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Publisher: Ubiquity Press Limited   (Total: 35 journals)   [Sort by number of followers]

Showing 1 - 35 of 35 Journals sorted alphabetically
Ancient Asia     Open Access   (Followers: 10)
Archaeology Intl.     Open Access   (Followers: 21)
Architectural Histories     Open Access   (Followers: 10)
Belgian J. of Radiology     Open Access   (Followers: 1)
Bulletin of the History of Archaeology     Open Access   (Followers: 17)
Citizen Science : Theory and Practice     Open Access  
Comics Grid : J. of Comics Scholarship     Open Access   (Followers: 8)
Data Science J.     Open Access   (Followers: 12, SJR: 0.244, h-index: 11)
Glocality     Open Access  
Glossa : A J. of General Linguistics     Open Access   (Followers: 1)
Insights : the UKSG journal     Open Access   (Followers: 125, SJR: 0.204, h-index: 10)
Intl. J. of Integrated Care     Open Access   (Followers: 9, SJR: 0.746, h-index: 9)
Intl. Review of Social Psychology / Revue Intl.e de Psychologie Sociale     Open Access   (Followers: 1)
J. of Circadian Rhythms     Open Access   (SJR: 0.877, h-index: 20)
J. of Conservation and Museum Studies     Open Access   (Followers: 20)
J. of European Psychology Students     Open Access   (Followers: 2)
J. of Interactive Media in Education     Open Access   (Followers: 6)
J. of Molecular Signaling     Open Access   (SJR: 1.705, h-index: 23)
J. of Open Archaeology Data     Open Access   (Followers: 11)
J. of Open Humanities Data     Open Access   (Followers: 1)
J. of Open Psychology Data     Open Access   (Followers: 4)
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: 4)
MaHKUscript. J. of Fine Art Research     Open Access  
Open Health Data     Open Access   (Followers: 4)
Open J. of Bioresources     Open Access  
Open Quaternary     Open Access  
Papers from the Institute of Archaeology     Open Access   (Followers: 20)
Present Pasts     Open Access   (Followers: 5)
Psychologica Belgica     Open Access   (SJR: 0.224, h-index: 23)
Secularism and Nonreligion     Open Access  
Stability : Intl. J. of Security and Development     Open Access   (Followers: 8)
Utrecht J. of Intl. and European Law     Open Access   (Followers: 12)
Worldwide Waste : J. of Interdisciplinary Studies     Open Access  
Journal Cover Utrecht Journal of International and European Law
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  This is an Open Access Journal Open Access journal
   ISSN (Online) 2053-5341
   Published by Ubiquity Press Limited Homepage  [35 journals]
  • 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
       
  • National Courts in the Frontline: Abuse of Rights under the
           Citizens’ Rights Directive

    • Abstract: The free movement and residence of Union citizens and their third country national family members may be restricted under Article 35 of Directive 2004/38/EC on the grounds of abuse of rights. Although the Court of Justice of the European Union (CJEU) had the opportunity to address abuse of rights cases, so far there have been no cases where it has established that abuse of rights took place. For this reason, the legal literature has tended to downplay the significance of the abuse of rights exception. The analysis of national case law, however, demonstrates that the courts of the Member States do apply Article 35 in its implemented form and have established abuse of rights on several occasions. Moreover, national courts have decided legal questions related to the abuse of rights which were not answered previously by the CJEU. Published on 2017-08-31 14:12:12
       
  • Trade Measures for Regulating Transboundary Movement of Electronic Waste

    • Abstract: International trade in used electrical and electronics equipment (UEEE) provides an avenue for socio-economic development in the developing world and also serves as a conduit for transboundary dumping of waste electrical and electronic equipment (WEEE) also referred to as electronic waste or e-waste. The latter problem arises from the absence of a regulatory framework for differentiating between functional UEEE and junk e-waste. This has resulted in both functional UEEE and junk e-waste being concurrently shipped to developing countries under the guise of international trade in used electronics. Dealing with these problems will require effective regulation of international trade in UEEE from both exporting and importing countries. Although, the export of e-waste from the European Community to developing countries is currently prohibited, significant amount of e-waste from the region continue to flow into developing countries due to lax regulatory measures in the latter. Hence, there is need for a regulatory regime in developing countries to complement the prohibitory regime in the major e-waste source countries. This paper proposes trade measures modelled in line with WTO rules which could be adopted by developing countries in addressing these problems. The proposed measures include the development of a compulsory certification and labelling system for functional UEEE as well as trade ban on commercial importation of UEEE not complying with the said certification and labelling system. The paper then goes further to examine these proposed measures in the light of WTO rules and jurisprudence. Published on 2017-08-31 14:11:05
       
  • The Nuclear Disarmament Cases: Is Formalistic Rigour in Establishing
           Jurisdiction Impeding Access to Justice'

    • Abstract: Nuclear disarmament falls within the purview of the purposes envisaged in Article 1 of the United Nations Charter. The International Court of Justice (ICJ) in 1996 delivered an advisory opinion on legality of use of nuclear weapons and has stated that the states in good faith must strive towards nuclear disarmament. In the Marshall Islands Cases, 20 years later the ICJ had the opportunity to address questions relating to cessation of the nuclear arms race and nuclear disarmament. However, the ICJ has failed to foster nuclear disarmament within the international community. The ICJ dismissed Marshall Islands’ application on jurisdictional grounds because there was no legal dispute between the parties. The ICJ in determining the existence of a dispute introduced a subjective awareness test. In this case note, we aim to examine the awareness test and its politico-legal effects in the development of international law. While doing so, we also argue that the test has further rendered the enforcement of nuclear disarmament obligations arduous. Published on 2017-08-31 14:10:08
       
  • Bridging Scholarship and Practice: 20 Years of the Public International
           Law and Policy Group

    • Abstract: When the Editor-in-Chief of the Utrecht Journal of International and European Law (UJIEL) approached us with the possibility of guest editing a special issue related to public international law and policy, we felt the timing could not have been better. As academics at Utrecht University with the Netherlands Institute of Human Rights and Montaigne Centre for Judicial Administration and Conflict Resolution, we felt that a theme linking the world of lawyers with that of policymakers was important in order to examine the role of law in protecting human rights and security. Moreover, as Senior Counsel with the Public International Law & Policy Group (PILPG), which celebrated its 20-year anniversary in 2016, we welcomed the idea to link academic scholarship with the work of PILPG. After all, PILPG’s founders, Professor Paul Williams and Professor Michael Scharf, have themselves acted as bridges between scholarship and practice for years. As a result, this special edition is not only intended to highlight the extraordinary work carried out by PILPG on issues of law and policy around the world, but also to emphasise the importance of linking scholarship with practice and addressing contemporary issues impacting the world in which we live. PILPG’s motto ‘lawyering peace’ requires reflection on the role that law can play in helping to bring about the peaceful resolution of serious problems affecting individuals and societies as a whole. This special edition of UJIEL, addressing a variety of themes, does just that. Published on 2017-04-12 15:38:45
       
  • A Legal Perspective on Yemen’s Attempted Transition from a Unitary to a
           Federal System of Government

    • Abstract: Yemen’s 2013–2014 National Dialogue Conference paved the way for Yemen to transition from a unitary to federal system of government. This is a common trajectory for States emerging from conflict as federalism offers the hope for greater democratic governance and inclusivity. Nevertheless, there is a danger in assuming that there is an ideal federal model to emulate or that federalism is itself a guaranteed remedy for political dysfunction and authoritarianism. Transitioning to federalism is an arduous, expensive, and technically complicated process. Such transitions can also renew conflict if, prior to the drafting of the federal constitution, key issues related to the design of the new system are not addressed or there is a lack of consensus on how to address those issues. Indeed, this was the case in Yemen. Prior to drafting its new federal constitution, Yemen struggled to reach sufficient political consensus on three key issues: (1) the formation of federal regions; (2) the structure of the new federal system; and (3) how powers were to be distributed in the State, including over natural resources management. This lack of consensus during the National Dialogue Conference resulted in the Constitution Drafting Committee having the responsibility of making highly controversial political decisions about Yemen’s future as a federal State. This article examines how Yemen’s transition to federalism was undermined by the inability to reach sufficient consensus on three key transition issues prior to the drafting of the 2015 federal constitution. Published on 2017-04-12 15:38:11
       
  • Inclusive Democracy: Franchise Limitations on Non-Resident Citizens as an
           Unjust Restriction of Rights under the European Convention on Human Rights
           

    • Abstract: The Public International Law and Policy Group (PILPG) advises parties in peace negotiations, on drafting post-conflict constitutions, and assists in prosecuting war criminals. As part of this work, PILPG assists States in establishing and implementing electoral systems that meet international standards for democratic elections, and undertakes election monitoring. Free and fair elections are crucial for the legitimacy of democratic States and are protected by human rights law. The present article focuses on the issue of the franchise and on the restrictions permitted under the European Convention on Human Rights (ECHR). Specifically, this article addresses franchise restrictions on non-resident citizens across ECHR member States. Setting out the protections for the franchise in Article 3 of Protocol No. 1 ECHR, this article analyses the permissible limitations on those rights according to the jurisprudence of the European Court of Human Rights (ECtHR). The article presents a comparative analysis of other voting rights cases, such as the limitations on prisoners’ franchise. After considering whether residency-based limitations pursue legitimate and proportionate aims, it questions whether blanket restrictions disenfranchising non-resident citizens should be permissible today. The article concludes by advocating the importance of an inclusive franchise for the legitimacy of democratic systems as well as the protection of individual rights, and inviting the ECtHR to revisit its jurisprudence on this topic.  Published on 2017-04-12 15:37:29
       
 
 
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