All Outputs (16)

International crimes in United Kingdom and Japanese law and practice. (2023)
Journal Article
ARNELL, P. and KAWAI, T. 2023. International crimes in United Kingdom and Japanese law and practice. Nihon University comparative law, 39, pages 89-103. Available from: https://tinyurl.com/39ejnjtp

The incorporation and application of international criminal law by states is critical if the gravest acts are to be deterred and punished. International law and institutions cannot alone meet the challenge of addressing these crimes. That the princip... Read More about International crimes in United Kingdom and Japanese law and practice..

On partnerships, promises and succession. (2023)
Journal Article
BROWN, J. 2023. On partnerships, promises and succession. Juridical review [online], 2023(3/4), pages 121-138. Available from: https://uk.westlaw.com

This article questions Lord Hodge's suggestion in Sim v Howat (OH) that unilateral promise is the legal basis for the "transmission presumption" whereby a new partnership assumes the debts of the old, and proposes instead an approach based on the law... Read More about On partnerships, promises and succession..

The imposition of European Convention on Human Rights standards in extradition. (2023)
Journal Article
ARNELL, P. 2023. The imposition of European Convention on Human Rights standards in extradition. Scots law times [online], 2023(39), pages 221-223. Available from: http://legalresearch.westlaw.co.uk/

Discusses Morrow (Sarah Lynn) v HM Advocate (HCJ Appeal) refusing a US national leave to appeal against a decision that there was no bar to her extradition to stand trial in the US on charges of defrauding her former employer, finding that her rights... Read More about The imposition of European Convention on Human Rights standards in extradition..

Author-architect copyright interests in buildings: the view from Germany. (2023)
Journal Article
LAUTERBACH, T. 2023. Author-architect copyright interests in buildings: the view from Germany. Construction law journal [online], 39(7), pages 411-416. Available from: https://uk.westlaw.com/

Since copyright law is territorial, what the law protects can differ between jurisdictions. In the UK and elsewhere, buildings can be protected as artistic works; however, an author's moral rights (e.g. to be named as the author, or protect the work'... Read More about Author-architect copyright interests in buildings: the view from Germany..

Community based natural resource management in Botswana. (2023)
Journal Article
CHITSOVE, E. and MADEBWE, T. 2024. Community-based natural resource management in Botswana. Journal of African law [online], 68(1), pages 59-72. Available from: https://doi.org/10.1017/S0021855323000293

Since the mid-1980s, Botswana has relied on community-based natural resources management (CBNRM) to incentivise communities to consistently choose environmentally beneficial behaviour as a mechanism for advancing conservation efforts. There have been... Read More about Community based natural resource management in Botswana..

Fighters, not victims: on victimhood recognition and gender representations in the enslavement charges in the Ongwen case. (2023)
Journal Article
SÁNCHEZ MERA, S. 2023. Fighters, not victims: on victimhood recognition and gender representations in the enslavement charges in the Ongwen case. International criminal law review [online], 23(5-6), pages 782-803. Available from: https://doi.org/10.1163/15718123-bja10164

In the Ongwen case, according to the OTP women were abducted to be wives and men to be soldiers, women were forced to work and men forced to fight. The OTP brought enslavement charges for some of these crimes. Absent from the charges was the forced f... Read More about Fighters, not victims: on victimhood recognition and gender representations in the enslavement charges in the Ongwen case..

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..

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 [online], (accepted).

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?.

Australia: financial sector - new reforms to strengthen accountability and transparency within the industry. (2023)
Journal Article
MAK, C.H.W. 2023. Australia: financial sector - new reforms to strengthen accountability and transparency within the industry. Journal of international banking law and regulation [online], 38(8), pages N55-N56. Available from: https://uk.westlaw.com

Reviews the aims of Australia's Financial Accountability Regime Bill 2023, the background to its creation, its failure to include individual civil penalties for infringing accountability duties, its approach to transparency, its likely implications,... Read More about Australia: financial sector - new reforms to strengthen accountability and transparency within the industry..

The legal status of church pews in certain civil law jurisdictions. (2023)
Journal Article
LYTVYNENKO, A.A. and MACHOVENKO, J.G. 2023. The legal status of church pews in certain civil law jurisdictions. International comparative jurisprudence [online], 9(1), pages 1-23. Available from: https://doi.org/10.13165/j.icj.2023.06.001

Objects of common use in various houses of worship, one of which is a place in a church (church pew), suggest that parishioners have the right to use them, often for quite a long period of time. However, do parishioners have property rights to a plac... Read More about The legal status of church pews in certain civil law jurisdictions..

Group proceedings in Scotland. (2023)
Journal Article
MANTE, J. and ARNELL, P. 2023. Group proceedings in Scotland. Scots law times [online], 2023 (19), pages 93-96. Available from: https://uk.westlaw.com

From 31 July 2020 a new form of proceedings, group proceedings, have been available in the Court of Session. A group for this purpose comprises two or more individuals who each have a separate claim in the subject matter. Litigation has begun. Consid... Read More about Group proceedings in Scotland..

Debts unravelled: trust law's unbiased approach to resolving sovereign defaults. (2023)
Journal Article
MAK, C.H.W. 2023. Debts unravelled: trust law's unbiased approach to resolving sovereign defaults. Trusts and trustees [online], 29(5), pages 437-443. Available from: https://doi.org/10.1093/tandt/ttad023

Sovereign debt defaults have long ignited debate in international finance as debtors, creditors and global entities wrestle with clashing interests. Trust law emerges as a fair and objective method, with trusts formed to manage and disburse funds for... Read More about Debts unravelled: trust law's unbiased approach to resolving sovereign defaults..

Navigating the complexities of section 100A: a look at the future of trust taxation in Australia. (2023)
Journal Article
MAK, C.H.W. 2023. Navigating the complexities of section 100A: a look at the future of trust taxation in Australia. Trusts and trustees [online], 29(3), pages 201-207. Available from: https://doi.org/10.1093/tandt/ttad003

Section 100A of the Income Tax Assessment Act of 1936 is a provision designed to prevent arrangements in which a distribution is made to a beneficiary with a low tax rate, yet the economic benefit is conveyed or paid to a second beneficiary with a hi... Read More about Navigating the complexities of section 100A: a look at the future of trust taxation in Australia..

Russian foreign investments at risk: why bring investment disputes relating to Russia to the Hong Kong International Arbitration Centre? (2023)
Journal Article
MAK, C.H.W. and LAI, R. 2023. Russian foreign investments at risk: why bring investment disputes relating to Russia to the Hong Kong International Arbitration Centre? Asian dispute review [online], 25(1), pages 27-33. Available from: https://kluwerlawonline.com/journalarticle/Asian+Dispute+Review/25.1/ADR2023005

This article discusses the proliferation of foreign investors seeking redress through arbitration as a result of the international sanctions imposed against Russia and special retaliatory economic counter-measures imposed against certain investors. I... Read More about Russian foreign investments at risk: why bring investment disputes relating to Russia to the Hong Kong International Arbitration Centre?.

Mechanisms used by multinational oil companies to derail human rights and environmental litigations arising from the Niger Delta. (2023)
Journal Article
OCHEI, N.V., EZEANI, E.C. and ANDERSON, C. 2023. Mechanisms used by multinational oil companies to derail human rights and environmental litigations arising from the Niger Delta. African journal of legal studies [online], 15(2), pages 185-214. Available from: https://doi.org/10.1163-17087384-bja10075

Multinational oil companies (MNOCs) usually claim that they have several obligations to protect human rights and the environment where they operate and to resolve any disputes with local communities arising from their operations in the shortest possi... Read More about Mechanisms used by multinational oil companies to derail human rights and environmental litigations arising from the Niger Delta..

A crime scene reconstruction for digital forensic analysis: an SUV case study. (2023)
Journal Article
NICHO, M., ALBLOOKI, M., ALMUTIWEI, S., MCDERMOTT, C.D. and ILESANMI, O. 2023. A crime scene reconstruction for digital forensic analysis: an SUV case study. International journal of digital crime and forensics [online], 15(1), 327358. Available from: https://doi.org/10.4018/IJDCF.327358

The abundance of digital data within modern vehicles makes digital vehicle forensics (DVF) a promising subfield of digital forensics (DF), with significant potential for investigations. In this research, the authors apply DVF methodology to a SUV, si... Read More about A crime scene reconstruction for digital forensic analysis: an SUV case study..