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Hong Kong Association of Banks alternative means of payments of funds under payment arrangements for property transactions (PAPT): possible concerns from banks and clients. (2022)
Journal Article
LAW, S.W. and MAK, C.H.W. 2022. Hong Kong Association of Banks alternative means of payments of funds under payment arrangements for property transactions (PAPT): possible concerns from banks and clients. Hong Kong lawyer [online], October 2022, pages 34-37. Available from: https://www.hk-lawyer.org/content/hong-kong-association-banks-alternative-means-payments-funds-under-payment-arrangements

Hong Kong Association of Banks (HKAB), the DTC Association (DTCA) and the Hong Kong S.A.R. Licensed Money Lenders Association have been working on the provision of an alternative means of payments of funds under Payment Arrangements for Property Tran... Read More about Hong Kong Association of Banks alternative means of payments of funds under payment arrangements for property transactions (PAPT): possible concerns from banks and clients..

The protection of badgers: where are we now? (2022)
Journal Article
DARNELL, H. 2022. The protection of badgers: where are we now? UK journal of animal law [online], 6(2), pages 27-36. Available from: https://tinyurl.com/2s3f3t2e

Whilst originally enacted to make provision for the protection of wild birds and their habitats, the 1981 Act introduced the notion of species-specific legislation as it amended several key pieces of animal welfare legislation involving certain mamma... Read More about The protection of badgers: where are we now?.

Sky UK Ltd v Cherrie: Outer House rules on communicating copyright works on Reddit and YouTube. (2022)
Journal Article
LAUTERBACH, T. 2022. Sky UK Ltd v Cherrie: Outer House rules on communicating copyright works on Reddit and YouTube. Edinburgh law review [online], 26(3), pages 433-437. Available from: https://doi.org/10.3366/elr.2022.0791

Sky UK Ltd v Cherrie presented the first opportunity for a Scottish court to add to the growing jurisprudence on copyright infringement by means of linking content on the internet. Lady Wolffe's decision in the Outer House is particularly noteworthy,... Read More about Sky UK Ltd v Cherrie: Outer House rules on communicating copyright works on Reddit and YouTube..

Federal Commissioner of Taxation v Carter (2022) HCA 10: a game changer for taxation of trust distributions in Australia? (2022)
Journal Article
MAK, C.H.W. 2022. Federal Commissioner of Taxation v Carter (2022) HCA 10: a game changer for taxation of trust distributions in Australia? Trusts and trustees [online], 28(9), pages 886-890. Available from: https://doi.org/10.1093/tandt/ttac098

In Federal Commissioner of Taxation v Carter, the High Court of Australia asked to clarify the meaning of 'is presently entitled' under section 97(1) of the Income Tax Assessment Act. This case is a significant example of the High Court dealing in re... Read More about Federal Commissioner of Taxation v Carter (2022) HCA 10: a game changer for taxation of trust distributions in Australia?.

Banking on Beijing: the aims and impacts of China's overseas development program. (2022)
Journal Article
MAK, C.H.W. 2022. Banking on Beijing: the aims and impacts of China's overseas development program. Butterworths journal of international banking and financial law [online], 37(8), page 562. Available from: https://plus.lexis.com/

This is a review of "Banking on Beijing: the Aims and Impacts of China's Overseas Development Program" by Axel Dreher et al. (Cambridge University Press, 2022). There is growing concern over China's overseas lending and grant-giving activities. Journ... Read More about Banking on Beijing: the aims and impacts of China's overseas development program..

What should come after the implementation of the mutual recognition and assistance in cross-border insolvency between mainland China and Hong Kong? [Journal article] (2022)
Journal Article
LAW, S.W. and MAK, C.H.W. 2022. What should come after the implementation of the mutual recognition and assistance in cross-border insolvency between mainland China and Hong Kong? Journal of international banking law and regulation [online], 37(9), pages 331-336. Available from: https://uk.westlaw.com/Document/I770C1A8019CF11EDB0FCF49155AD4267/View/FullText.html

This article evaluates the new cross-border insolvency cooperation arrangement between Hong Kong and Mainland China from three business perspectives. First, whether it brings a legal effect; second, whether it aids in identifying a company's assets;... Read More about What should come after the implementation of the mutual recognition and assistance in cross-border insolvency between mainland China and Hong Kong? [Journal article].

The logic of financial nationalism: the challenges of cooperation and the role of international law; Global finance in the 21st century: stability and sustainability in a fragmenting world. (2022)
Journal Article
MAK, C.H.W. 2022. The logic of financial nationalism: the challenges of cooperation and the role of international law; Global finance in the 21st century: stability and sustainability in a fragmenting world. Asian journal of international law [online], 12(2), pages 427-429. Available from: https://doi.org/10.1017/S2044251322000509

This is a book review for two titles: "The Logic of Financial Nationalism: The Challenges of Cooperation and the Role of International Law", by Federico Lupo-Pasini; and "Global Finance in the 21st Century: Stability and Sustainability in a Fragmenti... Read More about The logic of financial nationalism: the challenges of cooperation and the role of international law; Global finance in the 21st century: stability and sustainability in a fragmenting world..

Industry-led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law? (2022)
Journal Article
CHRISTIE, D., SAINTIER, S. and VIVEN-WILKSCH, J. 2022. Industry led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law? Liverpool law review [online], 43(2), pages 287-310. Available from: https://doi.org/10.1007/s10991-022-09307-5

The law of contract is changing. "Good faith" and “relational contracts” are used by parties more than ever before in commercial disputes. Yet, their definition and what it really means to act in good faith are still unsettled in the UK and Australia... Read More about Industry-led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law?.

The threat to our human rights: the repeal of the Human Rights Act 1998. (2022)
Journal Article
ARNELL, P. 2022. The threat to our human rights: the repeal of the Human Rights Act 1998. Medicine, science and the law [online], 62(4), pages 248-250. Available from: https://doi.org/10.1177/00258024221111908

Human rights were introduced into the United Kingdom law over two decades ago. They were, it was said, brought home. The Human Rights Act 1998 (HRA) created binding and justiciable human rights for everyone within the jurisdiction of the country. UK... Read More about The threat to our human rights: the repeal of the Human Rights Act 1998..

Gender equality and climate change: the International Maritime Organization's impact on Mauritius climate justice. (2022)
Journal Article
ODUSANYA, T.O. 2022. Gender equality and climate change: the International Maritime Organization's impact on Mauritius climate justice. Carnelian journal of law and politics [online], 3(1), article number II. Available from: https://carnelianjournal.com/wp-content/uploads/2022/04/Odusanya-CLJP-2.pdf

This study examined gender equality and the International Maritime Organization (IMO's) impact in consideration to Mauritius climate justice. Women are directly, severely and inversely affected by climate change, yet they are typically overlooked, si... Read More about Gender equality and climate change: the International Maritime Organization's impact on Mauritius climate justice..

The universality of human rights in UK extradition law. (2022)
Journal Article
ARNELL, P. 2022. The universality of human rights in UK extradition law. Transnational criminal law review [online], 1(1), pages 52-68. Available from: https://doi.org/10.22329/tclr.v1i1.7481

The question of the universality of human rights has arisen in the context of United Kingdom and European Court of Human Rights extradition jurisprudence. It is a consequence of the law requiring that all extraditions must be compatible with human ri... Read More about The universality of human rights in UK extradition law..

Rockford Trilogy Ltd v NCR Ltd. (2022)
Journal Article
ANDERSON, C. 2022. Rockford Trilogy Ltd v NCR Ltd. Scots law times [online], 2022(20), pages 111-112. Available from: https://uk.westlaw.com/

Discusses Rockford Trilogy Ltd v NCR Ltd (IH) on the concept of the renewal of leases by tacit relocation, focusing on the exclusion of tacit relocation by implied, informal notice.

The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law. (2022)
Journal Article
SEN, P., CROWLEY, G., ARNELL, P., KATONA, C., PILLAY, M., WATERMAN, L.Z. and FORRESTER, A. 2022. The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law. Medicine, science and the law, 62(3), pages 165-167. Available from: https://doi.org/10.1177/00258024221104163

The United Kingdom government has made a concerted decision to ramp up its 'hostile environment' policy towards asylum seekers and refugees. The original policy took the form of 'a package of measures designed to make life so difficult for individual... Read More about The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law..

Assange, mental health and assurances in extradition. (2022)
Journal Article
ARNELL, P. and FORRESTER, A. 2022. Assange, mental health and assurances in extradition. Medico-legal journal [online], Online First. Available from: https://doi.org/10.1177/00258172221081708

Julian Assange is wanted by the United States so it can prosecute him for espionage and hacking. His extradition was barred on mental health grounds. That decision has been overturned. The English High Court has accepted US assurances detailing how h... Read More about Assange, mental health and assurances in extradition..

The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. (2022)
Journal Article
ARNELL, P. and FATUROTI, B. 2023. The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. International review of law, computers and technology [online], 37(1), pages 29-51. Available from: https://doi.org/10.1080/13600869.2022.2061888

Cybercrime is a scourge that blights the lives of many around the globe. It has a significant transnational component. Despite established international and national regulation, its growth in scale and breadth persists. One result of which has been i... Read More about The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted..

Sovereign wealth funds and national security: three purposes of regulations and beyond. (2022)
Journal Article
MAK, C.H.W. and LAW, S.W. 2022. Sovereign wealth funds and national security: three purposes of regulations and beyond. King's student law review [online], 12(1), pages 58-76. Available from: http://blogs.kcl.ac.uk/kslr/files/2022/06/Mak.KSLR_.VolXIIIssueI.2022.pdf

In light of the fact that the international investments made by state investors have tremendously expanded since the 19th century, there is a heated debate concerning the regulatory issues and challenges raised by sovereign wealth funds (SWFs). This... Read More about Sovereign wealth funds and national security: three purposes of regulations and beyond..

Van Oord v Dragados: the Inner House dredge up good faith from Aberdeen harbour. (2022)
Journal Article
CHRISTIE, D.S. 2022. Van Oord v Dragados: the Inner House dredge up good faith from Aberdeen harbour. Edinburgh law review [online], 26(2), pages 268-273. Available from: https://doi.org/10.3366/elr.2022.0768

At £350m and the 'largest marine infrastructure project in the UK', the work to extend Aberdeen Harbour is a significant but somewhat troubled project, due for completion in 2022. The original main contractor, Dragados, had (reportedly) had difficul... Read More about Van Oord v Dragados: the Inner House dredge up good faith from Aberdeen harbour..

New Zealand: Reserve Bank of New Zealand Act 2021. (2022)
Journal Article
MAK, C.H.W. 2022. New Zealand: Reserve Bank of New Zealand Act 2021. Journal of international banking law and regulation [online], 37(6), pages N66-N67. Available from: https://uk.westlaw.com/Document/I22DC3E50D57211ECBBF8B1E0B434F9EE/View/FullText.html

On 16 August 2021, the Reserve Bank of New Zealand Act (RBNZA) 2021 was signed into law, to repeal and replace parts of the RBNZA 1989. The RBNZA 2021 will come into force on 1 July 2022 to increase the accountability and transparency of the Reserve... Read More about New Zealand: Reserve Bank of New Zealand Act 2021..

Extradition and the universality of human rights in Scotland. (2022)
Journal Article
ARNELL, P. 2022. Extradition and the universality of human rights in Scotland. Scots law times [online], 2022(11), pages 55-59. Available from: https://uk.westlaw.com

This article reviews the case law pertaining to human rights and extradition law, looking at whether the protection under ECHR art.3 applies equally within and outside the jurisdiction of state parties to the treaty and relativity in an extradition c... Read More about Extradition and the universality of human rights in Scotland..

Good faith, mutual trust and cooperation: recent judicial insights. (2022)
Journal Article
MANTE, J. 2022. Good faith, mutual trust and cooperation: recent judicial insights. Construction law journal [online], 38(2), pages 75-92. Available from: https://uk.westlaw.com

The recent Scottish Inner House decision in the case of Van Oord UK Ltd v Dragados UK Ltd has rekindled discussions about the role of good faith and the duty to act in the spirit of mutual trust and cooperation under the NEC Contract Conditions. The... Read More about Good faith, mutual trust and cooperation: recent judicial insights..