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Anna Arstein-kerslake - One of the best experts on this subject based on the ideXlab platform.

  • Right to Legal Capacity in therapeutic jurisprudence: Insights from critical disability theory and the convention on the rights of persons with disabilities
    International journal of law and psychiatry, 2019
    Co-Authors: Anna Arstein-kerslake, Jennifer Black
    Abstract:

    This article addresses whether autonomy is being adequately protected within therapeutic jurisprudence models. It first outlines the history and theory of therapeutic jurisprudence - noting that protection for autonomy has been theorised as a key component of therapeutic jurisprudence. It then examines therapeutic jurisprudence in light of critical disability theory and identifies that traditional therapeutic models, which often prioritises the decision-making of professionals, can undermine the autonomy of the individual. The article then describes the protection for autonomy provided by the right to Legal Capacity in Article 12 of the Convention on the Rights of Persons with Disabilities. An analysis is undertaken of practical examples of where therapeutic jurisprudence falls short of the demands of Article 12. Finally, the article presents solutions for how therapeutic jurisprudence models could better protect autonomy via respect for the right to Legal Capacity in Article 12.

  • Gendered denials: Vulnerability created by barriers to Legal Capacity for women and disabled women
    International Journal of Law and Psychiatry, 2019
    Co-Authors: Anna Arstein-kerslake
    Abstract:

    Abstract This article explores the vulnerability that is created when Legal Capacity is denied to women and disabled women. It argues that vulnerability is largely contingent on social constructs – as opposed to being an inherent quality of disability or gender. It discusses barriers to the exercise of Legal Capacity that women and disabled women experience – such as limitations on reproductive choice, higher rates of substituted decision-making, and unique experiences with forced mental health treatment. It then explores evidence that such barriers are disempowering and can leave women and disabled women vulnerable to abuse and marginalisation. It explores financial, physical and sexual abuse that can occur as a result of this vulnerability. Finally, it concludes that autonomy and power are inextricably linked and can be essential for minimising vulnerability.

  • An Empowering Dependency: Exploring Support for the Excercise of Legal Capacity
    2016
    Co-Authors: Anna Arstein-kerslake
    Abstract:

    The Convention on the Rights of People with Disabilities specifies that people with disabilities have the right to enjoy Legal Capacity on an equal basis with others and an accompanying duty of states parties to provide access to support for exercising Legal Capacity. This article uses moral philosophy to ground a discussion of personhood and supported decision-making. It discusses the cognitive prosthesis model as a possible structure for supported decision-making and identifies the potential strengths and weaknesses of such a system. In particular, it examines the effect dependency relationships will have on supported decision-making. It concludes with fourprinciples for safeguarding the relationship of supported decision-making.

  • Legal Capacity and Supported Decision-Making: Respecting Rights and Empowering People
    SSRN Electronic Journal, 2016
    Co-Authors: Anna Arstein-kerslake
    Abstract:

    This article presents an overview of the right to Legal Capacity and the accompanying state obligation to provide support for the exercise of Legal Capacity. It addresses the provisions of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) and the UN Committee on the Rights of Persons with Disabilities’ interpretation of Article 12 in their first General Comment. Finally, it identifies the impact of the denial of Legal Capacity on the lives of people with disabilities and analyses areas of the law in need of reform.

  • Understanding sex: the right to Legal Capacity to consent to sex
    Disability & Society, 2015
    Co-Authors: Anna Arstein-kerslake
    Abstract:

    This article addresses the right to Legal Capacity to consent to sex of people with intellectual disabilities. Article 12 of the Convention on the Rights of Persons with Disabilities guarantees the right to Legal Capacity on an equal basis in all areas of life. This article discusses sex as an area of life in which people with intellectual disabilities are frequently not being granted Legal Capacity on an equal basis. The article examines current Capacity to consent to sex law in Ireland, England and Wales in light of Article 12. It proposes an ‘agreement model’ as a potential alternative that would be Article 12 compliant.

Mikołaj Malinowski - One of the best experts on this subject based on the ideXlab platform.

  • Economic consequences of state failure; Legal Capacity, regulatory activity, and market integration in Poland, 1505-1772
    The Journal of Economic History, 2019
    Co-Authors: Mikołaj Malinowski
    Abstract:

    With use of innovative proxies and new annual data, I demonstrate that relatively high Legal Capacity and regulatory activity of the early-modern Polish parliament, the Seym, was positively associated with deeper domestic commodity market integration. Conversely, the lack of effective law-making, caused by the right of a single delegate to discontinue the Seym's sessions, fostered market fragmentation. This indicates that early parliamentary regimes required Legal Capacity to harmonize domestic institutions and reduce the transaction costs. The Polish case suggests a hypothesis that the pre-1800 "Little Divergence" between European parliamentary regimes could be explained by differences in their governments' capacities.

  • Economic consequences of state failure; Legal Capacity, regulatory activity, and market integration in Poland, 1505-1772
    2018
    Co-Authors: Mikołaj Malinowski
    Abstract:

    With use of innovative proxies and new annual data, I demonstrate that relatively high Legal Capacity and regulatory activity of the early-modern Polish parliament was positively associated with deeper commodity market integration. Conversely, the lack of effective law-making, caused by the right of a single delegate to discontinue the parliamentary sessions, fostered market fragmentation. This indicates that early parliamentary regimes might have required Legal Capacity to harmonize domestic institutions and reduce the transaction costs. The Polish case suggests a hypothesis that the pre-1800 ‘Little Divergence’ between European parliamentary regimes could potentially be partially explained by differences in their capacities.

Gregory Shaffer - One of the best experts on this subject based on the ideXlab platform.

  • Indian Trade Lawyers and the Building of State Trade-Related Legal Capacity
    SSRN Electronic Journal, 2014
    Co-Authors: Gregory Shaffer, James J. Nedumpara, Aseema Sinha
    Abstract:

    This paper examines the growing role of Indian lawyers in the transformation of Indian trade policy through the development of trade-related Legal Capacity. By trade-related Legal Capacity we mean, broadly, the ability of a country to use law to engage proactively in the development and defense of international and domestic policy. Such Capacity is critical for the drafting and interpretation of international Legal agreements, the adoption of domestic regulation within those agreements’ constraints in order to defend policy space, the monitoring of foreign commitments, and the development of Legal arguments in formal international litigation and informal dispute settlement. Through developing Legal Capacity, public and private actors work together to open export opportunities abroad and defend domestic policy measures at home. While others have written of the Legalization of international trade through the increased role of the WTO Legal secretariat and the emergence of the WTO Appellate Body in international dispute settlement, this paper addresses the growing role of lawyers in the development of trade policy at home in one of the world’s rising powers, India.The paper builds from years of field research in India and Geneva, involving semi-structured interviews with over fifty Indian officials and stakeholders. The interviewees included former Ambassadors, members of the bureaucracy, private lawyers, private trade association and industry representatives, researchers in think tanks, academics, and news reporters. We complemented these interviews with participant observation in Geneva and in New Delhi, and reviewed our findings against primary and secondary documents.

  • Does Legal Capacity matter? A survey of WTO Members
    World Trade Review, 2009
    Co-Authors: Marc L. Busch, Eric Reinhardt, Gregory Shaffer
    Abstract:

    AbstractPrevious studies of WTO dispute settlement have sought to evaluate whether a Member's Legal Capacity influences its odds of bringing litigation before the multilateral trade regime. Because direct measures of Legal Capacity are elusive, these studies have had to use indirect proxies, such as per capita income or number of delegates in Geneva. Yet, the reliability of these measures is questionable. To gauge Legal Capacity more directly, we surveyed all WTO Members, posing questions concerning their professional staff, bureaucratic organization at home, bureaucratic organization in Geneva, experience handling general WTO matters, and involvement in WTO litigation. Using responses from this survey, we constructed an index of Members' WTO Legal Capacity that speaks more fully to the challenges of dispute settlement than do commonly used proxies, none of which are strongly correlated with our measure. We supplemented this survey with over three dozen semi-structured interviews with Members' representatives in Geneva, the results of which bear out the importance of properly measuring Legal Capacity.

  • Does Legal Capacity matter? A survey of WTO Members *
    World Trade Review, 2009
    Co-Authors: Marc L. Busch, Eric Reinhardt, Gregory Shaffer
    Abstract:

    Previous studies of WTO dispute settlement have sought to evaluate whether a Member's Legal Capacity influences its odds of bringing litigation before the multilateral trade regime. Because direct measures of Legal Capacity are elusive, these studies have had to use indirect proxies, such as per capita income or number of delegates in Geneva. Yet, the reliability of these measures is questionable. To gauge Legal Capacity more directly, we surveyed all WTO Members, posing questions concerning their professional staff, bureaucratic organization at home, bureaucratic organization in Geneva, experience handling general WTO matters, and involvement in WTO litigation. Using responses from this survey, we constructed an index of Members' WTO Legal Capacity that speaks more fully to the challenges of dispute settlement than do commonly used proxies, none of which are strongly correlated with our measure. We supplemented this survey with over three dozen semi-structured interviews with Members' representatives in Geneva, the results of which bear out the importance of properly measuring Legal Capacity.

  • Does Legal Capacity Matter? Explaining Dispute Initiation and Antidumping actions in the WTO
    2008
    Co-Authors: Marc L. Busch, Eric Reinhardt, Gregory Shaffer
    Abstract:

    Does Legal Capacity matter in the World Trade Organization (WTO)? The conventional wisdom is that the “right perseveres over might” under the WTO’s more Legalistic dispute settlement system. Yet, others stress that members can only take advantage of the rule of law if they have the resources to protect their rights through litigation. Despite all the interest in this topic, there is virtually no empirical evidence about how Legal Capacity affects patterns of litigation and import protection. Using an original survey of WTO delegations, we construct a novel index of Legal Capacity, and include this in a study of 1321 antidumping (AD) investigations between 1995 and 2005 by 17 WTO Members against firms located in 33 countries. We hypothesize that Members with more Legal Capacity are more likely to challenge AD suits brought against them at the WTO, and less likely to be named in AD petitions in the first place. The results strongly bear out our expectations; Legal Capacity matters.

  • Does Legal Capacity Matter? Explaining Patterns of Protectionism in the Shadow of WTO Litigation
    SSRN Electronic Journal, 2008
    Co-Authors: Marc L. Busch, Eric Reinhardt, Gregory Shaffer
    Abstract:

    Does Legal Capacity matter in the World Trade Organization (WTO)? The conventional wisdom is that the right perseveres over might under the WTO's more Legalistic dispute settlement system. Yet, others stress that members can only take advantage of the rule of law if they have the resources to protect their rights through litigation. Despite all the interest in this topic, there is virtually no empirical evidence about how Legal Capacity affects patterns of litigation and import protection. Using an original survey of WTO delegations, we construct a novel index of Legal Capacity, and include this in a study of 1321 antidumping (AD) investigations between 1995 and 2005 by 17 WTO Members against firms located in 33 countries. We hypothesize that Members with more Legal Capacity are more likely to challenge AD suits brought against them at the WTO, and less likely to be named in AD petitions in the first place. The results strongly bear out our expectations; Legal Capacity matters.

Annmarie Obrien - One of the best experts on this subject based on the ideXlab platform.

Jim Campbell - One of the best experts on this subject based on the ideXlab platform.