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

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

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Craig, Elizabeth. "From soft to hard law?" Focaal 2010, no. 56 (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
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O'Donoghue, Aoife, and Ben T. C. Warwick. "Constitutionally questioned: UK debates, international law and Northern Ireland." Northern Ireland Legal Quarterly 66, no. 1 (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 le
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Flanagan, Ronnie. "Maintaining law and order in Northern Ireland." RUSI Journal 143, no. 4 (1998): 12–17. http://dx.doi.org/10.1080/03071849808446281.

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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 (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 whi
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O’Mahony, Charles. "A comparative analysis of the intersection of mental capacity laws and international human rights law in Northern Ireland and Ireland." Northern Ireland Legal Quarterly 75, no. 4 (2024): 753–89. https://doi.org/10.53386/nilq.v75i4.1090.

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This article examines the law on mental capacity in Ireland and Northern Ireland. It sets out key provisions in the Mental Capacity Act (Northern Ireland) 2016 (MCA (NI)) and the Assisted Decision-Making (Capacity) Act 2015 (ADMCA). The slow legislative progress in Ireland and Northern Ireland requires closer examination, particularly due to the unique links between the jurisdictions. Both Northern Ireland and Ireland have ratified the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), and this article considers how both legislative models align with human rights
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McEvoy, Kieran. "Prisoner Release and Conflict Resolution: International Lessons for Northern Ireland." International Criminal Justice Review 8, no. 1 (1998): 33–60. http://dx.doi.org/10.1177/105756779800800103.

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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 (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
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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 (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
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O’Rourke, Catherine. "Advocating Abortion Rights in Northern Ireland." Social & Legal Studies 25, no. 6 (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 I
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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 the
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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
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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 inte
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Books on the topic "International and municipal law – Northern Ireland"

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Northern Ireland Abortion Law Reform Association., ed. Abortion in Northern Ireland: The report of an international tribunal. 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. International Centre for Ethnic Studies, 2003.

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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. National Council for Civil Liberties, 1993.

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

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Wright, Joanne. Policing and conflict in Northern Ireland. Macmillan Press, 2000.

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Britain, Great. Taxation, information exchange: Agreement between the United States of America and the United Kingdom of Great Britain and Northern Ireland, signed at Washington December 2, 1988. Dept. of State, 1994.

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Britain, Great. Aviation, air traffic control: Agreement between the United States of America and the United Kingdom of Great Britain and Northern Ireland, Signed at London May 11, 1995. Dept. of State, 1999.

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Walsh, Judy, Suzanne Egan, and Liam Thornton. Ireland and the European Convention on Human Rights: 60 years and beyond. Bloomsbury Professional, 2014.

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Britain, Great, Northern Ireland, and United Nations Human Rights Council, eds. Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association on his mission to the United Kingdom of Great Britain and Northern Ireland: Comments by the State. United Nations General Assembly, 2017.

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(Katarina), Tomaševski K., Great Britain, Northern Ireland, and United Nations. Commission on Human Rights, eds. Economic, social and cultural rights: The right to education : addendum : mission to the United Kingdom and Northern Ireland, (24 November - 1 December 2002) : report : 2003. United Nations, 2003.

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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. 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. 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. 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). 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. 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. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781009109840.008.

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McGuinness, Esther. "Human Rights in Northern Ireland 2020." In The Irish Yearbook of International Law, Volume 15, 2020. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509966325.0013.

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Rickard-Clarke, Patricia. "Ireland." In The International Protection of Adults. Oxford University Press, 2015. http://dx.doi.org/10.1093/9780198727255.003.0018.

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Ireland is an island in north-western Europe. It is divided into the state called Ireland, often referred to as the Republic of Ireland, which comprises the greater part of the island of Ireland, and Northern Ireland. This chapter relates to the law of Ireland and references to the ‘State’ refer to the Republic of Ireland.
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Gill, John. "Ireland." In International Succession. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198870463.003.0026.

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This chapter concentrates on the legal system of the Republic of Ireland (hereinafter referred to as Ireland)—the common law system. It clarifies that there is no federal system of the law of Ireland and its law is distinct from the law of Northern Ireland. The chapter then jumps to highlight the formalities for different types of will in Ireland. In order to be valid, this chapter reveals that a will must be in writing. It must be signed by the testator/trix in the presence of at least two witnesses who sign in the presence of each other and in the presence of the testator/trix. By examining the order of succession in cases of intestacy, this chapter unfolds that the current rules as to intestate succession apply to all deaths on or after 1 January 1967 with regard to real and personal property. Ultimately, the chapter investigates how the surviving spouse shall be entitled to one-half of the estate where there are no children; and one-third of the estate where there are children. It also looks at the formal provisions in terms of maintenance from an estate and the concept of community property between husband and wife.
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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. 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 qu
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