Books and Journals › Civil Law
- Southampton Student Law Review From Nbr. 1-1, January 2011 to Nbr. 9-1, January 2019 University of Southampton, 2020
- SOAS Law Journal From Nbr. I-I, January 2014 to Nbr. VII-I, January 2020 SOAS University of London, 2020
- La decisión de acusar. Un estudio a la luz del sistema acusatorio inglés by: Dykinson, 2014
- Adoption & Fostering From Vol. 30 Nbr. 1, March 2006 to Vol. 36 Nbr. 3, September - September 2012 Sage Publications, Inc., 2009
- Autonomous Weapons Systems & Accountability: Rethinking Criminal Responsibility for War Crimes at the ICC
- The Tussle with Constitutionalism and the Rule of Law: The Case of Cameroon
- Evaluation of Whether The Awards Annulled at The Seat of Arbitration Should be Enforced in Other Jurisdictions in the Context of Juridical Theories of Arbitration
- The Effect of China’s Law-Making Power on its Participation in the WTO DSM
- Corporate Accountability in International Law: a “State Shaming” Exercise
- Reforming the Current United Nations Sanctions System: A Necessary Exercise in the 21st Century
- Regulation of the Social Media in Electoral Democracies: A Case of Kenya
- Foreword: Looking Forward and Back in Time of Transitions
Does a Choice of Law Bind a Claimant in a Direct Action? An Analysis in Relation to Insurance Contracts in a Maritime Law Context
This article examines the application of European Union rules on a choice of law in relation to direct action claims, with a focus on insurance contracts in a maritime setting. This is an important legal matter which needs to be addressed, since, in cases of insolvent tortfeasors, third parties may be left without a remedy for damages incurred. The analysis will look into the most recent case law
Don't Go Taking My Heart: A New Model for Organ Donation Law and Consent
In light of continued disparity between registered organ donors and patients in need of a transplant, this article seeks to evaluate purported solutions as enacted by the UK and other governments, with particular focus on the current explicit consent and proposed presumed consent models. The article seeks to view Organ Donation law in the UK through a wide lens, focusing not only on results...
The Law of Illegality and Trusts: A New Mess for the Old One
In Patel v Mirza,1 the Supreme Court overruled the highly controversial judgment of the House of Lords in Tinsley v Milligan.2 The new ‘range of factors’ test adopted by the landmark decision, which replaced the narrow ‘reliance’ test formulated in Tinsley v Milligan, however does not produce different results in every single case. This article highlights the impact of the law on illegality of...
Modern Day Illegality: Mance LJ and the Range of Factors Approach
The longstanding principles underpinning equitable and common law proprietary claims in relation to illegality have recently been reconsidered in the Supreme Court, the outcome of which was a change of approach in assessing reliance on illegality. This paper explores Mance LJ’s (as he then was) distaste of abiding by established illegality doctrines and the extent to which his view was echoed and
Can the Prospect of Unmanned Ships Stay Afloat under the Current Collision Regulations?
The prospect of unmanned shipping was previously confined to fiction, however, technological developments over the last decade have firmly established their place in the future of the Shipping industry. This essay focuses on unmanned ship’s ability to comply with the 1972 Collision Regulations (COLREGs). This essay will discuss whether unmanned ships can satisfy the existing COLREGs, whether...
The Journey of Good Faith: Where Does It belong in General Contract Law?
This piece considers the doctrine of good faith and its existence in contract law which began with Lord Mansfield’s judgment in Carter v Boehm. Then, reconsiders the general contract law approach in reluctance to establishing an overriding duty of good faith. Parallels are drawn from the operation of the pre-contractual duty of good faith in insurance contracts to demonstrate that an overreaching
- Beyond the Failure of Justice: Lebanon’s General Amnesty Law of 1991 and Access to Redress for Victims of the 1975- 1990 Civil War
- Section 54 of the Modern Slavery Act 2015 and the Corporation
- Banality of Evil Meets Unity of Purpose: Criminological Similarities between Italian Mafia Groups and International Crimes
- The Durability of Truth and Reconciliation in Peru´: A Perspective from 2018
- The Rise of Mediation and its Erosive Effect on the Rule of Law in Dispute Resolution
- Leveraging International Legal and Human Rights Mechanisms: Efforts to End Forced Labour in Burma/Myanmar
- The Modern Shaping of “Minorities” in the Post-Ottoman Era: An Anachronism in Service of Sectarian Powers and Nation-States
- Charanne v Spain and Eiser v Spain: Comparative Case Analysis on Legitimate Expectations and Fair and Equitable Standard
- Enforced Disappearances and the Application of International Humanitarian Law to the Conflict in the Southern Border Provinces of Thailand
- Key Changes Introduced by the Criminal Finances Act 2017 and their likely Impact in Combatting Financial Crime and Terrorist Financing
Peace in our time? Averting Transitional Justice's Mid-life Crisis in Liberia
Transitional justice’s goal, broadly construed, is to ensure accountability and redress for victims in post-conflict societies devastated and divided at its core by systemic human rights violations. Yet, the noble aims of transitional justice and its attendant mechanisms are almost always hamstrung by context-insensitivity, disenchantment with the transitional process, and the propensity of...
The Principle of Supremacy and the Response of Member States' Constitutional Courts
One of the main concerns that was highlighted, by the referendum requesting Britain to leave the European Union, was the principle of supremacy as developed by the European Court of Justice. This article will examine the principle of supremacy, the response by national courts, the true nature and extent of the principle, whilst discussing the statement by Michael Gove MP on who should be the...
Comment on the decision in RFC 2012 Plc (in liquidation) v Advocate General for Scotland  UKSC 45
In the Rangers1 case, the Supreme Court heard an appeal concerning whether a charge to income tax was applicable to payments made by an employer into a trust, on behalf of an employee. It considers the meaning of ‘earnings’ in relation to the income tax statutes and reaches the conclusion that the payments made by the Rangers were ‘earnings’. In this article, the reasoning of the Court will be...
Copyright protection of TV Formats in the UK: Banner Universal Motion Pictures Ltd v. Endemol Shine Group Ltd  EWHC 2600 (Ch)
In its decision of 19th October 2017, the High Court of Justice, Chancery Division (EWHC) held that under Copyright Designs and Patents Act 1988 ("CDPA"), a creator of a TV format is entitled to obtain copyright protection by complying with two minimum standards. The first standard being that there should be some apparently identified features which, taken together, distinguish the show
Article 8 and McDonald: A Tasty Judgement for Private Landlords but A Hard One to Swallow for Residential Tenants
In 2016, the Supreme Court decided in McDonald v McDonald1 that Article 8 of the European Convention on Human Rights cannot justify a different mandate to that of the contractual relationship between private tenants and landlords, and the mandate that Parliament decided when balancing the competing interests. This essentially means that judges are not required to assess proportionality when a...