Relevant bibliographies by topics / International and municipal law – Northern Ireland

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'International and municipal law – Northern Ireland'

Author: Grafiati
Published: 10 March 2023

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Journal articles on the topic "International and municipal law – Northern Ireland"

1

O'Donoghue, Aoife, and Ben T. C. Warwick. "Constitutionally questioned: UK debates, international law and Northern Ireland." Northern Ireland Legal Quarterly 66, no. 1 (August 17, 2018): 93–104. http://dx.doi.org/10.53386/nilq.v66i1.145.

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This comment examines the proposed UK constitutional changes proffered following the no vote in the Scottish independence referendum from an international legal perspective. With a particular focus on the implications for Northern Ireland, this piece considers the possible consequences of further devolution, proposed federalism, changes to the UK’s relationship with the European Convention on Human Rights (ECHR), modifications of relations with the European Union (EU) and the potential effects of change to the relationship with the Republic of Ireland. In looking at these issues through the lens of international law, this comment brings a fresh perspective to questions of constitutional change for Northern Ireland.
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Flanagan, Ronnie. "Maintaining law and order in Northern Ireland." RUSI Journal 143, no. 4 (August 1998): 12–17. http://dx.doi.org/10.1080/03071849808446281.

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Craig, Elizabeth. "From soft to hard law?" Focaal 2010, no. 56 (March 1, 2010): 35–48. http://dx.doi.org/10.3167/fcl.2010.560103.

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This article explores the use of soft law by those involved in the drafting of a Bill of Rights for Northern Ireland, drawing in particular on the author's experiences as legal adviser to the Culture, Identity, and Language Working Group of the Northern Ireland Bill of Rights Forum. The article reflects on the extent to which the Council of Europe's Framework Convention for the Protection of National Minorities 1995 and other relevant international instruments can be considered as forms of international soft law. It then highlights controversies that have arisen in debates over the content and scope of provisions addressing culture, identity, and language issues in any future Bill of Rights for Northern Ireland.
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McEvoy, Kieran. "Prisoner Release and Conflict Resolution: International Lessons for Northern Ireland." International Criminal Justice Review 8, no. 1 (May 1998): 33–60. http://dx.doi.org/10.1177/105756779800800103.

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O’Rourke, Catherine. "Advocating Abortion Rights in Northern Ireland." Social & Legal Studies 25, no. 6 (December 2016): 716–40. http://dx.doi.org/10.1177/0964663916668249.

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It is frequently claimed that the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is more significant for the cultural, rather than legal, work that it does in reframing locally contested gender issues as the subject of international human rights. While this argument is well developed in respect of violence against women, CEDAW’s cultural traction is less clear in respect of women’s right to access safe and legal abortion. This article examines the request made jointly by Alliance for Choice, the Family Planning Association Northern Ireland and the Northern Ireland Women’s European Platform to the CEDAW Committee to request an inquiry under the CEDAW Optional Protocol into access to abortion in the jurisdiction. The study found that the CEDAW framework was useful in underpinning alliances between diverse pro-choice organizations but less effective in securing the support of ‘mainstream’ human rights organizations in the jurisdiction. The article argues that the local cultural possibilities of CEDAW must be understood as embedded within both the broader structural gendered limitations of international human rights law and persistent regressive gendered sub-themes within mainstream human rights advocacy.
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Donohue, Conor. "The Northern Ireland Question: All-Ireland Self-Determination Post-Belfast Agreement." Victoria University of Wellington Law Review 47, no. 1 (June 1, 2016): 41. http://dx.doi.org/10.26686/vuwlr.v47i1.4878.

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By the Belfast Agreement of 1998, the major parties involved in the Northern Ireland conflict agreed that the territorial status of Northern Ireland would be determined by the Northern Irish people and the people of the island of Ireland collectively. Although this Agreement is significant in shaping the right to self-determination in the all-Irish context, it contains within it many ambiguities. Many questions as to the nature, extent and effects of the right to self-determination in the all-Irish context still remain. These questions and issues which arise within the Agreement are resolvable with recourse to the customary international law of self-determination, particularly the law and practice relating to referenda. The Belfast Agreement is not simply of relevance in the Irish context. Rather, it offers an understanding of the limitations which may be imposed on the right to self-determination, and serves as a model for the resolution of self-determination disputes.
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Melo Araujo, Billy. "An analysis of the UK Government’s defence of the Northern Ireland Protocol Bill under international law." Northern Ireland Legal Quarterly 73, S2 (December 15, 2022): 89–118. http://dx.doi.org/10.53386/nilq.v73is2.1060.

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In the early summer of 2022, the United Kingdom (UK) Government introduced the Northern Ireland Protocol Bill in the House of Commons. This Bill establishes a regulatory framework that is intended to enable the UK Government to breach its obligations under the Withdrawal Agreement and, more specifically, the Ireland/Northern Ireland Protocol (the Protocol). The UK Government contends that the Bill can, however, be justified under international law by reference to both article 16 of the Protocol and the plea of necessity under customary international law. This article examines the extent to which the UK Government’s position is valid.
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Hunt, Paul, and Brice Dickson. "Northern Ireland's Emergency Laws and International Human Rights." Netherlands Quarterly of Human Rights 11, no. 2 (June 1993): 173–84. http://dx.doi.org/10.1177/016934419301100204.

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In this article, international law of human rights is used as a yardstick against which to measure the emergency provisions operating in Northern Ireland, where special trial procedures have been in place since 1973 for persons accused of terrorist offenses. In particular, the use of juries has been withdrawn, all matters of fact and law being decided instead by a single judge in the so called ‘Diplock’ courts. There are many unsatisfactory features of the emergency legislation associated with the Diplock court proceedings. Because of these features, it is probable that some defendants in the Diplock court system are not afforded the fair trial to which they are entitled under the international law of human rights. With respect to arrest, interrogation, the admissibility of confessions, the right of silence, access to family and lawyer, there is a risk that the requirements of a fair trial, as set out in Article 5 ECHR and Article 14 ICCPR, are not met. Also, the Northern Ireland's law on the use of lethal force may not comply with the European Convention's standard on protecting the right to life. The authors conclude that international human rights standards would be better protected in Northern Ireland if the European Convention on Human Rights were incorporated in domestic law. The British Government should ratify Protocol 4 to the Convention which would extend the rights guaranteed to individuals within the United Kingdom, and the first Optional Protocol to the ICCPR, thereby giving individuals an alternative mechanism for addressing violations of human rights.
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Viall, Claire. "Abortion Access in the Republic of Ireland and Northern Ireland: International Influence and Changing Laws?" Policy Perspectives 24 (May 4, 2017): 1. http://dx.doi.org/10.4079/pp.v24i0.17599.

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Access to abortion services in Northern Ireland and the Republic of Ireland is extremely restricted. Women have few options beyond traveling abroad and paying out of pocket to undergo an abortion. In the United Kingdom, abortion is legal up to 24 weeks and is largely free of cost under the National Health Service. While Northern Ireland is part of the United Kingdom, laws legalizing abortion do not apply, and abortion law has not changed since 1861. In 1983, the Republic of Ireland passed an amendment to its constitution equating the life of a mother with the life of an unborn fetus. Since then, several high-profile court cases were brought to the European Court of Human Rights, which has slowly expanded abortion access in the country.
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Warbrick, Colin, Dominic McGoldrick, and Geoff Gilbert. "I. The Northern Ireland Peace Agreement, Minority Rights and Self-Determination." International and Comparative Law Quarterly 47, no. 4 (October 1998): 943–50. http://dx.doi.org/10.1017/s002058930006262x.

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The Northern Ireland Peace Agreement1 was concluded following multi-party negotiations on Good Friday, 10 April 1998. It received 71 per cent approval in Northern Ireland and 95 per cent approval in the Republic of Ireland in the subsequent referenda held on Friday 22 May, the day after Ascension. To some, it must have seemed that the timing was singularly appropriate following 30 years of “The Troubles”, which were perceived as being between a “Catholic minority” and a “Protestant majority”. While there are some minority groups identified by their religious affiliation that do require rights relating only to their religion, such as the right to worship in community,2 to practise and profess their religion,3 to legal recognition as a church,4 to hold property5 and to determine its own membership,6 some minority groups identified by their religious affiliation are properly national or ethnic minorities–religion is merely one factor which distinguishes them from the other groups, including the majority, in the population. One example of the latter situation is to be seen in (Northern) Ireland where there is, in fact, untypically, a double minority: the Catholic-nationalist community is a minority in Northern Ireland, but the Protestant-unionist population is a minority in the island of Ireland as a whole.7 The territory of Northern Ireland is geographically separate from the rest of the United Kingdom. The recent peace agreement addresses a whole range of issues for Northern Ireland, but included are, on the one hand, rights for the populations based on their religious affiliation, their culture and their language and, on the other, rights with respect to their political participation up to the point of external self-determination. It is a holistic approach. Like any good minority rights agreement,8 it deals with both standards and their implementation and, like any good minority rights agreement, it is not a minority rights agreement but, rather, a peace settlement.
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Dissertations / Theses on the topic "International and municipal law – Northern Ireland"

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Jeffrey, Patricia Joan. "The influence of international human rights law on the use of firearms by police officers in Northern Ireland, London and the Republic of Ireland." Thesis, Queen's University Belfast, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.695377.

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This thesis examines how international human rights principles regarding the right to life, encapsulated in legislation, jurisprudence, and guidance have influenced the development of policy and practical decision-making, on when and how lethal force options should be deployed by police officers in three jurisdictions - Northern Ireland, London and the Republic of Ireland. Using Foucault, Weber and Nietzsche to provide the theoretical basis, the study examines nine cases in which police deployed firearms, to assess compliance with human rights standards in these jurisdictions. The use of live fire and Tasers by the Police Service of Northern Ireland, based on information from investigation reports published by the Police Ombudsman for Northern Ireland, provides a unique piece of research which indicates that policies have been amended in line with recommendations. The thesis traces the genealogy of international human rights principles, national laws and the particular police service policies and procedures which were in existence at the time of certain critical events and evaluates their development in response to lessons learned from subsequent investigations and inquiries. It examines the role played by the oversight mechanisms in place to hold police to account and discusses influences on police officers which could affect how they used firearms in addition to human rights considerations
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JENNETT, Victoria. "The transformation of sub-state nationalism within the European Union : the case of Northern Ireland." Doctoral thesis, 2005. http://hdl.handle.net/1814/4663.

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Webber, Craig William Alec. "The decline of dualism: the relationship between international human rights treaties and the United Kingdom's domestic counter-terror laws." Thesis, 2012. http://hdl.handle.net/10500/10348.

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In the first half of the 20th Century, the United Kingdom’s counter-terror laws were couched extremely broadly. Consequently, they bestowed upon the executive extraordinarily wide powers with which it could address perceived threats of terrorism. In that period of time, the internal affairs of any state were considered sacrosanct and beyond the reach of international law. Consequentially, international human rights law was not a feature of the first half of the 20th Century. Following the war, however, international human rights law grew steadily, largely through the propagation of international treaties. As the 20th Century progressed, the United Kingdom became increasingly involved in international human rights law, particularly by way of the ratification of a number of treaties. Prior to the year 2000, none of these treaties had been directly incorporated into the United Kingdom’s municipal law. The traditional Dualist understanding of the relationship between international treaty law and municipal law in the United Kingdom, would hold that these unincorporated human rights treaties would form no part of that state’s domestic law. This Dualist assumption is called into question, however, by a legislative trend which neatly coincides with the United Kingdom’s increased involvement with international human rights. This trend consists of two elements, firstly, the progressively plethoric and specific ways in which the United Kingdom began to define its anti-terror laws. The specificity in which this legislation was set out curtailed the executive’s powers. The second element is that, over time, the United Kingdom’s counter-terror laws increasingly began to include checks and balances on the executive. There is a clear correlation between these trends and the United Kingdom’s evolving relationship with international human rights law. That nation’s enmeshment with international human rights law from 1945 onwards is undeniably linked with the parallel evolution of its domestic counter-terror laws. v One of the grounds on which the status of international law is questioned is that it is ineffectual. This thesis calls such arguments into question, as it shows that international human rights treaties have meaningfully impacted on the United Kingdom’s evolving counter-terror laws and thereby successfully enforced the norms they advocate.
Public, Constitutional, & International
LL.D.
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Books on the topic "International and municipal law – Northern Ireland"

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A guide to EEC law in Northern Ireland. Belfast: SLS Legal Publications (NI), Faculty of Law, Queen's University, 1986.

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2

Finbarr, Murphy, ed. European community law in Ireland. Dublin: Butterworth, 1989.

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EU law in Ireland. Dublin: Clarus Press, 2010.

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United Ireland, human rights and international law. Atlanta: Clarity Press, 2011.

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Northern Ireland Abortion Law Reform Association., ed. Abortion in Northern Ireland: The report of an international tribunal. Belfast: Beyond the Pale Publications, 1989.

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Rothstein, Robert L. The Sri Lankan peace process: Lessons from the Middle East and Northern Ireland. Colombo: International Centre for Ethnic Studies, 2003.

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7

Northern Ireland Human Rights Assembly (1992 London, England). Broken covenants: Violations of international law in Northern Ireland : report of the Northern Ireland Human Rights Assembly, 6-8 April 1992, London. Edited by Harris Renée, National Council for Civil Liberties (Great Britain), Committee on the Administration of Justice., and Britain and Ireland Human Rights Project. London: National Council for Civil Liberties, 1993.

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8

Linda, Moore, ed. Human rights on duty: Principles for better policing : international lessions for Northern Ireland. Belfast, Ireland: Committee on the Administration of Justice, Ltd., 1998.

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9

McGarry, John. Policing northern Ireland: Proposals for a new start. Belfast: Blackstaff Press, 1998.

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10

Wright, Joanne. Policing and conflict in Northern Ireland. Houndsmills, Basingstoke, Hampshire: Macmillan Press, 2000.

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Book chapters on the topic "International and municipal law – Northern Ireland"

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Dempster, Lauren. "Northern Ireland: The Right to Life, Victim Mobilisation, and the Legacy of Conflict." In International Conflict and Security Law, 1333–58. The Hague: T.M.C. Asser Press, 2022. http://dx.doi.org/10.1007/978-94-6265-515-7_59.

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Oellers-Frahm, Karin, and Andreas Zimmermann. "Agreement by the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic and the Government of the Union of Soviet Socialist Republics for the Prosecution and Punishment of the Major War Criminals of the European Axis. Signed at London, on August 8, 1945." In Dispute Settlement in Public International Law, 1734–48. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_104.

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Bleakley, Neil, and Oliver Tighe. "Northern Ireland." In International Succession, 721–35. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198870463.003.0041.

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This chapter confers that Northern Ireland has a common law legal system. When it comes to wills, the chapter stresses that a holographic will is valid, provided all formalities are complied with and its contents are clear. In the context of intestacy, this chapter notes that currently in Northern Ireland, a child conceived but not born at the date of death shall be treated as if surviving at the date of death. Relatives of half-blood inherit in the same way as full blood relations and there is no distinction between legitimate, illegitimate, and adopted children or issue. The chapter also discusses how property can be owned jointly by way of joint tenancy or tenancy in common. It then argues that it is presumed that a testator/trix was of sound disposing mind when making his or her will and a properly executed will is ultimately admitted to probate without specific proof of testamentary competence unless steps are taken to contest competence. Furthermore, the chapter explains that a will can be invalid if it is shown that the testator/trix had insufficient capacity when making the will, or if there is evidence of undue influence or fraud.
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Graham, Michael. "Northern Ireland." In The International Protection of Adults. Oxford University Press, 2015. http://dx.doi.org/10.1093/9780198727255.003.0017.

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Northern Ireland is part of the United Kingdom with its own Regional Assembly, but is subject to direct rule from the UK Parliament in Westminster in relation to certain reserved matters. The law relating to mental capacity in Northern Ireland is in a period of change.
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Boyle, Francis A. "THE DECOLONIZATION OF NORTHERN IRELAND." In Asian Yearbook of International Law, Volume 4 (1994), 25–46. Brill | Nijhoff, 1994. http://dx.doi.org/10.1163/9789004400634_005.

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"PRIVATE INTERNATIONAL LAW OF SUCCESSION - NORTHERN IRELAND." In EU Cross-Border Succession Law, 443–49. Edward Elgar Publishing, 2022. http://dx.doi.org/10.4337/9781785365300.00044.

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Ratner, Steven R. "International Law Rules on Treaty Interpretation." In The Law and Practice of the Ireland-Northern Ireland Protocol, 80–91. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781009109840.008.

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Mcguiness, Esther. "Human Rights in Northern Ireland 2019." In Bliainiris Éireannach an Dlí IdirnáisiúntaThe Irish Yearbook of International Law. Hart Publishing, 2021. http://dx.doi.org/10.5040/9781509950904.0009.

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McGuinness, Esther. "Human Rights in Northern Ireland 2018." In Bliainiris Éireannach an Dlí Idirnáisiúnta The Irish Yearbook of International Law. Hart Publishing, 2020. http://dx.doi.org/10.5040/9781509936748.0014.

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Dickson, Brice. "Human Rights in Northern Ireland 2015." In Bliainiris Éireannach an Dlí Idirnáisiúnta The Irish Yearbook of International Law. Hart Publishing, 2017. http://dx.doi.org/10.5040/9781509918133.0012.

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Conference papers on the topic "International and municipal law – Northern Ireland"

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Salibová, Kristina. "Brexit and Private International Law." In COFOLA INTERNATIONAL 2020. Brexit and its Consequences. Brno: Masaryk University Press, 2020. http://dx.doi.org/10.5817/cz.muni.p210-9801-2020-4.

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My contribution deals with the issue concerning the question arising on the applicable law in and after the transition period set in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. The aim of this contribution is to analyze how the English and European laws simultaneously influence one another. This analyzation will lead to the prognosis of the impact Brexit will have on the applicable English law before English courts and the courts of the states of the European Union. The main key question is the role of lex fori in English law. Will English law tend to return to common law rules post-Brexit, and prefer the lex fori?
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