All Outputs (25)

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..

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..

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. 2023. Community-based natural resource management in Botswana. Journal of African law [online], FirstView. 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?.

The UK's Illegal Migration Bill: human rights violated. (2023)
Journal Article
ARNELL, P., LEWIS, O., KALOCSÁNYIOVÁ, E. and FORRESTER, A. 2023. The UK's Illegal Migration Bill: human rights violated. Medicine, science and law [online], 63(4), pages 267-269. Available from: https://doi.org/10.1177/00258024231186736

Stopping asylum seekers from arriving in the UK on small boats was one of the five key pledges made by Prime Minister Rishi Sunak in January 2023.1 An important facet of the attempt to meet that promise is the Illegal Migration Bill. Introduced in Ma... Read More about The UK's Illegal Migration Bill: human rights violated..

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..

From Canada to Scotland: the incorporation of ethical wildlife control principles: a review. (2023)
Journal Article
MONEAGLE, H.L. 2023. From Canada to Scotland: the incorporation of ethical wildlife control principles: a review. Laws [online], 12(3), article number 52. Available from: https://doi.org/10.3390/laws12030052

In 2015, 20 experts from academia, industry, and non-governmental organisations on 5 continents agreed to a set of seven international principles for ethical decision making ("the principles") in managing human–wildlife conflict. The principles have... Read More about From Canada to Scotland: the incorporation of ethical wildlife control principles: a review..

China: the establishment of the State Administration of Financial Supervision and Administration. (2023)
Journal Article
MAK, C.H.W. 2023. China: the establishment of the State Administration of Financial Supervision and Administration. Butterworths journal of international banking and financial law [online], 38(6), pages 438-440. Available from: https://plus.lexis.com/

China is currently undergoing significant financial reform, intending to establish a centralised national financial regulatory body. This change represents a stark departure from the nation's prior fragmented regulatory strategies. The primary object... Read More about China: the establishment of the State Administration of Financial Supervision and Administration..

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..

Deciphering gender disparities in socioeconomic cum cultural and religious practices in Africa. (2023)
Journal Article
ODUSANYA, T.O., FAYOMI, O.O. and OGUNSANWO, A. 2023. Deciphering gender disparities in socioeconomic cum cultural and religious practices in Africa. Innovare journal of social sciences [online], 11(3), pages 9-14. Available from: https://doi.org/10.22159/ijss.2023.v11i3.47686

Demographically, more than half of the African population are women. Nevertheless, disparities in allusion to gender linger at the apex of contemporary issues, especially in Africa. For several decades, women have been continuously sidelined from soc... Read More about Deciphering gender disparities in socioeconomic cum cultural and religious practices in Africa..

Sovereign debt sustainability: multilateral debt treatment and the credit rating impasse. (2023)
Journal Article
MAK, C.H.W. 2023. Sovereign debt sustainability: multilateral debt treatment and the credit rating impasse. INSOL world [online], 2023(1st Quarter), page 39. Available from: https://publications.insol.org/view/823629741/39/

This is a review of "Sovereign Debt Sustainability: Multilateral Debt Treatment and the Credit Rating Impasse" by Daniel Cash (Routledge, 2022). The 2007-09 global economic crisis resulted in pressing issues for many countries, especially those with... Read More about Sovereign debt sustainability: multilateral debt treatment and the credit rating impasse..

Hong Kong: civil and commercial judgments: reciprocal recognition of Hong Kong and mainland court judgments. (2023)
Journal Article
MAK, C.H.W. 2023. Hong Kong: civil and commercial judgments: reciprocal recognition of Hong Kong and mainland court judgments. Journal of international banking law and regulation [online], 38(4), pages N16-N17. Available from: https://uk.westlaw.com/Document/I1A0AD610C2CF11EDAFD6F430EC801F0E/View/FullText.html

The Hong Kong Legislative Council passed The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (MJREO) on 26 October 2022. The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commerc... Read More about Hong Kong: civil and commercial judgments: reciprocal recognition of Hong Kong and mainland court judgments..

Protecting built heritage in Hong Kong. (2023)
Journal Article
GIORGALLIS, A. and MAK, C.H.W. 2023. Protecting built heritage in Hong Kong. Journal of arts management, law and society [online], 53(4), pages 266-267. Available from: https://doi.org/10.1080/10632921.2023.2169803

This is a review of "Protecting Built Heritage in Hong Kong", by Steven Brian Gallagher. Thinking about Hong Kong's cultural heritage automatically leads one to some assumptions. A first assumption that might spring to mind is the modern architecture... Read More about Protecting built heritage in Hong Kong..