Language legislation in Ireland and the United Kingdom: Exploring the gaps between theory and practice

The central objective in this thesis is to explore the gaps between the normative justifications advanced for language rights and language legislative protection and the effective realisation of those rights and legislative provisions in practice. This objective is achieved by examining the scope and application of language rights and legislative provisions within language legislation in Ireland and the United Kingdom. Drawing on Canadian jurisprudence advocating for language rights to be recognised as “purposeful”, the thesis considers the extent to which Ireland and the United Kingdom have limited the acceptance of positive obligations as they relate to the provision of language services in the public sphere. In arguing that language rights are distinct in nature, the thesis suggests that in order for language rights to be effectively realised, an approach to language rights and language legislation more generally must be underpinned by a substantive vision of equality, otherwise language rights and legislative provisions merely amount to symbolic recognition and vacuous rhetoric as opposed to being substantive and enabling rights and provisions. Having said that, the thesis also recognises and elucidates the practical difficulties that arise in the realisation of language rights and language legislative provisions and in doing so seeks to stimulate further dialogue about the nature and limits of language rights and language legislation.

A thematic cost-benefit analysis of a marine protected area

The implementation of Marine Protected Areas (MPAs) is ultimately a social endeavour to sustain or improve human well-being via the conservation of marine ecosystems. The degree to which ecological gains are realised can depend upon how economic, ecological and social costs (negative impacts) and benefits (positive impacts) are included in the designation and management process. Without the support of key stakeholder groups whose user rights have been affected by the creation of an MPA, human impacts cannot be reduced. This study analyses a three year dataset to understand the themes associated with the economic, environmental and social costs and benefits of an MPA in Lyme Bay, United Kingdom (UK) following its establishment in 2008. Methodologically, the paper presents an ecosystem based management framework for analysing costs and benefits. Two hundred and forty one individuals were interviewed via questionnaire between 2008 and 2010 to determine perceptions and the level of support towards the MPA. Results reveal that despite the contentious manner in which this MPA was established, support for the MPA is strong amongst the majority of stakeholder groups. The level of support and the reasons given for support vary between stakeholder groups. Overall, the stakeholders perceive the social, economic and environmental benefits of the MPA to outweigh the perceived costs. There have been clear social costs of the MPA policy and these have been borne by mobile and static gear fishermen and charter boat operators. Local support for this MPA bodes well for the development of a network of MPAs around the UK coast under the United Kingdom Marine and Coastal Access Act 2009. However, this initial optimism is at risk if stakeholder expectation is not managed and the management vacuum is not filled.

Social impacts of a temperate fisheries closure: understanding stakeholders' views

The social dimensions of marine protected areas (MPAs) play an important role in MPA success, yet these social dimensions are little understood. We explore the social impacts arising from the establishment of an MPA using Lyme Bay (south west England) as a case study. Through a series of small group semi-structured interviews the social impacts experienced by fishermen (mobile and static gear), recreational users (divers and sea anglers) and recreation service providers (charter boat and dive businesses) were explored. The social impacts expressed varied according to activity in which the stakeholder group engaged. Negative themes included lengthening fishing trips, tension and conflict, fishermen identity, equity and uncertainty in the long-term. Positive themes included improved experiences for both commercial fishermen and recreational users, and expectations for long-term benefits. These impacts need to be understood because they influence stakeholder behaviour. Failure to interpret stakeholder responses may lead to poor decision-making and worsening stakeholder relations. These findings have implications for the success of the MPA in Lyme Bay, but also for the future network of marine conservation zones around the UK. Any assessment of MPA impacts must therefore identify social as well as economic and environmental change.

The Growth of US Credit Unions

The growth of US credit unions during the 1990s is investigated empirically, using univariate and multivariate cross sectional and panel estimation techniques. Univariate tests of the law of proportionate effect suggest that in general large credit unions grew faster than their smaller counterparts. On average credit unions with above-average growth in one period tended to experience below-average growth in the next. Smaller credit unions tended to have more variable growth than large ones. While credit unions share a common co-operative philosophy, they differ in terms of age profile, scope for membership growth, charter type and financial structure and performance. In estimations of a multivariate growth model, most of these characteristics are found to have a significant influence on the size-growth relationship. While large state chartered credit unions grew faster than their smaller counterparts, the reverse was true for federally chartered credit unions. In general, if larger credit unions grew faster than smaller ones, they tended to do so for specific reasons: because their charters were less restrictive, because they were more efficient, or because they had a financial structure that was more conducive to growth. Therefore credit union growth was not `random', but highly systematic.

The construction of images of people and place: Labelling Liverpool and stereotyping Scousers.

On 28th August 1207, King John created the Borough of Liverpool by granting its first charter. During the ensuing 800 years Liverpool has experienced a complex and changing social, economic and political history resulting in powerful images of the city and its people. This paper examines the labelling of Liverpool and stereotypes of Scousers. It explains how historical and contemporary events, and their coverage in various arms of the media, construct social and spatial imaginations of the city. This involves a more systematic contribution to the how and why dimensions of negative place imagery and social stereotypes, and enhances our understanding of the processes and issues affecting our interpretations of people and place. The analysis is both historical and contemporaneous in teasing out how previous and current events shape the perceptions of insiders and outsiders. This paper reveals that despite concerted efforts to re-brand Liverpool the city continues to face difficult challenges with ongoing bad publicity and negative place imagery.

What Happened to the ‘Development’ in Sustainable Development? Business Guidelines Two Decades After Brundtland

Over twenty years ago ‘Our Common Future’ presented a conceptualization and explanation of the concept of sustainable development. Since then numerous alternative definitions of the concept have been offered, of which at least some are exclusive to each other. At the same time, the role of business in the transition to sustainable development has increasingly received attention. Bringing these two trends in sustainable development together, this paper returns to the Brundtland version of the concept to examine to what extent the original principles of sustainable development are still embedded within key business guidelines, namely the UN Global Compact, the OECD Guidelines for Multinational Enterprises, the ICC Business Charter for Sustainable Development, the CAUX Principles, the Global Sullivan Principles and the CERES Principles. The findings suggest that these business guidelines tend to emphasize environmental rather than social aspects of sustainable development, in particular to the detriment of the original Brundtland prioritization of the needs of the poorest. Furthermore, the attention to environmental aspects stresses win-win situations and has a clear managerialist focus; whereas more conceptual environmental issues concerning systems interdependencies, critical thresholds or systemic limits to growth find little attention. The normative codes and principles targeted at the private sector thus not only add another voice to the multiple discourses on sustainable development but also contribute to a reinterpretation of the original agenda set by Brundtland towards conceptualizations of sustainable development around the needs of industrialised rather than developing countries. Copyright © 2011 John Wiley & Sons, Ltd and ERP Environment

An Analysis of Soft Law Applicable to Humanitarian Assistance: Relative Normativity in Action?

There is limited binding international law specifically covering the provision of humanitarian assistance in response to natural and human-made disasters. Yet a variety of authoritative soft law texts have been developed in the past 20 years, including the UN Guiding Principles on Internal Displacement, the Red Cross Red Crescent Code of Conduct and the Sphere Project’s Humanitarian Charter and Minimum Standards in Disaster Response. While such ‘non-binding normative standards’ do not carry the weight of international law, they play an essential role in the provision of humanitarian assistance albeit subject to their limited enforceability vis-à-vis intended beneficiaries and to their voluntary application by humanitarian actors. Notwithstanding a lack of legal compulsion, certain non-binding normative standards may directly influence the actions of States and non-State actors, and so obtain a strongly persuasive character. Analysis of texts that influence the practice of humanitarian assistance advances our understanding of humanitarian principles and performance standards for disaster response. As the International Law Commission debates draft articles on the Protection of Persons in the Event of Disasters, such non-binding normative standards are crucial to the development of an internationally accepted legal framework to protect victims of disasters.

Article 23: Equality between women and men

This analysis of Article 23 CFREU (Charter of Fundamental Rights for the European Union) argues that this provision can promote a more progressive understanding of gender equality then promoted by the European Court of Justice, in that it requires actual change in gender relations. It also finds shortcomings in that the EU conceptualises gender equality by relating women to men, thus falling short of providing a basis for women's rights.

EU Social and Labour Rights and EU Internal Market Law: Study for the EMPL Committee

EU Social and Labour Rights have developed incrementally, originally through a set of legislative initiatives creating selective employment rights, followed by a non-binding Charter of Social Rights. Only in 2009, social and labour rights became legally binding through the Charter of Fundamental Rights for the European Union (CFREU). By contrast, the EU Internal Market - an area without frontiers where goods, persons, services and capital can circulate freely – has been enshrined in legally enforceable Treaty provisions from 1958. These comprise the economic freedoms guaranteeing said free circulation and a system ensuring that competition is not distorted within the Internal Market (Protocol 27 to the Treaty of Lisbon). Tensions between Internal Market law and social and labour rights have been observed in analyses of EU case law and legislation. This study explores responses by socio-economic and political actors at national and EU levels to such tensions, focusing on collective labour rights, rights to fair working conditions and rights to social security and social assistance (Articles 12, 28, 31, 34 Charter of Fundamental Rights for the European Union). On the basis of the current Treaties and the CFREU, the constitutionally conditioned Internal Market emerges as a way to overcome the perception that social and labour rights limit Internal Market law, or vice versa. On this basis, alternative responses to perceived tensions are proposed, focused on posting of workers, furthering fair employment conditions through public procurement and enabling effective collective bargaining and industrial action in the Internal Market.

Oramics: Atlantis Anew

A moving image work co-commissioned by the Science Museum (London), with extensive unprecedented access to the Oramics archive at Goldsmiths College and the Science Museum. Conceived of as an Artist's film in homage to Daphne Oram, the pioneer of British Electronic Music and co-founder of the BBC Radiophonic workshop in 1958, the film features a close-up encounter with her unique invention, the Oramics Machine, housed at the Science Museum in London. Oram used drawn sound principles to compose ‘handwrought' electronic music, and yet the visual nature of her work remains largely unseen and unsung. Exhibitions: ‘Oramics to Electronica’ Science Museum (London 2011-14); solo exhibition as part of the International Rotterdam Film Festival (2013); group exhibition ‘The Sight of Sound’, Deutsche Bank VIP Lounge, Frieze Art Fair, NY (2012); ‘Samsung Art+ Prize’ BFI Southbank, London (2012). Screenings: mini-retrospective at the Lincoln Centre, NY, as part of the New York Film Festival (2013); Jarman Award Tour screenings (2012, venues included Whitechapel Gallery, London; FACT, Liverpool; CCA, Glasgow; The Northern Charter in partnership with CIRCA projects; Nottingham Contemporary, Nottingham; Watershed, Bristol; Duke of York Cinema, Brighton); Mini-retrospective screening and in conversation with Lis Rhodes, Tate Britain (London 2014); Mini-retrospective screening, DIM Cinema, The Cinematheque (Vancouver 2015); Mini-retrospective at Whitechapel Gallery (London 2016).

Sound Seam

A moving image work based on research with neurologists and audiologists, collectors and archivists. The film gives voice to the idea that every surface, in particular parts of our anatomy, is potentially inscribed with an unheard sound or echoes of voices from the past. The soundtrack’s musical composition is interlaced with a voice-over which draws on Rainer Maria Rilke’s text 'Primal Sound', where he reflects on the possibility of playing the coronal suture of a skull with a phonograph needle. The film uses microscopic photography, scanning electron microscopy, and sounds of otoacoustic emissions to uncover haunting aural bonescapes. The voiceovers too are recorded using old sound technology as a filter - writing and over-writing of wax cylinder to create unexpected scratches, glitches, loops and echoes. Exhibitions: shown as multi-channel sound/film installation AV festival (Newcastle 2010); solo exhibition at Wellcome Collection (London 2010-11); group exhibition ‘Samsung Art+ Prize’ BFI Southbank (London 2012); group exhibition ‘Transcendence’, Gertrude Contemporary, Melbourne (2014); solo exhibition as part of the International Rotterdam Film Festival (2013); group exhibition ‘The Sight of Sound’, Deutsche Bank VIP Lounge, Frieze Art Fair, NY (2012). Screenings: mini-retrospective at the Lincoln Centre, NY, as part of the New York Film Festival (2013); Jarman Award Tour screenings (2012, venues included Whitechapel Gallery, London; FACT, Liverpool; CCA, Glasgow; The Northern Charter in partnership with CIRCA projects; Nottingham Contemporary, Nottingham; Watershed, Bristol; Duke of York Cinema, Brighton), Whitechapel Gallery, London; FACT, Liverpool; CCA, Glasgow; The Northern Charter in partnership with CIRCA projects, Newcastle (special Q&A Aura Satz with Rebecca Shatwell, director of AV festival); Nottingham Contemporary, Nottingham; Watershed, Bristol; Duke of York Cinema, Brighton; Mini-retrospective at Tate Britain (London 2014); Mini-retrospective screening, DIM Cinema, The Cinematheque (Vancouver 2015); Mini-retrospective at Whitechapel Gallery (London 2016). Publications: ‘Sound Seam’ booklet with contributions by Steven Connor and Tom McCarthy (2010).

Magna Charta and Parliament 1900-1914

In 1915 plans for the celebration of the 700th anniversary of Magna Carta had to be dropped following the outbreak of the First World War. Such celebrations marked a sense of Magna Carta as an event in the history of these islands. The usage of the term Magna Carta in Parliament in the run-up to the First World War, however, shows that its granting was not seen only as a significant historical event to be memorialised. During the period from 1900, opening with war in South Africa and ending in 1914 with war throughout Europe, the Great Charter was mentioned 85 times in Parliament. As a period marked by a lengthy constitutional crisis in 1909-11 and beset with problems in Ireland and the Empire, this seems like a good case study period to choose. This short paper attempts to analyse how and why it was invoked in Parliament in the years and what these various usages tell us about how Magna Carta was understood at the time.

On the 'inherent' character of the right of states to self-defence

While there is no lack of studies on the use of armed force by states in self-defence, its qualification as an ‘inherent right’ in article 51 of the Charter of the United Nations has received little scholarly attention and has been too quickly dismissed as having no significance. The present article fills this gap in the literature. Its purpose is not to discuss the limits to which article 51 or customary international law submit the exercise of the right of self-defence by states, but to examine what its 'inherent’ character means and what legal consequences it entails. The article advances two main arguments. The first is that self-defence is a corollary of statehood as presently understood because it is essential to preserving its constitutive elements. The second argument is that the exercise of the right of self-defence must be distinguished from the right itself: it is only the former that may be delegated to other states or submitted to limitations under customary international law and treaty law. The right of self-defence, however, cannot be alienated and it takes precedence over other international obligations, although not over those specifically intended to limit the conduct of states in armed conflict or over non-derogable human rights provisions.