ORCID Profile
0000-0002-3580-782X
Current Organisations
University of Newcastle Australia
,
City University of Hong Kong
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Publisher: Oxford University Press (OUP)
Date: 27-07-2016
DOI: 10.1093/HRLR/NGW016
Publisher: Wiley
Date: 21-10-2022
Abstract: Common law courts have struggled to offer a consistent basis for sentencing in cases concerning civil disobedience. This case note examines the recent Court of Appeal decision Cuadrilla Bowland Ltd v Persons Unknown , concerning in iduals convicted of contempt for defying injunction orders to refrain from continuing their direct‐action protests at a fracking site run by an oil company, with a view to immobilising its business operations. The note observes that the Court here offered a more coherent basis for sentencing principles concerning acts of civil disobedience and breaches of injunction orders. The rationales offered transcend traditional distinctions, relied on by some courts, between direct and indirect disobedience and between civil disobedience and contempt, which have brought about considerable analytical difficulties. The judgment further signifies a paradigm shift in the Court's approach to cases of civil disobedience – from emphasising ‘law and order’ to focussing on a ‘balance of rights’.
Publisher: Oxford University Press (OUP)
Date: 16-10-2014
DOI: 10.1093/HRLR/NGU032
Publisher: Oxford University Press (OUP)
Date: 12-2016
DOI: 10.1093/HRLR/NGW033
Publisher: Edward Elgar Publishing
Date: 06-09-2022
Publisher: Brill | Nijhoff
Date: 22-01-2018
Publisher: Cambridge University Press (CUP)
Date: 25-10-2023
Publisher: Oxford University Press (OUP)
Date: 2016
DOI: 10.1093/ICON/MOW017
Publisher: Cambridge University Press (CUP)
Date: 20-02-2017
DOI: 10.1017/S0020589317000094
Abstract: The law of unilateral acts and the law of treaties are generally considered to be two distinct areas of international law. While the former governs the effect of unilateral undertakings by States, the latter governs, inter alia , the formation, interpretation, termination, and suspension of treaties. In 2011, the International Law Commission (ILC) concluded a two-decade study on reservations. One of its most remarkable insights is the argument that reservations ought to be considered ‘unilateral acts’. Thus, certain rules pertaining the law of unilateral acts ought to apply to reservations. This article critically examines the ILC's novel proposal as well as its attempt to provide answers to contemporary questions on reservations through conceptualizing reservations as unilateral acts.
Publisher: Wiley
Date: 26-12-2023
Abstract: Since the enactment of the Human Rights Act, the law concerning civil disobedience has changed dramatically. Originally sceptical about this form of protest activity, the UK courts now recognise the value of civil disobedience and the need for its protection on the grounds of free expression and assembly. Yet, as lawbreaking plays a crucial part in civil disobedience, the shift in judicial attitude may also affect how we view civil disobedience as a constitutional practice. This article reviews the change in direction in the development of case law on civil disobedience and discusses its constitutional significance. It argues that a more tolerant approach to civil disobedience will strengthen constitutional democracy.
Location: United Kingdom of Great Britain and Northern Ireland
No related grants have been discovered for Pok Yin Stephenson CHOW.