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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..

Social work and human rights: a practice guide. (2019)
Report
HARMS-SMITH, L., MARTINEZ-HERRERO, M.I.,ARNELL, P., BOLGER, J., BUTLER-WARKE, A., COOK, W., DOWNIE, M., FARMER, N., NICHOLLS, J. and MACDERMOTT, D. 2019. Social work and human rights: a practical guide. Birmingham: BASW [online]. Available from https://www.basw.co.uk/media/news/2019/dec/social-work-and-human-rights-guides-launched

The legislation and policy under which social workers practice is governed by human rights legislation. The Human Rights Act 1998 identified a number of protections including the right to liberty (Article 5) and the right to family life (Article 8).... Read More about Social work and human rights: a practice guide..

Social work and human rights: the international context. (2019)
Report
HARMS-SMITH, L., MARTINEZ-HERRERO, M.I., ARNELL, P., BOLGER, J., BUTLER-WARKE, A., DOWNIE, M., NICHOLLS, J. and MACDERMOTT, D. 2019. Social work and human rights: the international context. Birmingham: BASW [online]. Available from https://www.basw.co.uk/media/news/2019/dec/social-work-and-human-rights-guides-launched

This publication is a companion to ‘Social Work and Human Rights: A Practice Guide’. Both publications can be read separately or together. To maintain continuity between the two the numbering of ‘Social Work and Human Rights: The International Contex... Read More about Social work and human rights: the international context..

Extraditing Ponsati to Spain is not a clear cut process and involves certain procedures. [Newspaper article] (2019)
Other
ARNELL, P. 2019. Extraditing Ponsati to Spain is not a clear cut process and involves certain procedures. The Scotsman, 15 November 2019.

A second European Arrest Warrant (EAW) seeking St Andrews academic Clara Ponsati has been issued by Spain. The first EAW was withdrawn in June last year following a decision of a German court in the case of former Catalan president Carles Puigdemont.... Read More about Extraditing Ponsati to Spain is not a clear cut process and involves certain procedures. [Newspaper article].

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..

A socio-legal case study of advocacy and non-advocacy mechanisms established to support the participation of children and young people in non-judicial decision-making processes in Moray. (2019)
Thesis
GRIEVE, L.R. 2019. A socio-legal case study of advocacy and non-advocacy mechanisms established to support the participation of children and young people in non-judicial decision-making processes in Moray. Robert Gordon University [online], PhD thesis. Available from: https://openair.rgu.ac.uk

The practice of researching children and young people's participation can be an attractive proposition for multiple disciplines within the humanities and is often buttressed by reference to the substantive articles in the United Nations Convention on... Read More about A socio-legal case study of advocacy and non-advocacy mechanisms established to support the participation of children and young people in non-judicial decision-making processes in Moray..

Realising the effective enforcement of civil and political rights in Africa: an analysis of the African Charter on Human and Peoples' Rights. (2019)
Thesis
OBODO, C.A. 2019. Realising the effective enforcement of civil and political rights in Africa: an analysis of the African Charter on Human and Peoples' Rights. Robert Gordon University [online], PhD thesis. Available from: https://openair.rgu.ac.uk

The task of drafting the standard of human rights is largely complete, and monitoring and enforcement institutions are functioning as intended. However limited that intent may have been, research has shown that the violation of human rights, particul... Read More about Realising the effective enforcement of civil and political rights in Africa: an analysis of the African Charter on Human and Peoples' Rights..

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.

The arbitration agreement. (2019)
Book Chapter
KOTELNIKOV, A. 2019. The arbitration agreement. In Kotelnikov, A., Kurochkin, S. and Skvortsov, O. Arbitration in Russia. Alphen aan den Rijn: Wolters Kluwer, chapter 3.

It is a well-established rule that commercial arbitration stems from an agreement to arbitrate, which is a prerequisite and a basis for the arbitral procedure. The entire process, from its inception to the award, originates in the agreement of the pa... Read More about The arbitration agreement..

Award. (2019)
Book Chapter
KOTELNIKOV, A. 2019. Award. In Kotelnikov, A., Kurochkin, S. and Skvortsov, O. Arbitration in Russia. Alphen aan den Rijn: Wolters Kluwer, chapter 10.

An arbitral award is the ultimate result of the proceedings, and parties normally expect their arbitration to end in a final and binding award. It is therefore unsurprising that Article 2 of the Arbitration Act 2015 defines arbitration as a process w... Read More about Award..

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?.