Avoidance Techniques: State Related Defences in International Antitrust Cases

Despite its economic significance, competition law still remains fragmented, lacking an international framework allowing for dispute settlement. This, together with the growing importance of non-free-market economies in world trade require us to re-consider and re-evaluate the possibilities of bringing an antitrust suit against a foreign state. If the level playing field on the global marketplace is to be achieved, the possibility of hiding behind the bulwark of state sovereignty should be minimised. States should not be free to act in an anti-competitive way, but at present the legal framework seems ill-equipped to handle such challenges.

This paper deals with the defences available in litigation concerning transnational anti-competitive agreements involving or implicating foreign states. Four important legal doctrines are analysed: non-justiciability (political question doctrine), state immunity, act of state doctrine and foreign state compulsion. The paper addresses also the general problem of applicability of competition laws to a foreign state as such. This is a tale about repetitive unsuccessful efforts to sue OPEC and recent attempts in the US to deal with export cartels of Chinese state-owned enterprises

Brian Simpson's Reflections on 'The Concept of Law':An Introduction to the Symposium

This is an introduction to a symposium on Brian Simpson's posthumously published boo, Reflections on 'The Concept of Law' held at Nottingham University in FebruaRY 2012.

Three narratives in search of a city: Researching Belfast's 'post-conflict' transitions

This paper highlights the role of narratives in expressing, shaping and ordering urban life, and as tools for analysing urban conflicts. The paper distinguishes analytically between two prominent epistemological meta-narratives in contemporary urban studies and multiple ontological narratives in a given city-in this case Belfast. The first meta-narrative represents cities as sites of deepening coercion, violence and inequality and the second sees them as engines of new forms of transnational capitalism. Both are marked by the strategy of specifying 'exemplar' or 'paradigm' cities. The core of the paper addresses how these two meta-narratives map onto and interact with, three contemporary ontological narratives of urban regeneration in Belfast. We conceive of narratives-epistemological and ontological-as analytical tools and objects of analysis but also as tools for social action for competing political and economic interests and coalitions. While in the urban studies literature Belfast is typically studied as an exemplar 'conflict city', it is now being promoted as a 'new capitalist city'. In the context of post-Agreement Belfast, we explore not only the 'pull' of exemplar narratives but also resistances to them that are linked to multiple and hybrid senses of place in the city. We conclude that any significant move beyond the exigencies of rampant commodification or recurring inter-communal antagonism must firstly, encourage new forms of grassroots place-making and, secondly, reform of Belfast's (and Northern Ireland's) fragmented governance structures. © 2013 Copyright Taylor and Francis Group, LLC.

Who was Andrea? Writing Oneself as a Feminist Icon

This article explores the construction of Andrea Dworkin as a public persona, or a ‘feminist icon’, revered by some and demonized by others. It argues that in both her fiction and non-fiction, Dworkin engaged in a process of writing herself as an exceptional woman, a ‘feminist militant’ as she describes herself in the subheading of her 2002 memoir, Heartbreak. The article illustrates Dworkin’s autobiographical logic of exceptionalism by comparing the story told in Heartbreak to the story of Dworkin’s major novel, Mercy, which features a heroine, Andrea, who shares Dworkin’s name and significant biographical details. While Dworkin has insisted that Mercy is not an autobiographical novel, the author undertakes a reading here of Mercy as the story of Dworkin if she had not become the feminist icon of her own and others’ construction. In Mercy, Andrea unsuccessfully attempts to escape the silent, victimized status that Dworkin has insistently argued is imposed upon women. In her repeated victimization, Andrea functions for Dworkin as an ‘everywoman’ who both embodies Dworkin’s world-view and highlights how Dworkin’s own biography exists in tension with some of her central assumptions about women, gender and contemporary society.

Speaking Out Against Rape:Feminist (Her)Stories and Anti-Rape Politics

In 1976, Susan Brownmiller published 'Against Our Will', widely credited as the founding text of feminist anti-rape theory, in which she famously declared that rape was 'nothing more or less than a conscious process of intimidation by which all men keep all women in a state of fear'.While the scholarship and politics of Against Our Will have been subjected to numerous and compelling critiques, the work retains canonical and even foundational status within feminist anti-rape politics. In this article I attempt a critical re-examination of feminist (her)story telling practices. By situating the story told in Against Our Will beside and within Brownmiller's story of the creation of the book and her own coming-to-consciousness, a more general reexamination of the role of women's speech and (her)story-telling in feminist anti-rape politics is afforded. This re-reading draws out two central aspects of the politics of (her)story-telling which can be found in Brownmiller's work and in the Joan W. Scott quotation above. Firstly, the need to be recognised as a 'just source' of women's stories has resulted in the granting of epistemological primacy to stories of women's experience or personal statements. Secondly, the desire to compensate for the lack of a 'classical myth' to authorise women's claims, resulting in an attempt to imbue these feminist (her)stories with their own mythology.

Cable Crossings: The Aran Jumper as Myth and Merchandise

This article considers the Aran jumper as a cultural artefact from an anthropological perspective. As an internationally recognized symbol of Irishness that comes with its own myth of origin, the Aran jumper carries emotionally charged ideas about kinship and nativeness. Whether read as an ID document, family tree, representation of the landscape or reference to Christian or pre-Christian spirituality, the Aran jumper’s stitch patterns seem to invite interpretation. Emerging at a particular period in the relationship between Ireland and America, this garment and the story that accompanies it have been shaped by migration and tourism, but may be understood very differently on either side of the Atlantic. The resilience of the myth of a fisherman lost at sea, whose corpse is identifiable only by designs his relatives have stitched into his clothing, is explained in light of its resonance with diasporic narratives and transnational longings.

Inter-Agency Evidence Sharing in Competition Law Enforcement

While transnational antitrust enforcement is becoming only more common, the access to foreign-based evidence remains a considerable practical challenge. This article appraises considerations and concerns surrounding confidentiality, and looks into ways of their possible accommodation. It further identifies and critically evaluates the existing mechanisms allowing for inter-agency confidential information/ evidence sharing in competition law enforcement. The article outlines the shortcomings of the current framework and points to novel unilateral approaches. In the latter regard the focus is devoted to Australia, where the competition agency is empowered to share confidential information with foreign counterparts, also without any underlying bilateral agreement and on a non-reciprocal basis. This solution shows that a pragmatic and workable approach to inter-agency evidence sharing can be achieved.

Male Perpetrators of Domestic Violence: How should we hold them to account?

Domestic violence is now widely acknowledged as being a significant social, health and legal issue. At both a national and transnational level governments have sought to develop strategies built upon prevention, support for victims and holding perpetrators to account through criminal justice sanctions. However, the current paradigm that informs the policy response to most perpetrators of domestic violence has failed to deliver the outcomes required, in terms of a reduction in levels of recidivism or the improved safety of women and children. It is argued that holding men to account through external controls has failed and that interventions should support men to take responsibility for their own behaviour.

'The End of the Irish Poor Law?: Welfare and Healthcare Reform in Revolutionary and Independent Ireland'

This book explores welfare provision in Ireland from the revolutionary period to the 1940s, This work is a significant addition to the growing historiography of twentieth-century Ireland which moves beyond political history. It demonstrates that concepts of respectability, deservingness, and social class where central dynamics in Irish society and welfare practices. This book provides the first major study of local welfare practices, policies, and attitudes towards poverty and the poor in this era.

This book’s exploration of the poor law during revolutionary and independent Ireland provides fresh and original insights into this critical juncture in Irish history. It charts the transformation of the former workhouse system into a network of local authority welfare and healthcare institutions including county homes, county and hospital hospitals, and mother and baby homes. This book provides historical context to current day debates and controversies relating to the institutionalisation of unwed mothers and child welfare policies.

This book undertakes two cases studies on county Kerry and Cork city; also, Irish experiences are placed against the backdrop of wider transnational trends.

This work has multiple audiences and will appeal to those interested in Irish social, culture, economic and political history. This book will also appeal to historians of welfare, the poor law, and the social history of medicine. It also informs modern-day social affairs.