All Outputs (46)

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024: a legislative commentary. (2024)
Journal Article
MAK, C.H.W. 2024. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024: a legislative commentary. Scots Law Times [online], 37, pages 262-264. Available from: http://legalresearch.westlaw.co.uk/

This article considers the background to, and implications of, the United Nations Convention of the Rights of the Child (Incorporation)(Scotland) Act 2024.

Trust declarations and creditor protection in insolvency: lessons from Wade and Anor v Singh and Ors. (2024)
Journal Article
MAK, C.H.W. 2024. Trust declarations and creditor protection in insolvency: lessons from Wade and Anor v Singh and Ors. Trusts and trustees [online], Advance articles. Available from: https://doi.org/10.1093/tandt/ttae086

The High Court case Amanda Wade and Nicholas Nicholson (Joint Liquidators of Msd Cash and Carry Plc (In Liquidation)) v Mohinder Singh, Surjit Singh Deol, Raminder Kaur Deol, the Estate of Bakshish Kaur (Deceased) ('Wade and Anor v Singh and Ors') ex... Read More about Trust declarations and creditor protection in insolvency: lessons from Wade and Anor v Singh and Ors..

Retaining trust: the Hip Hing Construction case and the future of cash retentions in the construction industry. (2024)
Journal Article
CHRISTIE, D.S. and MAK, C.H.W. 2024. Retaining trust: the Hip Hing Construction case and the future of cash retentions in the construction industry. Edinburgh law review [online], 28(3), pages 422-427. Available from: https://doi.org/10.3366/elr.2024.0923

Cash retentions are commonly provided for in construction contracts. These provisions allow the employer under a contract to hold back a portion of an instalment payment. These retained portions are then paid to the contractor at specific points: us... Read More about Retaining trust: the Hip Hing Construction case and the future of cash retentions in the construction industry..

A comparative analysis of blockchain and competition law in the European Union and the United States: decentralization, data accumulation and collusion. (2024)
Journal Article
MAK, C.H.W. 2024. A comparative analysis of blockchain and competition law in the European Union and the United States: decentralization, data accumulation and collusion. European competition law review [online], 45(7), pages 323-329. Available from: https://uk.westlaw.com/

This article compares how competition authorities in the EU and US approach the challenges of blockchain technology, including its potential to foster collusion and cartels. The author suggests regulatory reforms such as a multi-stakeholder approach,... Read More about A comparative analysis of blockchain and competition law in the European Union and the United States: decentralization, data accumulation and collusion..

Assessing the impact: a 2024 perspective on Scotland's Hate Crime and Public Order Act of 2021. (2024)
Journal Article
MAK, C.H.W. 2024. Assessing the impact: a 2024 perspective on Scotland's Hate Crime and Public Order Act of 2021. Scots law times [online], 2024(19), pages 83-85. Available from: https://uk.westlaw.com

The author reviews the background of the the Hate Crime and Public Order (Scotland) Act 2021 and it's impact and complexity of implementation. The primary objective of the law was to offer enhanced protection for victims and communities by consolidat... Read More about Assessing the impact: a 2024 perspective on Scotland's Hate Crime and Public Order Act of 2021..

Transformative impact of blockchain technology and smart contracts on dispute resolution: legal challenges and other implications. (2024)
Presentation / Conference Contribution
CHRISTIE, D., MANTE, J. and MAK, C.H.W. [2024]. Transformative impact of blockchain technology and smart contracts on dispute resolution: legal challenges and other implications. Kuwait International Law School journal [online], (accepted for forthcoming special issue): proceedings of the 10th Kuwait International Law School annual international academic conference (KILAW 2024): artificial intelligence: its applications, academic and practical legal implications, 1-2 May 2024, Kuwait City, Kuwait. To be made available from: https://journal.kilaw.edu.kw

This paper comprehensively analyses the potential of blockchain technology and smart contracts to revolutionise dispute resolution. As dispute resolution methods evolve, blockchain and smart contracts, which offer efficiency, transparency, and fairne... Read More about Transformative impact of blockchain technology and smart contracts on dispute resolution: legal challenges and other implications..

Religious accommodation and its limits. (2024)
Journal Article
MAK, C.H.W. 2024. Religious accommodation and its limits. Journal of church and state [online], 66(2), pages 133–134. Available from: https://doi.org/10.1093/jcs/csae007

As society grapples with the role and reach of religious accommodation in secular liberal societies, Farrah Raza delves into this high-stakes debate with keen insight in her thought-provoking book, Religious Accommodation and Its Limits. Raza careful... Read More about Religious accommodation and its limits..

The Trusts and Succession (Scotland) bill: a critical analysis of modernising Scottish trust law. (2024)
Journal Article
MAK, C.H.W. 2024. The Trusts and Succession (Scotland) Bill: a critical analysis of modernising Scottish trust law. Scots law times [online], 2024(5), pages 23-26. Available from: https://uk.westlaw.com

This article discusses the scope and application of the Trusts and Succession (Scotland) Bill 2021, now the Trusts and Succession (Scotland) Act 2024, which modernises the legal framework governing the appointment and removal of trustees, duties of t... Read More about The Trusts and Succession (Scotland) bill: a critical analysis of modernising Scottish trust law..

Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes. (2024)
Journal Article
MAK, C.H.W. and CHIPPIN, M. 2024. Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes. Trusts and trustees [online], 30(4), pages 189-193. Available from: https://doi.org/10.1093/tandt/ttae003

This paper examines trust taxation in Australia and Canada, focusing on the Australian Income Tax Assessment Act 1936's Section 97(1) and the Canadian Income Tax Act's Section 94.1. It explores the Australian Carter and the Canadian Fundy Settlement... Read More about Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes..

The impact of the recent EU Insolvency Directive on Scottish insolvency law. (2024)
Journal Article
MAK, C.H.W. 2024. The impact of the recent EU Insolvency Directive on Scottish insolvency law. Scots Law Times, 2024(1), pages 1-5. Available from: https://uk.westlaw.com

Considers the implications for Scottish insolvency law of the EU's Proposal for a Directive harmonising certain aspects of insolvency law (Insolvency Directive), looking at the challenges and opportunities created by the Directive's emphasis on consi... Read More about The impact of the recent EU Insolvency Directive on Scottish insolvency law..

Blockchain and smart contracts: a game changer in mediation? (2023)
Journal Article
MAK, C.H.W. and MANTE, J. 2023. Blockchain and smart contracts: a game changer in mediation? Asian journal on mediation, 2023, pages 49-64.

In light of accelerating technological innovation and shifts in dispute resolution paradigms, this article elucidates the transformative potential of blockchain technology and smart contracts in mediation. The paper posits that these advancements off... Read More about Blockchain and smart contracts: a game changer in mediation?.

Intellectual property rights in the age of AI: a comparative analysis of Chinese and us legal perspectives. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. Intellectual property rights in the age of AI: a comparative analysis of Chinese and us legal perspectives. [Blog post]. Posted on Digital law Asia [online], 6 December 2023. Available from: https://digital.law.nycu.edu.tw/blog-post/upqxqv/

The landmark ruling by the Beijing Internet Court on the copyright infringement of AI-generated images heralds a new era in the legal treatment of artificial intelligence's creative outputs. This decision, the first of its kind concerning AI-generate... Read More about Intellectual property rights in the age of AI: a comparative analysis of Chinese and us legal perspectives. [Blog post].

Digital solidarity in action: paving the way for collective resolution of sovereign debt crises. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. Digital solidarity in action: paving the way for collective resolution of sovereign debt crises. [Blog post]. Posted on Afronomicslaw: analysis, 24 November 2023. Available from: https://tinyurl.com/yrbx8ptx

In international law, the concept of solidarity is often framed in terms of mutual obligations and responsibilities primarily among states, particularly in times of crisis or need. Such a perspective is elaborated upon by the UN's Independent Expert... Read More about Digital solidarity in action: paving the way for collective resolution of sovereign debt crises. [Blog post].

So, now you are an arbitrator: the arbitrator's toolkit. (2023)
Journal Article
MAK, C.H.W. 2024. So, now you are an arbitrator: the arbitrator's toolkit. Asian journal of international law [online], 14(1), pages 208-209. Available from: https://doi.org/10.1017/S2044251323000553

In an epoch where arbitration is increasingly becoming a sine qua non for resolving international commercial disputes, the indispensability of mastering the nuances of arbitral procedures cannot be overstated. Against this backdrop, "So, Now You Are... Read More about So, now you are an arbitrator: the arbitrator's toolkit..

Utilising trust law as a mechanism for sovereign debt repayment. (2023)
Presentation / Conference Contribution
ARNELL, P. and MAK, C. 2023. Utilising trust law as a mechanism for sovereign debt repayment. Presented at the November 2023 Law School webinar, 8 November 2023 [virtual event]. Hosted on YouTube [online]. Available from https://www.youtube.com/watch?v=75jspzA5570

In this webinar, Paul Arnell and Charles Mak (both affiliated with the Robert Gordon University) will explore a creative yet rarely discussed solution to this issue - trust law. Just as trusts help individuals manage their finances, they can help cou... Read More about Utilising trust law as a mechanism for sovereign debt repayment..

"Smart contracts" versus "smart legal contracts": shifting terminology. [Blog post] (2023)
Digital Artefact
MANTE, J. and MAK, C. 2023. "Smart contracts" versus "smart legal contracts": shifting terminology. [Blog post]. Posted on the RGU Law School Blog [online], 2nd October 2023. Available from: https://rgulaw.blog/2023/10/02/smart-contracts-versus-smart-legal-contracts-shifting-terminology/

The notion that smart contracts are not actually contracts is a common assertion found in various writings on the subject. Lawyers can be forgiven for being confused, given that "smart contracts" do not qualify as contracts in the conventional sense.... Read More about "Smart contracts" versus "smart legal contracts": shifting terminology. [Blog post].

The potential of trust law in sovereign debt restructuring. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. The potential of trust law in sovereign debt restructuring. [Blog post]. Posted on The CLS blue sky blog [online], 29 September 2023. Available from: https://clsbluesky.law.columbia.edu/author/charles-ho-wang-mak/

The interplay between sovereign debt defaults and legal frameworks has long been a subject of scholarly discourse and practical concern. Navigating this labyrinthine arena necessitates a rigorous understanding of various legal paradigms, one of which... Read More about The potential of trust law in sovereign debt restructuring. [Blog post].

Trusts across borders: steering through the EU's insolvency directive and its implications for trustees. (2023)
Journal Article
MAK, C.H.W. 2023. Trusts across borders: steering through the EU's Insolvency Directive and its implications for trustees. Journal of international banking law and regulation [online], 38(10), pages 387-391. Hosted on Westlaw. Available from: https://uk.westlaw.com

This article delves into the multifaceted roles and responsibilities of trustees in cross-border insolvencies, with a spotlight on the EU’s proposed directive aiming to harmonise insolvency law. It acknowledges the unique position of trustees who, wh... Read More about Trusts across borders: steering through the EU's insolvency directive and its implications for trustees..

Cross-border trusts in flux: understanding the implications of the EU's proposed insolvency directive for trustees. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. Cross-border trusts in flux: understanding the implications of the EU's proposed insolvency directive for trustees. [Blog post]. Posted on Singapore global restructuring initiative (SGRI) [online], 25 September 2023. Available from: https://tinyurl.com/fn3prbuv

Insolvency law has emerged as a complex yet vital domain in a world increasingly entangled by complex financial transactions and obligations. It acquires a new layer of complexity when we turn our gaze towards cross-border insolvencies, and in the mi... Read More about Cross-border trusts in flux: understanding the implications of the EU's proposed insolvency directive for trustees. [Blog post].

The impact of blockchain and smart contracts on dispute settlement: a case for mediation. (2023)
Presentation / Conference Contribution
MAK, C.H.W. and MANTE, J. 2023. The impact of blockchain and smart contracts on dispute settlement: a case for mediation. Presented at the 2023 TIAC (Tashkent International Arbitration Centre) Journal of international dispute settlement inaugural annual conference (TJIDS 2023): dispute settlement: the past, present and future dimensions, 14 September 2023, Tashkent, Uzbekistan.

The research is premised on two important developments, accelerating technological innovation and shifts in dispute resolution paradigms. These advancements offer an innovative framework for dispute avoidance and a more efficient, transparent process... Read More about The impact of blockchain and smart contracts on dispute settlement: a case for mediation..