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The Law of EU Public Procurement

The EU and public procurement law

The stakes cannot be higher for the EU. Currently, the total public expenditure directed by the Member States in procuring goods, works and services accounts for over €1 trillion. Public procurement in the Member States is a highly fragmented and complex process.

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9780199301553

The need for immediate presidential action to close Guantanamo

Despite promising at the start of his presidency to close the prison at Guantanamo Bay, President Obama has yet to exercise the clear independent authority to do so. In a recent Washington Post op-ed, 2009 White House counsel Gregory B. Craig and Cliff Sloan, special envoy for Guantanamo closure 2013 and 2014, urged President Obama to abandon trying to get Congressional approval.

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9780198708247

Should intellectual property be abolished?

The Economist has recently popularised the notion that patents are bad for innovation. Is this right? In my view, this assessment results from too high an expectation of what should be achieved by patents or other intellectual property. Critics of intellectual property rights seem to think that they should be tested by whether they actually increase creativity.

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9780198705161

How fair are criticisms of the ICC?

It has become topical to say that the International Criminal Court (ICC) is in crisis. For some, the ICC has stepped from crisis to crisis. Even before its existence, the Court has been for criticized for its selectivity, statutory limitations, and potential overreach. The ICC faces serious challenges in relation to credibility, legitimacy and expectations. I would like revisit some of these critiques. Looking back at the past decade, it seems that both the work of the ICC, and some of its criticisms, deserve further scrutiny.

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IDPL front-matter

The concept of ‘extraterritoriality’: widely used, but misguided and useless

‘Territoriality’ plays a central role under our current paradigm of jurisdictional thinking. Indeed, a State’s rights and responsibilities are largely defined by reference to territoriality. States have exclusive powers in relation to everything that occurs within their respective territories, and this right is combined with a duty to respect the exclusive powers of other States over their respective territories.

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9780198705161

Three challenges for the International Criminal Court

The Rome Statute system is a partnership between the International Criminal Court as an institution and its governing body, the Assembly of States Parties. Both must work together in order to overcome a number of challenges, which fall within three broad themes.

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9780198728603

The politics of the ‘prisoners left behind’

At the time of its creation, the Imprisonment for Public Protection (IPP) sentence, targeted at ‘dangerous offenders’ considered likely to commit further serious offences, elicited little parliamentary debate and even less public interest. Created by the Labour government’s Criminal Justice Act 2003, the sentence was subsequently abolished by the Conservative-led coalition government in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

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9780198735892

The right to a fair trial: part two

Human rights law has had a long and tortuous history in the UK, defined by some of the most fascinating cases in legal memory. The case of John Wilkes was a milestone in establishing the right of free speech. In 1763, Wilkes wrote a scathing attack on a speech delivered by King George III when he opened Parliament.

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9780199668687

How do you decide who ‘qualifies’ as a citizen?

Citizenship tests are meant to focus on facts essential to citizenship, yet reviewing them tells a different story. What knowledge makes one a good citizen? Citizenship tests are a sort of a “grab bag”; they include a little bit of everything—demography, geography, history, constitutional principles, national holidays, and a long list of practical knowledge of education, employment, healthcare, housing, taxes, and everyday needs.

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Battin Ethics of Suicide Cover

‘Death with Dignity’: is it suicide?

But what’s the right term, really? After all, much of the political disagreement and legal wrangling over this issue is rooted in this fundamental conceptual question, is “physician-assisted suicide” really suicide? Let’s see if we can figure it out.

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9780198735892

The right to a fair trial: part one

Our legal history stretches back well over eight centuries. But however long this history may be, it is not one of which we can be universally proud, and the freedoms which we enjoy today have had to be hard won over the centuries.

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