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Publisher: Ubiquity Press Limited   (Total: 39 journals)   [Sort by number of followers]

Showing 1 - 39 of 39 Journals sorted alphabetically
Ancient Asia     Open Access   (Followers: 10)
Archaeology Intl.     Open Access   (Followers: 20)
Architectural Histories     Open Access   (Followers: 11)
Belgian J. of Radiology     Open Access   (Followers: 1, SJR: 0.167, CiteScore: 0)
Bulletin of the History of Archaeology     Open Access   (Followers: 15)
Citizen Science : Theory and Practice     Open Access   (Followers: 1)
Comics Grid : J. of Comics Scholarship     Open Access   (Followers: 9)
Data Science J.     Open Access   (Followers: 14, SJR: 0.23, CiteScore: 1)
Future Cities and Environment     Open Access   (Followers: 3)
Glocality     Open Access  
Glossa : A J. of General Linguistics     Open Access   (Followers: 3)
Insights : the UKSG journal     Open Access   (Followers: 104, SJR: 0.473, CiteScore: 0)
Intl. J. of Integrated Care     Open Access   (Followers: 10, SJR: 0.662, CiteScore: 2)
Intl. Review of Social Psychology / Revue Intl.e de Psychologie Sociale     Open Access   (SJR: 0.421, CiteScore: 1)
J. of Circadian Rhythms     Open Access   (Followers: 1, SJR: 0.524, CiteScore: 1)
J. of Computer Applications in Archaeology     Open Access  
J. of Conservation and Museum Studies     Open Access   (Followers: 18)
J. of European Psychology Students     Open Access   (Followers: 1)
J. of Interactive Media in Education     Open Access   (Followers: 5)
J. of Molecular Signaling     Open Access   (SJR: 0.677, CiteScore: 2)
J. of Open Archaeology Data     Open Access   (Followers: 9)
J. of Open Humanities Data     Open Access   (Followers: 2)
J. of Open Psychology Data     Open Access   (Followers: 3)
J. of Open Research Software     Open Access   (Followers: 3)
J. of Portuguese Linguistics     Open Access  
Laboratory Phonology : J. of the Association for Laboratory Phonology     Open Access   (Followers: 6)
Le foucaldien     Open Access  
MaHKUscript. J. of Fine Art Research     Open Access  
Open Health Data     Open Access   (Followers: 4)
Open J. of Bioresources     Open Access   (Followers: 1)
Open Quaternary     Open Access   (Followers: 1)
Papers from the Institute of Archaeology     Open Access   (Followers: 15)
Physical Activity and Health     Open Access  
Present Pasts     Open Access   (Followers: 2)
Psychologica Belgica     Open Access   (SJR: 0.426, CiteScore: 1)
Secularism and Nonreligion     Open Access  
Stability : Intl. J. of Security and Development     Open Access   (Followers: 7, SJR: 0.438, CiteScore: 1)
Utrecht J. of Intl. and European Law     Open Access   (Followers: 14)
Worldwide Waste : J. of Interdisciplinary Studies     Open Access  
Journal Cover
Utrecht Journal of International and European Law
Number of Followers: 14  

  This is an Open Access Journal Open Access journal
ISSN (Online) 2053-5341
Published by Ubiquity Press Limited Homepage  [39 journals]
  • How to Continue a Meaningful Judicial Dialogue About EU Law' From the
           Conditions in the CILFIT Judgment to the Creation of a New European Legal

    • Abstract: The aim of this article is to better understand the conditions outlined in the CILFIT judgment and their role in creating a meaningful dialogue about European Union law. For these purposes two distinct views on the relation between language and meaning are utilised, as has been argued for by Ludwig Wittgenstein in his Philosophical Investigations. In the CILFIT judgment both of these views surface, which imply different challenges to the participants of the EU dialogue. In the conclusion, we suggest how these challenges can be met in order to facilitate a mutually meaningful dialogue about EU law. Published on 2018-08-02 12:41:23
  • Legal Unity as Political Unity' Carl Schmitt and Hugo Krabbe on the
           Catalonian Constitutional Crisis

    • Abstract: This article offers an analysis of how theories on constitutional revision can help understand crises that threaten legal unity. The Catalonian crisis represents the case study, and is discussed from the perspective of constitutional theory. The article starts out from a conceptualisation of ‘legal unity’ as the organisational as well as political claim of constitutions to provide unity within a certain legal order, which in the end comes close to the idea of a unified national state. The article refers to the constitutional theories of Carl Schmitt and, the lesser-known Hugo Krabbe, to help increase the understanding of constitutional change and, to connect these insights to the Catalonian case. Schmitt’s claim is that constitutional law is indeterminate and thus in need of the sovereign’s decision. In this analysis, it is made clear that Schmitt’s argumentative scheme in which a distinction is made between friends and enemies in political conflict is unhelpful in addressing the Spanish crisis. Indeed, Schmitt moves beyond descriptive and explanatory goals to defend a normative rejection of liberal political decision-making. By contrast, Krabbe argues for the determinacy of constitutional law. According to Krabbe, constitutional law is finally embedded in ‘legal consciousness’, inherent to all human beings, and which can be determined by majority rule. Even if this answer may not be entirely convincing, it is maintained that this theoretical perspective could nevertheless benefit cases such as the Catalonian constitutional crisis, if as a consequence claims of both the Catalan as well as the Spanish sides based on the idea of ultimate sovereignty over a demarcated territory were dropped. Published on 2018-07-09 10:24:19
  • Transnational Legal Unity Under Pressure: A Contextual Analysis of the
           European Union

    • Abstract: Published on 2018-06-07 13:35:21
  • Unity and Diversity in the European Union’s Internal Market Case Law:
           Towards Unity in ‘Good Governance’'

    • Abstract: This article deals with an enduring challenge for the European Court of Justice: striking a balance between the EU market integration requirements and respecting the ‘fundamental structures’ that exist in the Member States through the recognition and accommodation of a range of regulatory options that may restrict trade. The challenge is finding unity in social diversity and many commentators consider that the Court has interpreted the constitutional foundation of the European Union as having turned market access rights into fundamental rights and social policy into an obstructive power that has to be limited. This article reflects on the adjudicative methods of the Court and revisits this debate. It argues that the Court has developed a proportionality assessment that is able to accommodate a plethora of Member State policy choices. Member States’ systems of protection need to be transparent, systematic and internally coherent. However, if these conditions are taken into account, then the level of protection and the means through which this level of protection is sought remain largely at the discretion of the Member States. Published on 2018-06-07 13:32:24
  • The Framework for Judicial Cooperation in the European Union: Unpacking

    • Abstract: Possibilities and constraints for achieving legal unity in the context of the European Union (EU) manifest themselves in multiple and illustrative ways in the development of cooperation between judges in EU Member States. For example, recent discussions on judicial independence in Hungary and Poland underline that we are still quite far removed from the realisation of a shared European normative basis for judicial functioning, that is: a shared ‘judicial culture’. These discussions simultaneously emphasise the importance of such a basis for the realisation of the ideal of the ‘rule of law’. As a stepping stone for future interdisciplinary legal research, this article provides a theoretical analysis of the concept of ‘judicial culture’ and three of its core dimensions (ethical, legal, institutional), which has not been available in legal scholarship so far. Our analysis demonstrates that by carefully establishing in which types of sources we can locate the respective dimensions, and by designing a methodology for analysing these sources, scholars can analyse judicial cultures in a more in-depth and systematic manner. In this way, specific conceptual ‘lenses’ become available for the collection of relevant information and empirical data, for the theoretical analysis and comparison of these results and eventually for a normative assessment of the possibility and desirability of convergence of judicial cultures. From this perspective, this analysis aims to contribute to further insight into questions on legal unity and its realisation in a context of diverging social pressures. Published on 2018-06-07 13:28:20
  • On the Meaning of ‘System’ in the Common and Civil Law Traditions: Two
           Approaches to Legal Unity

    • Abstract: In this paper, I offer an analysis of the different understandings of ‘system’ in connection with the two main Western legal traditions. In the continental ‘civil law’ tradition, ‘system’ is used in relation to the substance of the law, whereas in the English ‘common law’ tradition ‘system’ is rather used in relation to the functioning of the law, in the sense of finding solutions to legal problems that are consistent with earlier ones. I explain these different uses from a historical point of view: in the civil law tradition the notion of system goes back to the exposition of substantive legal doctrine, which – under the influence of Stoic thought – was already developed by lawyers in the Roman Republic, and for the first time elevated to statute by the Byzantine Emperor Justinian, whereas in the common law tradition the Byzantine-Roman organisation was not taken over, and system rather connotes with the manner in which conflicts can be resolved on a case-by-case manner, and hence has come to refer to the machinery of law. These different meanings may pose a challenge where legal unity is sought between jurisdictions that belong to different traditions. Published on 2018-06-07 13:21:08
  • The Fusion of International and Domestic Law in a Globalised World

    • Abstract: Keywords: death penalty; capital cases; discrimination litigation; standard of proof; fair trial and equality protection; postconflict justice and transition; Islamic law; Shari’a; international humanitarian law; international human rights law; extremism, political violence, Islamism; freedom of expression; terrorism, extremism, counter-terrorism, counter-extremism; Article 19 International Covenant on Civil and Political Rights; Abuse of rights; Directive 2004/38; Court of Justice of the European Union; Marshall Islands Cases; ICJ; Electronic waste; sustainable development; WTO, GATT, TBT Agreement Published on 2017-08-31 14:15:48
  • Proving Unlawful Discrimination in Capital Cases: In Quest of an Adequate
           Standard of Proof

    • Abstract: In spite of some early judicial, political and scholarly discussions, as well as more recent scientific explorations of the topic, problems and concerns with proving discrimination in individual capital cases continue to be among the most debatable issues in human rights and criminal justice. In general, domestic courts (in particular US courts) seem to remain relatively perfunctory and hostile to individual discrimination challenges in capital trials. They normally require capital defendants alleging discrimination to prove something which is virtually impossible to prove. On the other hand, numerous capital defence attorneys, legal commentators and even some of the trial judges themselves lay strictures on the existing judicial approach which almost routinely rejects discrimination claims in capital cases. They contend that appropriate modifications in current legislative arrangements and mechanical adjudication policy and practice are urgent and indispensable for more equitable resolutions and for a truly even-handed criminal justice system. In particular, there are concerns regarding the adequate distribution of the burden of proof between the litigants. Moreover, no clear or uniform approach to this conundrum can be identified in the international jurisprudence. This article seeks to provide some definite answers to open and conceptual questions posed in an attempt to legally define ‘the minimum core content’ of the evidentiary standard – as implicitly contained in the relevant international human rights treaties’ provisions – to be applied in capital sentencing discrimination cases. Additionally, part of this same standard of proof can also qualify as a general principle of international law, particularly in relation to impartial, unbiased and non-discriminatory approaches and decision-making by the judges and jurors involved in complex capital cases. Published on 2017-08-31 14:14:38
  • Justice in Post-Conflict Settings: Islamic Law and Muslim Communities as
           Stakeholders in Transition

    • Abstract: This essay is one of the first collaborative efforts to identify the underlying norms embedded in diverse traditions of Islamic law as these apply to contemporary Muslim communities experiencing conflict or transitioning from conflict. This long overdue endeavor draws upon comparative legal analyses, postconflict justice traditions, global governance, and empirical conflict studies to explore why Islamic legal norms are not often used as a resource for restraint and guidance in contemporary conflict settings. In exploring this puzzle, the authors make the case for strengthening commensurate Islamic and international conflict norms for complex conflicts and postconflict tradition. We also situate Islamic postconflict justice norms—which are too often confined to religious and natural law discussions—into contemporary problems of security policy, conflict prevention, and problems of governance. We indicate the many benefits of such a comparative approach for citizens of diverse Muslim and Arabs states and communities, trying to build pathways out of conflict, and for humanitarian and human rights practitioners working in such arenas toward similar goals. An additional, important benefit in excavating such shari’a norms is in providing the intellectual basis to counter politicized, extremist, and instrumentalist uses of Islamic law to justify extreme uses of political violence across the Middle East, Central and South Asian, and African regions. Published on 2017-08-31 14:13:42
  • Extremism, Free Speech and the Rule of Law: Evaluating the Compliance of
           Legislation Restricting Extremist Expressions with Article 19 ICCPR

    • Abstract: In the years since 9/11, international security discourse has heightened concerns around extremism, positioning this as the key threat that States need to address in order to prevent and combat terrorism. Politically, enactment of domestic legislation curtailing extremist expressions has been internationally authorised and encouraged and in May 2016 the United Kingdom (‘UK’), spearheading a liberal State trend towards rights-restrictive approaches to extremism, announced its intention to enact legislation imposing a range of civil sanctions on those publicly expressing extremist views. But laws such as this restrict the core democratic right to freedom of expression and so must comply with the tripartite requirements for restrictions enshrined in Article 19(3) of the International Covenant on Civil and Political Rights (‘ICCPR’) to be legitimate. Using the UK to dynamically exemplify the issues, this paper assesses the manner in which the laws curtailing extremist expressions comply with international human rights law. Published on 2017-08-31 14:12:53
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Heriot-Watt University
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