Cultural Vandalism Akin to Ripping a Knife through a Rembrandt'?: A Critical Assessment of the Protections Afforded to Irish Cultural Rights under Ireland's Developing Heritage Laws
In: Irish Journal of Legal Studies, Band 6(1), S. 18–58
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In: Irish Journal of Legal Studies, Band 6(1), S. 18–58
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In: UKELA E-Law (96) September/October 2016: 19-22
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In: Environmental Law Review, Band 17(2), S. 128-135
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In: Queen's Political Review (2013) 1: 43-56
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In: Global energy law and policy volume 4
"This groundbreaking book collects contributions from many of the world's leading climate and energy law scholars and provides the first major study of national climate change acts. This cutting-edge type of legislation originated with the first Climate Change Act framework which was passed in the United Kingdom in 2008, and is intended to enable the law to grapple effectively with one of the great problems of our times, anthropogenic climate change. Since 2008, national framework climate legislation has been slowly but steadily emerging in countries across the world. This trailblazing collection employs a comparative analytical legal methodology and offers the first comprehensive study of this new, innovative form of legislative regime. In addition to containing broad internationalist chapters, deep-dive national case study chapters are included that focus on individual countries and provide analytical depth. A final chapter draws together the threads of the book's foregoing contributions to deduce generalisable conceptual insights based on current knowledge and experience. Uniquely, the book provides a conceptual model for climate change acts that can usefully inform the development of national framework climate legislation in all countries"--
In: International journal of cultural property, Band 20, Heft 1, S. 23-48
ISSN: 1465-7317
AbstractCharles Byrne was an eighteenth-century celebrity "Irish giant" who requested burial upon nearing death, but whose corpse was procured against his wishes by the surgeon John Hunter. Hunter reduced Byrne's corpse to its skeleton and exhibited it as the centerpiece of his vast anatomical collection. It has since remained on display in the Hunterian Museum, London. In 2011 it was announced that research conducted on the skeleton's DNA has revealed that several Northern Irish families share a common ancestry with Byrne. This article considers the legal issues raised by Byrne's story. The results of fieldwork undertaken by the author in Byrne's native townland are also discussed, where folk tradition suggests that Byrne wished to be buried foremost at a local site remembered today as "the Giant's Grave."
In: Environment and planning. C, Politics and space, Band 35, Heft 7, S. 1176-1197
ISSN: 2399-6552
The UK has a 'national' strategy to decarbonise its energy sector, yet the transfer of key responsibilities to its Devolved Administrations has meant that they control many of the powers that determine the rate and extent of the decarbonisation process. This reflects an asymmetrical distribution of legal responsibilities that has cast a complex range of powers 'downward' from the national sphere to subnational scales and which plays a crucial role in shaping the agency at different levels of the UK's energy governance. This paper provides a detailed exploration of the UK's 'Energy Constitution' as a means of examining the way in which the complex legal framework of devolution shapes the spatial organisation of the UK's low carbon transition. Previous research on the low carbon transition has remained largely 'lawless' and as such has tended to overlook how the legal regimes governing energy both produce space and are shaped by its geographic context. The paper therefore develops a more nuanced understanding of the spatiality, territorialisation and scaling of UK energy governance to highlight a nexus of ambiguity and partial power allocation distributed across a plurality of overlapping 'legal' jurisdictions. This raises fundamental questions over how UK constitutional arrangements reify the territoriality of energy governance and structure the relationships between national and subnational multi-level decarbonisation processes.
Debates around the impacts of the UK's exit from the European Union ('Brexit') have exposed the limited critical attention given to how planning systems intersect with environmental protection. This is an important omission, especially given deregulatory pressures on both planning and environment in many countries. In response, this paper uses documentary, interview and focus group data, to conceptualise different regulatory styles governing the environment-planning interface, and assess UK planning practitioner attitudes to EU environmental legislation and scenarios for future change. The data show practitioners largely supporting the fixed standards and robust oversight characteristic of EU environmental regulatory styles, anxious about deregulation, and interested in procedural flexibility. More fundamentally, it also reveals the compromises struck in regulatory design, and the importance of concrete development-environment challenges in constructing arguments for change. Consequently, planning occupies a pivotal position within wider debates about new environmental policy fixes, warranting more extensive professional discussion
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In: Cowell , R , Ellis , G , Fischer , T , Jackson , T , Thomas , M & Sykes , O 2020 , ' Integrating Planning and Environmental Protection: An Analysis of post-Brexit Regulatory Styles and Practitioner Attitudes in the UK ' , Planning Theory and Practice , vol. 21 , no. 4 , pp. 570-590 . https://doi.org/10.1080/14649357.2020.1801819
Debates around the impacts of the UK's exit from the European Union ('Brexit') have exposed the limited critical attention given to how planning systems intersect with environmental protection. This is an important omission, especially given deregulatory pressures on both planning and environment in many countries. In response, this paper uses documentary, interview and focus group data, to conceptualise different regulatory styles governing the environment-planning interface, and assess UK planning practitioner attitudes to EU environmental legislation and scenarios for future change. The data show practitioners largely supporting the fixed standards and robust oversight characteristic of EU environmental regulatory styles, anxious about deregulation, and interested in procedural flexibility. More fundamentally, it also reveals the compromises struck in regulatory design, and the importance of concrete development-environment challenges in constructing arguments for change. Consequently, planning occupies a pivotal position within wider debates about new environmental policy fixes, warranting more extensive professional discussion.
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In: Cowell , R , Ellis , G , Fischer , T , Jackson , T , Muinzer , T & Skyes , O 2019 , Environmental Planning after Brexit : Working with the legacy of EU environmental directives . Royal Town Planning Institute , London .
The June 2016 referendum result in favour of leaving the European Union (EU) has created a high level of openness about the future trajectory of many policy areas in the UK. The opportunities and risks are especially significant for the environment, given the profound effects of EU legislation on domestic policy and, in turn, for the way that environmental legislation interfaces with planning. The question that guides this research is: how should the relationship between EU environmental legislation and the planning systems of the UK evolve, post Brexit? Can the relationship be improved, either by simplification or the identification of better ways of achieving environmental goals? Thinking on this issue starts from a low base. Despite forty years of EU membership, the interface between European environmental legislation and planning has evolved piecemeal over 40 years, with little strategic reflection on how these two sets of institutions interact. There is also urgency. Although the scope for making legislative changes will be affected by the kind of withdrawal agreements and trade deals that ultimately are struck, key aspects of domestic Brexit-driven legislation are being formed now – such as The Environment (Principles and Governance) Bill (2018) – with major implications for how environmental policy and planning intersect into the future.
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In: The journal of sustainable development law and policy, Band 12, Heft 2, S. 157-189
ISSN: 2467-8392
Climate change poses a serious threat to the development of the current and future generations. Therefore, Carbon Dioxide Capture, Transportation, Utilization and Storage (CCUS) has emerged as an essential tool to mitigate such impacts of global warming along with other initiatives and strategic decisions such as energy transition and conservation, sustainable practices amongst others. This article is focused on the CCUS practices and more specifically the peculiarities of CCUS vis-à-vis the standardization rules at the International Organization for Standardization (ISO). The main question this article aims to address is to determine if CCUS should have its own standing technical committee (TC) or if it should be somehow related to the existing Carbon Capture and Storage (CCS) technical committee.