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The forum bar to extradition in Scotland . (2020)
Journal Article
ARNELL, P. 2020. The forum bar to extradition in Scotland. Scots law times [online], 22, pages 139-141. Available from: http://westlaw.co.uk

Discusses Craig (James) v HM Advocate (HCJ Appeal), refusing an appeal by a UK resident, who was the subject of an extradition request by the US government, against a sheriff's decision to order his extradition, notwithstanding the illegality of the... Read More about The forum bar to extradition in Scotland ..

The legality of the citizenship deprivation of UK foreign terrorist fighters. (2020)
Journal Article
ARNELL, P. [2020]. The legality of the citizenship deprivation of UK foreign terrorist fighters. ERA-forum [online], Latest Articles. Available from: https://doi.org/10.1007/s12027-020-00615-9

The deprivation of citizenship in UK law and practice has come to the fore in recent years. Foreign terrorist fighters have been a notable target. The case of Shamima Begum is one of the latest examples. Less recently is the case of Hilal Al-Jedda.... Read More about The legality of the citizenship deprivation of UK foreign terrorist fighters..

Pater knows best: withdrawal of medical treatment from infants in Scotland. (2020)
Journal Article
BROWN, J. and CHRISTIE, S. [2020]. Pater knows best: withdrawal of medical treatment from infants in Scotland. Oxford journal of legal studies [online], (accepted).

The cases of Charlie Gard and Alfie Evans placed the withdrawal of treatment from terminally ill infants at the forefront of medical law and ethics. In the medico-legal context, Scottish court procedures materially differ from those in England. This... Read More about Pater knows best: withdrawal of medical treatment from infants in Scotland..

Economic sanctions arbitrability and public policy. (2020)
Journal Article
KOTELNIKOV, A. 2020. Economic sanctions, arbitrability and public policy. International arbitration law review [online], 23(1), pages 19-39. Available from: http://westlaw.co.uk

This article, through an overview of international experience, considers the interplay between economic sanctions and international commercial arbitration, in particular, the effect of sanctions on the arbitrability of disputes and the public policy... Read More about Economic sanctions arbitrability and public policy..

The forum bar in UK extradition law: an unnecessary failure. (2020)
Journal Article
ARNELL, P. and DAVIES, G. 2020. The forum bar in UK extradition law: an unnecessary failure. Journal of criminal law [online], 84(2), pages 142-162. Available from: https://doi.org/10.1177/0022018320902544

The introduction of the forum bar into UK extradition law was unnecessary. It is a failure. It was unnecessary because extant law addressed, or could have addressed, the putative mischief giving rise to it. It is a failure because it admits only limi... Read More about The forum bar in UK extradition law: an unnecessary failure..

Unilateral permission and prescriptive acquisition: a Scottish perspective. (2020)
Journal Article
ANDERSON, C. [2020]. Unilateral permission and prescriptive acquisition: a Scottish perspective. Legal studies [online], (accepted).

Most legal systems, and certainly Scotland and England, have rules allowing a person who has possessed land without challenge, for an extended period of time, to acquire an unchallengeable right in the property. Suppose that I am in possession of som... Read More about Unilateral permission and prescriptive acquisition: a Scottish perspective..

Contracts affected by economic sanctions: Russian and international perspectives. (2020)
Journal Article
KOTELNIKOV, A. 2020. Contracts affected by economic sanctions: Russian and international perspectives. Transnational dispute management [online], 17(1), article ID 15. Available from: www.transnational-dispute-management.com/article.asp?key=2697

Economic sanctions, particularly unilateral ones, are an increasingly popular instrument of foreign policy. Some states have extensive experience in adopting them and in resolving private disputes arising from such measures. For other countries, this... Read More about Contracts affected by economic sanctions: Russian and international perspectives..

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: 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/...-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..

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/...-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..

'Extraditing Ponsati to Spain is not a clear cut process and involves certain procedures'. (2019)
Other
ARNELL, P. 2019. 'Extraditing Ponsati to Spain is not a clear cut process and involves certain procedures'. The Scotsman [online], 15 November 2019. Available from: https://www.pressreader...191115/282849372810123.

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'..

Offshore helicopter travel: is the UK oil and gas industry failing offshore workers? (2019)
Journal Article
DOWNIE, M. and GOSLING, D. 2020. Offshore helicopter travel: is the UK 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 UK 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 needs reform. This is particularly acute as regards the rendition of persons from the UK to India. The number of Indian requests, their success rate and the nature of the crimes and individuals subject to them su... 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..

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..

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..

Borders of convenience: European legal measures and the migration crisis. (2019)
Book Chapter
ARNELL, P. and LYONS, C. [2019]. Borders of convenience: European legal measures and the migration crisis. In Zaman, Q.M. and Hall, G. (eds.) Urbanism at borders: a discourse analysis. Basel: Springer Verlag [online], (forthcoming).

The migration crisis has posed fundamental questions for European institutions. Amongst these are whether EU human rights reality matches its rhetoric. The answer is a resounding no. The reaction of the EU to the crisis has entailed an abdication of... Read More about Borders of convenience: European legal measures and the migration crisis..

Extradition, Taiwan and the speciality principle. (2019)
Journal Article
ARNELL, P. 2019. Extradition, Taiwan and the speciality principle. Scots law times [online], 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.


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