The Ninth Edition of the Cork Online Law Review was launched at the beginning of March (2010) in the University College Cork Staff Common Room. The Chief State Solicitor, Mr. David O’Hagan was on hand to launch the edition and share his thoughts on the future of legal practice in Ireland.
The Medal for Best Overall Submission was awarded to Ms. Jennifer Hourihane for her essay, “The Perfect Storm” – Impact and Assessment of the Proposed Alternative Investment Fund Managers Directive.
The Edition in full is available here: PDF
Anthanasia Hadjigeorgiou – Balancing Conflicting Interests During Pregnancy: Ultrasound v Reality
Niamh O’Sullivan – Scientific Uncertainty and the Precautionary Principle
Alternatives to Traditional Sentencing Methods – The Efficacy and Constitutionality of Periodic Imprisonment in South Africa
 COLR 10
This paper discusses the efficacy and constitutionality of periodic imprisonment as an alternative to traditional, purely custodial sentences in the South African context. It is submitted that periodic imprisonment is both effective when it comes to attaining the general goals of punishment and also that it promotes a number of Constitutional rights, such as the right to dignity is section 10 and the right not to be treated or punished in a cruel, inhuman or degrading way in terms of section 12(1)(e). In the light of this, it is argued that courts should look at applying periodic imprisonment as a sentence wherever possible and suitable, and certainly more than is currently the case.
By HENRY ROUSSOW
The Criminal Justice (Surveillance) Act 2009: An Examination of the Compatibility of the New Act with Article 8 of the European Convention of Human Rights
 COLR 26
Prior to the enactment of the Criminal Justice (Surveillance) Act 2009, there was no law in this State regulating the power of the Gardai to conduct covert surveillance. Gardai nevertheless undertook this type of surveillance and used the intelligence gained to assist in the investigation of serious crimes. The enactment of the 2009 Act aims to bring the law on covert surveillance in Ireland into line with that of many European countries. Notwithstanding this fact, there are some parts of the 2009 Act that require detailed analysis in order determine its compatibility with article 8 of the European Convention on Human Rights (ECHR). The European Court of Human Rights (ECtHR) has been to the forefront in ensuring that surveillance law in European Union states meets certain key standards. These standards such as accessibility and foreseeability are addressed in detail in this paper in order to determine whether the new Act will pass these judicial tests. Key issues such as the lack of judicial control in issuing authorisations, the failure to define some of the main terms such as State Security in the Act and the level of judicial oversight envisaged in the new Act are all examined in this paper. These issues are analysed in detail and tested against the case law of the ECtHR in order to see if the new Act complies with some of the keys decisions of the ECtHR on covert surveillance.
By JOHN BARRY
 COLR 42
The article examines whether it is morally correct and legally possible to police a pregnant woman’s behaviour in order to protect the foetus. The first part of the paper discusses whether a pregnant woman should be forced to have a caesarean section; it proposes a ‘modified competency test’ which begins with the rebuttable presumption that the competent woman can refuse the operation if she offers at least one reason for her decision. The second part of the paper asks what should be the law’s reaction in cases where the pregnant addict causes serious injury or death to the foetus. There can be a criminal prosecution, civil liability or taking the baby from the mother as soon as she gives birth. Finally, a ‘middle solution’ is proposed which encourages women to come forward so that they can be rehabilitated. In both debates the pregnant woman should be the one who decides about her own future and society should only have a residual role; only this method will adequately protect both the mother’s and the foetus’ interests.
By ANTHANASIA HADJIGEORGIOU
In the Name of the Most Holy Trinity: Religious Anachronisms and the Need for a Secular Constitution
 COLR 56
This article critically analyses the religious references of the Irish Constitution, with particular focus on the effect these references have in relation to equality. It briefly examines the background to their inclusion in the text and, while conceding that this inclusion was both understandable and inevitable in 1937, argues that a secular Constitution would be more appropriate in the increasingly diverse Ireland of today. The article looks at various leading opinions and commentaries on the topic, as well as adding the author’s own views, proposing that amendment or deletion of these religious references would be beneficial in the interest of equality.
By BRIAN O’REILLY
“The Perfect Storm” – Impact and Assessment of the Proposed Alternative Investment Fund Managers Directive
 COLR 70
“Never let a good crisis go to waste”.
Winner of the Medal for Best Essay.
By JENNIFER HOURIHANE
 COLR 87
As evidence of anthropogenic climate change mounts there is a growing concern with, and a pressing need for, legal regimes to curtail the problem. This concern culminated in the recent climate change conference in Copenhagen. The US and the EU, as two of the largest contributors to the problem and as entities wielding significant political power, have a pivotal role to play in the creation and development of these regimes. With this in mind, this paper provides a brief survey of the measures taken in the respective jurisdictions to date to combat climate change. Starting with the Kyoto Protocol, the divergent approaches of the two jurisdictions will be noted and the effectiveness of the two regimes discussed, both in terms of emissions reduction and intangible benefits that have arisen. Some ‘best practice’ principles for the design of climate change law will be discerned, suggesting ways in which future climate change law can be more effective.
By GLENN WRIGHT
 COLR 114
By NIAMH O’SULLIVAN
Limiting the Potential for Bystander Apathy: On the Introduction of a Duty to Rescue in International Law
 COLR 126
This article examines the concept of Good Samaritanism in national law, and contrasts this with the recent attempts of the International Criminal Tribunals for Rwanda and Yugoslavia to introduce the duty via international criminal law. The author assesses such developments, in light of the psychological factors underlying the practice of bystander apathy during periods of mass human rights violations, and consequently argues for the introduction of a general duty to rescue in international law, separate and apart from the international criminal justice system.
By DONNA LYONS
LIMITING THE POTENTIAL FOR BYSTANDER APATHY: ON THE INTRODUCTION OF A DUTY TO RESCUE IN INTERNATIONAL LAW (PDF)
Rethinking the Mechanisms for Judgment Compliance in the Council of Europe and Eliminating the ‘Legal/Political Gap’
 COLR 136
This article examines the mechanisms through which the Committee of Ministers ensures that the Council of Europe Member States comply with the decisions of the European Court of Human Rights. It then offers new ideas as to how these mechanisms can be improved and evaluates the organisation’s attempt to deal with non-compliance problems through Protocol 14. It concludes that only by eliminating what has been termed the ‘legal/political gap’, will the organisation be truly effective in policing human rights abuses in Europe. This should be done through a series of changes, namely a more dynamic approach by the Committee, greater involvement of the court in the implementation process and better cooperation with the European Union and the European Commissioner for Human Rights. The organisation’s nature has changed from a group of self-policing States to largely a training centre for new democracies. The Council needs to adapt quickly: unless its authority is firmly established in this new state of affairs, its ineffectiveness will encourage further non-compliance by the newer Member States.
By ANTHANASIA HADJIGEORGIOU