All Outputs (22)

The evolution of European policies on investment arbitration. (2019)
Journal Article
KOTELNIKOV, A.G. and VOROPAEV, K.A. 2019. The evolution of European policies on investment arbitration. Herald of the Euro-Asian law congress [online], 2019(1), pages 68-83. Available from: https://doi.org/10.34076/2619-0672-2019-1-68-83

Over the last two decades, the European Commission radically altered its attitude towards investment arbitration and became its fierce opponent. This article considers the history of this change, attempts to fathom the pragmatic thinking of the Europ... Read More about The evolution of European policies on investment arbitration..

O Tempora! O Mores! The place of boni mores in dignity discourse. (2019)
Journal Article
BROWN, J. 2020. O Tempora! O Mores! The place of boni mores in dignity discourse. Cambridge quarterly of healthcare ethics, 29(1), pages 144-155. Available from: https://doi.org/10.1017/S0963180119000872

In an earlier article, I had argued that Common lawyers and bioethicists may find the Romanistic notion of the actio iniuriarum, and the conception of ‘dignity’ which is central to this legal mechanism, instructive in complex medico-legal cases. Prof... Read More about O Tempora! O Mores! The place of boni mores in dignity discourse..

Offshore helicopter travel: is the U.K. oil and gas industry failing offshore workers? (2019)
Journal Article
DOWNIE, M. and GOSLING, D. 2020. Offshore helicopter travel: is the U.K. oil and gas industry failing offshore workers? New solutions: a journal of environmental and occupational health policy [online], 29(4), pages 504-518. Available from: https://doi.org/10.1177/1048291119887189

In the United Kingdom, oil and gas workers have been transported by helicopter to their workplace at offshore installations for over fifty years. During that time, there have been numerous fatal helicopter accidents. Despite calls from trade unions,... Read More about Offshore helicopter travel: is the U.K. oil and gas industry failing offshore workers?.

India-UK extradition law and practice: the case for reform. (2019)
Journal Article
ARNELL, P. 2020. India-UK extradition law and practice: the case for reform. Commonwealth law bulletin [online], 45(3), pages 411-430. Available from: https://doi.org/10.1080/03050718.2020.1733034

India–UK extradition law and practice need reform. This is particularly acute in rendition of persons from the UK to India. Leading cases including those of Vijay Mallya, Nirav Modi and Sanjeev Chawla evidence the need. The scale, nature and fate of... Read More about India-UK extradition law and practice: the case for reform..

Conveyancing. (2019)
Journal Article
ANDERSON, C. 2019. Conveyancing. Edinburgh law review [online], 23(3), page 457. Available from: https://doi.org/10.3366/elr.2019.0588

This is a book review by Craig Anderson on George L. Gretton and Kenneth G. C. Reid's 5th edition of 'Conveyancing'.

New developments in the law of sexual harassment. (2019)
Journal Article
MIDDLEMISS, S. 2019. New developments in the law of sexual harassment. Juridical review [online], 3, pages 269-276. Available from: http://westlaw.co.uk

This article reviews recent developments relating to sexual harassment, including research studies by YouGov, BBC Radio 5 Live and the Equality and Human Rights Commission. The author notes the definition of "sexual harassment" under the Equality Act... Read More about New developments in the law of sexual harassment..

Extradition, Taiwan and the speciality principle. (2019)
Journal Article
ARNELL, P. 2019. Extradition, Taiwan and the speciality principle. Scots law times [online], 2019(25), pages 89-92. Available from: http://westlaw.co.uk

Discusses Dean (Zain Taj) v Lord Advocate (HCJ Appeal) on the speciality rule in the Extradition Act 2003 s.95, and the compatibility of a UK-Taiwan memorandum of understanding with s.95.

Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? (2019)
Journal Article
BROWN, J. 2019. Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? Cambridge quarterly of healthcare ethics [online], 28(3), pages 522-533. Available from: https://doi.org/10.1017/S0963180119000446

The importance of human 'dignity' in disputes concerning biological material has been recognised, but the term 'dignity' itself is oft decried as a 'hopelessly amorphous', 'vacuous concept' which should be 'discarded as a potential foundation for rig... Read More about Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem?.

Enhancing Botswana's environmental performance by 2023. (2019)
Journal Article
MADEBWE, T. 2019. Enhancing Botswana's environmental performance by 2023. Law, environment and development journal [online], 15(1), pages 62-70. Available from: https://doi.org/10.25501/SOAS.00033082

The Botswana government has claimed that it intends to enhance environmental performance by 2023. Certainly, this would be a laudable and much needed achievement, considering that Botswana is home to some of the world's most impressive - and threaten... Read More about Enhancing Botswana's environmental performance by 2023..

Extradition and the Polish judiciary. (2019)
Journal Article
ARNELL, P. 2019. Extradition and the Polish judiciary. Scots law times [online], 2019(18), pages 53-55. Available from: http://westlaw.co.uk

This article discusses the rulings in Circuit Court of Warszawa-Praga v Maciejec (Sh Ct) and Regional Court in Bielsko-Biala, Poland v Charyszyn (Ch Ct) in which Polish nationals, subject to extradition order requests, argued that there was the appea... Read More about Extradition and the Polish judiciary..

Refusal of planning consent for the Docking Shoal offshore wind farm: stakeholder perspectives and lessons learned. (2019)
Journal Article
BROADBENT, I.D. and NIXON, C.L.B. 2019. Refusal of planning consent for the Docking Shoal offshore wind farm: stakeholder perspectives and lessons learned. Marine policy [online], 110, article ID 103529. Available from: https://doi.org/10.1016/j.marpol.2019.103529

The Docking Shoal project was developed by Centrica as part of The Crown Estate’s Round 2 of UK offshore wind licensing. After 8 years of development, the project was ultimately refused planning consent by the Secretary of State for Energy and Climat... Read More about Refusal of planning consent for the Docking Shoal offshore wind farm: stakeholder perspectives and lessons learned..

Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. (2019)
Journal Article
CHRISTIE, S. 2019. Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. Journal of medical law and ethics [online], 2019(1). Available from: https://www.uitgeverijparis.nl/en/reader/205341/1001426917

This paper considers the interpretation of section 25(2)(c) of the Mental Capacity Act 2005, on the relevance of subsequent inconsistent behaviour by the maker of an advance decision. Consideration of the very few cases, and analysis of how existing... Read More about Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law..

Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? (2019)
Journal Article
FATUROTI, B., AGBAITORO, G. and ONYA, O. 2019. Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? African journal of international and comparative law [online], 27(2), pages 225-245. Available from: https://doi.org/10.3366/ajicl.2019.0270

The case of Jonah Gbemre v. Shell Petroleum Development Company of Nigeria Limited made an historic deviation from the usual trend of seeking for monetary compensation by host communities in oil rich regions in Nigeria. Rather, it seeks to correct re... Read More about Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue?.

Johnston v R&J Leather (Scotland). (2019)
Journal Article
LAUTERBACH, T. 2019. Johnston v R&J Leather (Scotland). Scots law times [online], 2019(17), pages 51-52. Available from: https://uk.westlaw.com

This article discusses Johnston v R&J Leather (Scotland) Ltd (SAC) on whether, in circumstances where, despite immediate and unequivocal rejection of a leather suite as well as repeated attempts at making contact over a period of months, the buyers h... Read More about Johnston v R&J Leather (Scotland)..

Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child. (2019)
Journal Article
ROSS, H. 2019. Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child. International journal of children's rights [online], 27(2), pages 373-409. Available from: https://doi.org/10.1163/15718182-02702004

This article examines the use of limitation laws in the context of civil law claims under English law and Scots law brought by adult claimants in relation to allegations of historical abuse in childhood. Using case law as a barometer of judicial atti... Read More about Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child..

Splendid, but what does it actually mean? Good faith and relational contracts in the UK construction industry. (2019)
Journal Article
CHRISTIE, D. 2019. Splendid, but what does it actually mean? Good faith and relational contracts in the UK construction industry. Journal of commonwealth law [online], 1(1): proceedings of the 2018 Good faith in contract symposium,10-11 May 2018, Montréal, Canada, pages 403-442. Available from: https://www.journalofcommonwealthlaw.org/article/10813

The most important modern report on the culture of the UK construction industry had, as its aim, the creation of an atmosphere in the industry where, in the words of Lewis Carroll's Dodo: 'Everybody has won and all must have prizes' That required 'be... Read More about Splendid, but what does it actually mean? Good faith and relational contracts in the UK construction industry..

Young people and their understanding of loss and bereavement. (2019)
Journal Article
SCOTT, R., WALLACE, R., AUDSLEY, A. and CHARY, S. 2019. Young people and their understanding of loss and bereavement. Bereavement care [online], 38(1), pages 6-12. Available from: https://doi.org/10.1080/02682621.2019.1588560

A significant proportion of secondary school pupils in the UK have experienced the death of someone close. Bereavement in childhood can have a significant and long lasting impact. The aim of this study was to explore how pupils aged between 12 and 18... Read More about Young people and their understanding of loss and bereavement..

Extradition and mental health in UK law. (2019)
Journal Article
ARNELL, P. 2019. Extradition and mental health in UK law. Criminal law forum [online], 30(3), pages 339-372. Available from: https://doi.org/10.1007/s10609-019-09369-7

The response of UK extradition law and practice to requested persons presenting with mental health disorders is multi-faceted and unnecessarily complex. There are a number of reasons for this. They centre upon the law failing to adequately recognise... Read More about Extradition and mental health in UK law..

Jus quaesitum tertio: a res, not a right? (2019)
Journal Article
BROWN, J. 2019. Jus quaesitum tertio: a res, not a right? Juridical review [online], 1, pages 53-74. Available from: http://westlaw.co.uk(accepted).

Until the law was reformed by the Contract (Third Party Rights) (Scotland) Act 2017, the law relating to contractual third party rights, in Scotland, was perceived to be problematic. There were thought to be three main problems: Firstly, such a right... Read More about Jus quaesitum tertio: a res, not a right?.

Relationship problems? Liability of employers for sexual relationships at work. (2019)
Journal Article
MIDDLEMISS, S. 2019. Relationship problems? Liability of employers for sexual relationships at work. Interdisciplinary perspectives on equality and diversity [online] 5(1), article 62. Available from: http://journals.hw.ac.uk/index.php/IPED/article/download/62/50

Research has shown that sexual relationships at work are on the increase and the consequences for the parties (particularly employees and workers) can be the breakdown of working relationships, loss of employment and ultimately a legal claim. It ther... Read More about Relationship problems? Liability of employers for sexual relationships at work..