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Books by James Gallen
Gender and Law in Modern Ireland., 2019
Research Handbook on Transitional Justice: Research Handbooks in International Law Series., 2017
Papers by James Gallen
Law, Responsibility and Vulnerability
Irish Studies in International Affairs
Manchester University Press
James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Maho... more James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of subsidiarity and the right to effective protection and an effective remedy in the European Convention on Human Rights. The chapter argues that the case of O’Keeffe v Ireland also raises concerns about the European Court of Human Right methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in tort. A further section examines the impact of the decision for victims of child sexual abuse and identifies that the decision provides the potential for an alternative remedy to the challenging use of vicarious liability in Irish tort law.
The Journal of World Investment & Trade, 2015
Odious debt concerns the repudiation and cancellation of debt accrued by a State for ‘odious’ pur... more Odious debt concerns the repudiation and cancellation of debt accrued by a State for ‘odious’ purposes. This article argues that odious debt can play a role in jus post bellum in lessening the financial burden placed on States who experience conflict and generate a clear standard for investors who seek to enforce a State’s obligations to repay its debts and other financial obligations after conflict. This article highlights several challenges inhibiting the translation of the proposal of odious debt into an international legal principle. It offers a conception of odious debt that seeks to resolve these challenges by aligning with other areas of public international law which operate concurrently. This article considers how international human rights law could give clear meaning to the contested term ‘odious’, how to conceive of the appropriate standard of care for creditors and examines potential institutions for debt resolution and potential incentives of relevant actors.
Mapping the Normative Foundations, 2014
This chapter considers the potential for jus post bellum to operate as an interpretive framework ... more This chapter considers the potential for jus post bellum to operate as an interpretive framework for international law as applied to societies in transition. It examines the relationship between transitional justice, peacebuilding, security sector reform, and economic development in international law. Despite substantive diversity, these fields purport to contribute to restoring civic trust and the rule of law as components of the re-constitution of a sovereign political community. This chapter contends that, when using law for these purposes, the explicit use of integrity among public officials and international organizations offers a new principle and process to consciously strive to avoid fragmentation between these areas relevant to jus post bellum. An interpretive approach to jus post bellum that operates from integrity manifests itself through organizing principles of accountability, stewardship, and proportionality and provides a method of interpreting the practices of substantively diverse fields across the structural commitments in each field.
Based on a republican theory of democracy as equally shared popular control drawn from Philip Pet... more Based on a republican theory of democracy as equally shared popular control drawn from Philip Pettit’s recent work, this article argues in favour of the ‘new commonwealth model of constitutionalism’ practiced in Canada, the UK and elsewhere. It claims that the emphasis that the new commonwealth model places on political agents in the rights-related dimensions of the legislative process corresponds with the republican account of rights as political claims but also that the constricted role played by judges under the model answers to a number of important republican concerns around contestation and the dispersal of power. In particular the article argues that the role of judges under the model can be understood as contributing to the gradual emergence of norms that are ‘commonly avowable’ or shareable, and to the refining of those norms over time, such that it enhances the control exercised by citizens over government. In this way the role of judges under the model – in contrast to that under outright legal constitutionalism – can be understood as enhancing democracy, where democracy is understood in this republican way.
Dr Tom Hickey, School of Law and Government, Dublin City University, Glasnevin, Dublin 9, Ireland. Email: tom.hickey@dcu.ie
Mapping the Normative Foundations, 2014
This chapter considers the potential for jus post bellum to operate as an interpretive framework ... more This chapter considers the potential for jus post bellum to operate as an interpretive framework for international law as applied to societies in transition. It examines the relationship between transitional justice, peacebuilding, security sector reform, and economic development in international law. Despite substantive diversity, these fields purport to contribute to restoring civic trust and the rule of law as components of the re-constitution of a sovereign political community. This chapter contends that, when using law for these purposes, the explicit use of integrity among public officials and international organizations offers a new principle and process to consciously strive to avoid fragmentation between these areas relevant to jus post bellum. An interpretive approach to jus post bellum that operates from integrity manifests itself through organizing principles of accountability, stewardship, and proportionality and provides a method of interpreting the practices of substantively diverse fields across the structural commitments in each field.
The Modern Law Review, 2015
Journal of the History of International Law / Revue d'histoire du droit international, 2014
Book Reviews by James Gallen
Nordic Journal of International Law, 2013
Gender and Law in Modern Ireland., 2019
Research Handbook on Transitional Justice: Research Handbooks in International Law Series., 2017
Law, Responsibility and Vulnerability
Irish Studies in International Affairs
Manchester University Press
James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Maho... more James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of subsidiarity and the right to effective protection and an effective remedy in the European Convention on Human Rights. The chapter argues that the case of O’Keeffe v Ireland also raises concerns about the European Court of Human Right methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in tort. A further section examines the impact of the decision for victims of child sexual abuse and identifies that the decision provides the potential for an alternative remedy to the challenging use of vicarious liability in Irish tort law.
The Journal of World Investment & Trade, 2015
Odious debt concerns the repudiation and cancellation of debt accrued by a State for ‘odious’ pur... more Odious debt concerns the repudiation and cancellation of debt accrued by a State for ‘odious’ purposes. This article argues that odious debt can play a role in jus post bellum in lessening the financial burden placed on States who experience conflict and generate a clear standard for investors who seek to enforce a State’s obligations to repay its debts and other financial obligations after conflict. This article highlights several challenges inhibiting the translation of the proposal of odious debt into an international legal principle. It offers a conception of odious debt that seeks to resolve these challenges by aligning with other areas of public international law which operate concurrently. This article considers how international human rights law could give clear meaning to the contested term ‘odious’, how to conceive of the appropriate standard of care for creditors and examines potential institutions for debt resolution and potential incentives of relevant actors.
Mapping the Normative Foundations, 2014
This chapter considers the potential for jus post bellum to operate as an interpretive framework ... more This chapter considers the potential for jus post bellum to operate as an interpretive framework for international law as applied to societies in transition. It examines the relationship between transitional justice, peacebuilding, security sector reform, and economic development in international law. Despite substantive diversity, these fields purport to contribute to restoring civic trust and the rule of law as components of the re-constitution of a sovereign political community. This chapter contends that, when using law for these purposes, the explicit use of integrity among public officials and international organizations offers a new principle and process to consciously strive to avoid fragmentation between these areas relevant to jus post bellum. An interpretive approach to jus post bellum that operates from integrity manifests itself through organizing principles of accountability, stewardship, and proportionality and provides a method of interpreting the practices of substantively diverse fields across the structural commitments in each field.
Based on a republican theory of democracy as equally shared popular control drawn from Philip Pet... more Based on a republican theory of democracy as equally shared popular control drawn from Philip Pettit’s recent work, this article argues in favour of the ‘new commonwealth model of constitutionalism’ practiced in Canada, the UK and elsewhere. It claims that the emphasis that the new commonwealth model places on political agents in the rights-related dimensions of the legislative process corresponds with the republican account of rights as political claims but also that the constricted role played by judges under the model answers to a number of important republican concerns around contestation and the dispersal of power. In particular the article argues that the role of judges under the model can be understood as contributing to the gradual emergence of norms that are ‘commonly avowable’ or shareable, and to the refining of those norms over time, such that it enhances the control exercised by citizens over government. In this way the role of judges under the model – in contrast to that under outright legal constitutionalism – can be understood as enhancing democracy, where democracy is understood in this republican way.
Dr Tom Hickey, School of Law and Government, Dublin City University, Glasnevin, Dublin 9, Ireland. Email: tom.hickey@dcu.ie
Mapping the Normative Foundations, 2014
This chapter considers the potential for jus post bellum to operate as an interpretive framework ... more This chapter considers the potential for jus post bellum to operate as an interpretive framework for international law as applied to societies in transition. It examines the relationship between transitional justice, peacebuilding, security sector reform, and economic development in international law. Despite substantive diversity, these fields purport to contribute to restoring civic trust and the rule of law as components of the re-constitution of a sovereign political community. This chapter contends that, when using law for these purposes, the explicit use of integrity among public officials and international organizations offers a new principle and process to consciously strive to avoid fragmentation between these areas relevant to jus post bellum. An interpretive approach to jus post bellum that operates from integrity manifests itself through organizing principles of accountability, stewardship, and proportionality and provides a method of interpreting the practices of substantively diverse fields across the structural commitments in each field.
The Modern Law Review, 2015
Journal of the History of International Law / Revue d'histoire du droit international, 2014
Nordic Journal of International Law, 2013