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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..

Resolving Scottish paediatric end-of-life conflicts. (2022)
Journal Article
SIVERS, S. and DOWNIE, M. 2023. Resolving Scottish paediatric end-of-life conflicts. Medico-legal journal [online], 91(1), pages 46-49. Available from: https://doi.org/10.1177/00258172221135416

This article considers mediation as a means of resolving decision-making disputes between clinicians and parents in paediatric end-of-life cases. It examines the legal tests applied in England and Wales, and notes the lack of precedent in Scotland. T... Read More about Resolving Scottish paediatric end-of-life conflicts..

Ahmed v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland) Act 2010 section 38(1). (2022)
Journal Article
SHARP, L. 2022. Ahmed v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland) Act 2010 section 38(1). Juridical Review [online], 4, pages 197-211. Available from: http://legalresearch.westlaw.co.uk/

The Working Group on Misogyny in Criminal Justice in Scotland recommended in March 2022 that there should be a Misogyny and Criminal Justice (Scotland) Act which would inter alia create a new statutory offence of public misogynistic harassment. This... Read More about Ahmed v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland) Act 2010 section 38(1)..

Factual disagreements in construction delay disputes: identification, evaluation and testing of the justifications for difference in opinion. (2022)
Journal Article
ATANASOV, V.A., GREENWOOD, D.J., SANCHEZ, D.E. and HATCHER, C.J. 2022. Factual disagreements in construction delay disputes: identification, evaluation and testing of the justifications for difference in opinion. IOP conference series: earth and environmental science [online], 1101(5): planning, partnership, and law; selected papers from 2022 World building congress (WBC2022): building our future; informing practice to enhance the lives of current and future generations, 27-30 June 2022, Melbourne, Australia, article 052001. Available from: https://doi.org/10.1088/1755-1315/1101/5/052001

Construction delay claims are a leading cause for disputes in the sector. There are two primary aspects to such disagreements: legal and factual. The focus of this paper is the latter. It identifies, evaluates and ranks the factors that impact the an... Read More about Factual disagreements in construction delay disputes: identification, evaluation and testing of the justifications for difference in opinion..

Forensic delay analysis as evidence of transaction costs in construction projects. (2022)
Journal Article
ATANASOV, V.A., GREENWOOD, D.J., ROSS, H. and SANCHEZ, D.E. 2022. Forensic delay analysis as evidence of transaction costs in construction projects. IOP conference series: earth and environmental science [online], 1101(5): planning, partnership, and law; selected papers from 2022 World building congress (WBC2022): building our future; informing practice to enhance the lives of current and future generations, 27-30 June 2022, Melbourne, Australia, article 052009. Available from: https://doi.org/10.1088/1755-1315/1101/5/052009

Construction projects are characterised by supply chains with multiple contracts and significant transaction costs. An example of these costs is to be found in the management of project delays. The operationalisation and measurement of transaction co... Read More about Forensic delay analysis as evidence of transaction costs in construction projects..

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..

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..

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..

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..

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..

Bryson v Salmond. (2022)
Journal Article
ANDERSON, C. 2022. Bryson v Salmond. Scots law times [online], 2022(6), pages 34-36. Available from: https://uk.westlaw.com

This article discusses Bryson v Salmond (Sc Ct) n the interpretation of a real burden imposed upon a property to provide the method for establishing the sums due to a neighbouring heritable proprietor in respect of shared maintenance and repair costs... Read More about Bryson v Salmond..

Corporate social responsibility under the Petroleum Industry Act 2021: achieving environmental sustainability through multi-stakeholder partnership. (2022)
Journal Article
DEBSKI, J.A. and EZEANI, E.C. 2022. Corporate social responsibility under the Petroleum Industry Act 2021: achieving environmental sustainability through multi-stakeholder partnership. African journal of engineering and environment research [online], 3(1), pages 1-24. Available from: https://ajoeer.org.ng/otn/ajoeer/2022/qtr-1/01.pdf

Several attempts have been made by the Nigerian government to reform the oil and gas industry. In March 2007, the first attempt to introduce the Corporate Social Responsibility (CSR) Bill was initiated by the late Senator Uche Chwukwumerije, but it f... Read More about Corporate social responsibility under the Petroleum Industry Act 2021: achieving environmental sustainability through multi-stakeholder partnership..

The fate of waste drilling fluids from oil and gas industry activities in the exploration and production operations. (2022)
Journal Article
NJUGUNA, J., SIDDIQUE, S., KWROFFIE, L.B., PIROMRAT, S., ADDAE-AFOAKWA, K., EKEH-ADEGBOTOLU, U., OLUYEMI, G., YATES, K., MISHRA, A.K. and MOLLER, L. 2022. The fate of waste drilling fluids from oil and gas industry activities in the exploration and production. Waste management [online], 139, pages 362-380. Available from: https://doi.org/10.1016/j.wasman.2021.12.025

Operational discharges from oil and gas exploration industry, accidental spillage, or improperly disposed drilling wastes has serious detrimental effects on human and the environment. The water- and oil-based fluids wastes are generated every year al... Read More about The fate of waste drilling fluids from oil and gas industry activities in the exploration and production operations..