The question, therefore, is no longer whether the turn to automation in shipping takes place, but rather at what pace and in what form it will occur. The view that autonomous ships are not “technologies of passing interest”3 receives strong support from the fact that the International Maritime Organization (IMO) has invested significant resources in better understanding the legal impli…
The book examines the potential models of incorporation (ways of embedding rights into domestic law) for economic and social rights (ESR) at the national and devolved level and the justiciability mechanisms (adjudication by a court) that enable access to effective remedies in court for violations of ESR. In so doing the book develops principles of ESR adjudication (the building blocks of good p…
Mental health legislation has a lengthy history in most societies. Legislation commonly outlines the circumstances under which treatment without consent is permitted in psychiatric facilities. While the history of mental health legislation varies somewhat across jurisdictions, many saw significant expansions in mental health law during the nineteenth century, especially with the establishment o…
Is international climate change law softening? Our analysis of this question takes place against the backdrop of commentaries on the 2015 Paris Agreement as a hallmark of a new era whereby the legally binding structures of the top-down Kyoto Protocol are replaced by a softer, bottom-up framework for global climate governance
This Core Curriculum on Disability Rights for Undergraduate Law Students in Africa has been developed as part of a broader initiative to foster and strengthen knowledge and awareness about and interest in the rights of persons with disabilities among lawyers in Africa. This initiative, the ‘Disability Rights and Law Schools in Africa Project’ was supported by the Open Society Foundations, i…
The world in which we currently live is characterised by a multiplicity of challenges that we must face with urgency if we want to avoid future catastrophes. Those challenges, because of the globalisation of systems, have also become global challenges, and need global responses. One of the most important of those challenges faced by the current global community remains the environmental crisis,…
In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm o…
There are two broad schools of ethical theory: consequentialism and non-consequentialism. According to consequentialism, the right act is that act which has the best consequences. According to non-consequentialism, the rightness of an action is not solely determined by its consequences. (Though, most versions of non-consequentialism allow some ethical relevance of consequences). The most famous…
Socio-technical systems such as video conferencing, digital care work platforms, and electronic health records are taking an increasing role in mental health-related law, particularly since the COVID-19 pandemic. Reflecting on these experiments can help navigate an increasingly digital future for mental health services and the laws that govern them. This chapter looks to England and Wales, wher…
Liberale Völkerrechtskonzeptionen hatten nach dem Fall des Eisernen Vorhangs Konjunktur. Kantisch inspirierte Erwartungen auf eine liberale internationale Friedensordnung sowie ein erreichtes »Ende der Geschichte« (Fukuyama), i.e. ein ideologischer Sieg der westlichen Werte der Menschenrechte, der Demokratie und der Rechtsstaatlichkeit − ein Ende der ideologischen (Klassen-)Kämpfe − sin…