’. Using feminist approaches, in particular the intersectionality approach, the study looks at the application of such standards as well as the current obstacles. Through such a lens, the study discusses the strengths and weaknesses of the Turkish Constitution, Turkish Civil Code, Turkish Penal Code and Law to Protect Family and Prevent Violence Against Women and questions the judicial approach to the implementation of the women’s right to life. It identifies the lacunae in the Turkish legislation that allow inadequate legal protection for women and the inconsistency of the judicial approach to the definition of the so-called honour killings in the judgements. The study then recommends some concrete amendments to the relevant legal provisions in order to better reflect the international framework and the feminist approaches. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights law and feminist legal theory.
Categories: Law

The Actors of Postnational Rule Making

The Actors of Postnational Rule Making

Contemporary challenges of European and International Law Elaine Fahey ... Research Methodologies in EU and International Law (Oxford: Hart Publishing, ...

Author: Elaine Fahey

Publisher: Routledge

ISBN: 9781317515869

Category: Law

Page: 242

View: 866

Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.
Categories: Law

EU Health Law Policy

EU Health Law   Policy

(1998) Common Market Law Review 25 237–62 Búrca, G. de 'Towards European Welfare' in ... Research Methodologies in EU and International Law (Oxford: Hart, ...

Author: Anniek de Ruijter

Publisher: Oxford University Press

ISBN: 9780191092152

Category: Law

Page: 248

View: 822

Whether there is a public health need for the containment and response to swine flu, or an individual need to access health care across the border for a hip operation to alleviate pain, the EU has an increasingly powerful role in the field of human health. Health law and policy is deeply tied into fundamental rights, bioethics and values, with important implications for individuals. However, it is also an expansive area of economic regulation, of social and state arrangements. The growing role of the EU in human health law and policy is contested, particularly as it has implications for the fundamental rights and values that are enshrined in national health law and policy. This book outlines, through case studies, how the expansion of EU power is taking place through law and policy, in both public health and health care. How is law and policy in the field of human health adopted, who are the institutional actors involved, and what is the impact of these developments for fundamental rights?
Categories: Law