All Outputs (259)

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..

FIDIC, NEC and the dispute board concept: extent and style of adoption. (2024)
Journal Article
MANTE, J. [2024]. FIDIC, NEC and the dispute board concept: extent and style of adoption. International construction law review [online], (accepted).

The Fédération Internationale des Ingénieurs-Conseils (FIDIC) 2017-2022 and NEC4 Engineering and Construction Conditions introduced some significant amendments to the dispute resolution provisions in both Conditions of Contract. Both contract suites... Read More about FIDIC, NEC and the dispute board concept: extent and style of adoption..

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..

Of race, racism and racially motivated offences: a review of the Hate Crime and Public Order (Scotland) Act 2021. (2024)
Journal Article
ILESANMI, O. and MCKANDIE, D. 2024. Of race, racism and racially motivated offences: a review of the Hate Crime and Public Order (Scotland) Act 2021. Class, race and corporate power [online], 12(1), article number 2. Available from: https://digitalcommons.fiu.edu/classracecorporatepower/vol12/iss1/2/

It is assumed in this study that a relationship of social and legal significance does exist between the prohibition of expressions or manifestations of racism in a society and its preservation of racial diversity. "Hate Crime and Public Order (Scotla... Read More about Of race, racism and racially motivated offences: a review of the Hate Crime and Public Order (Scotland) Act 2021..

Lads! Lads! Lads!: examining the interaction between the construction law "prevention principle" and liquidated damages. (2024)
Journal Article
CHRISTIE, D. 2024. Lads! Lads! Lads!: examining the interaction between the construction law "prevention principle" and liquidated damages. Juridical review [online] 2024(1), pages 27-37. Available from: https://uk.westlaw.com

There is a legal principle used by those dealing in practice with construction contracts, that where a construction project is not completed by the agreed completion date, but as a result of something happening which was within the responsibility of... Read More about Lads! Lads! Lads!: examining the interaction between the construction law "prevention principle" and liquidated damages..

Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea. (2024)
Journal Article
ARNELL, P. 2024. Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea. Asia Pacific law review [online], Latest Articles. Available from: https://doi.org/10.1080/10192557.2024.2323811

Extraterritorial criminal jurisdiction is a seemingly novel, arcane subject. Belgium's efforts in relatively recent years to try and punish persons accused of some of the most serious crimes may help create this impression. It is, however, only parti... Read More about Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea..

Religious accommodation and its limits. (2024)
Journal Article
MAK, C.H.W. 2023. Religious accommodation and its limits. Journal of church and state [online], Advance Articles. 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 Charities (Regulation and Administration) (Scotland) Act 2023. (2024)
Journal Article
ILOKA, U. and ARNELL, P. 2024. The Charities (Regulation and Administration) (Scotland) Act 2023. Scots law times [online], 2024(8), pages 33-35. Available from: https://uk.westlaw.com

This article discusses the scope and application of the Charities (Regulation and Administration) (Scotland) Act 2023 which amends the Charities and Trustee Investment (Scotland) Act 2005 to enhance transparency, and strengthen the regulation, of cha... Read More about The Charities (Regulation and Administration) (Scotland) Act 2023..

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..

The extradition of Mike Lynch: should the forum bar be amended? (2024)
Journal Article
ARNELL, P. and DAVIES, G. 2024. The extradition of Mike Lynch: should the forum bar be amended? Criminal law review [online], 2024(2), pages 104-111. Available from: https://uk.westlaw.com

Discusses the extradition of Mike Lynch to the US to face charges of wire fraud, conspiracy to commit wire fraud and securities fraud, for overinflating the value of a software company, and the arguments that the extradition should have been barred o... Read More about The extradition of Mike Lynch: should the forum bar be amended?.

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..

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?.

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..

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..

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..

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..

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..