All Outputs (56)

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..

Building time, cost and quality performance of modern methods of construction in a live research project. (2023)
Conference Proceeding
ATANASOV, V., GREENWOOD, D.J., MADEBWE, T.M. and COX, R. 2023. Building time, cost and quality performance of modern methods of construction in a live research project. In Tutesigensi, A. and Neilson, C.J. (eds.) Proceedings of the 39th Association of Researchers in Construction Management annual conference (ARCOM 2023), 4-6 September 2023, Leeds, UK. London: ARCOM [online], pages 457-466. Available from: https://www.arcom.ac.uk/-docs/archive/2023-Indexed-Papers.pdf

The use of modern methods of construction (MMC) has been embraced by the construction sector of many countries, largely due to assertions that some MMC processes can be economically effective and efficient. MMC have been received as opportunities by... Read More about Building time, cost and quality performance of modern methods of construction in a live research project..

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..

A new legal order of international law: Scottish judges and the shaping of a supranational union. (2023)
Presentation / Conference
LYONS, C. 2023. A new legal order of international law: Scottish judges and the shaping of a supranational union. Presented at Scotland and the European Court of Justice, 1973-2023: looking back and thinking forward, 8-9 December 2023, Nijmegen, Netherlands.

This presentation examines the role of Scottish judges within the European Court of Justice, exploring their legacy and impact on the EU.

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..

Intellectual property rights in the age of AI: a comparative analysis of Chinese and us legal perspectives. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. Intellectual property rights in the age of AI: a comparative analysis of Chinese and us legal perspectives. [Blog post]. Posted on Digital law Asia [online], 6 December 2023. Available from: https://digital.law.nycu.edu.tw/blog-post/upqxqv/

The landmark ruling by the Beijing Internet Court on the copyright infringement of AI-generated images heralds a new era in the legal treatment of artificial intelligence's creative outputs. This decision, the first of its kind concerning AI-generate... Read More about Intellectual property rights in the age of AI: a comparative analysis of Chinese and us legal perspectives. [Blog post].

Digital solidarity in action: paving the way for collective resolution of sovereign debt crises. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. Digital solidarity in action: paving the way for collective resolution of sovereign debt crises. [Blog post]. Posted on Afronomicslaw: analysis, 24 November 2023. Available from: https://tinyurl.com/yrbx8ptx

In international law, the concept of solidarity is often framed in terms of mutual obligations and responsibilities primarily among states, particularly in times of crisis or need. Such a perspective is elaborated upon by the UN's Independent Expert... Read More about Digital solidarity in action: paving the way for collective resolution of sovereign debt crises. [Blog post].

Court ruling a triumph of law over dangerous politics. [Newspaper article] (2023)
Other
ARNELL, P. 2023. Court ruling a triumph of law over dangerous politics. [Newspaper article]. The Scotsman [online], 16 November 2023. Available from: https://tinyurl.com/v98n4fa2

One of Prime Minister Rishi Sunak's key pledges in January 2023 was to "stop the boats". Central to the plan is the UK-Rwanda Memorandum of Understanding, agreed in April 2022. Under this deal, Rwanda promised to accept and consider for asylum people... Read More about Court ruling a triumph of law over dangerous politics. [Newspaper article].

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. 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..

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..

Party autonomy and judicial participation in commercial arbitration: recalibrating the role of Nigerian courts. (2023)
Thesis
ADULOJU, B.M. 2023. Party autonomy and judicial participation in commercial arbitration: recalibrating the role of Nigerian courts. Robert Gordon University, PhD thesis. Hosted on OpenAIR [online]. Available from: https://doi.org/10.48526/rgu-wt-2270645

Courts and arbitration tribunals aim to resolve disputes and make enforceable decisions in their distinctive way. However, unlike courts, tribunals lack state enforcement power to function independently. Consequently, arbitrating parties have had to... Read More about Party autonomy and judicial participation in commercial arbitration: recalibrating the role of Nigerian courts..

Judex: hope for the hopeful and the hopeless. (2023)
Presentation / Conference
HARPER, L., EGBEWOLE, W. and CHRISTODOULIDIS, E. 2023. Judex: hope for the hopeful and the hopeless. Presented at the 3rd Cross-cultural conversation of the Interdisciplinary Forum for the Study of Jurisprudence and Value Inquiry in the Non-Western World (JVI), 25 October 2023, Aberdeen, UK.

This seminar was the third meeting or cross-cultural conversation (CCC) organised by the Interdisciplinary Forum for the Study of Jurisprudence and Value Inquiry in the Non-Western World (JVI), convened by Olufemi Ilesanmi. This particular event, mod... Read More about Judex: hope for the hopeful and the hopeless..

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..

Understanding the causes of disputes in paediatrics to develop pathways to dispute resolution in North East Scotland. (2023)
Report
SIVERS, S. 2023. Understanding the causes of disputes in paediatrics to develop pathways to dispute resolution in North East Scotland. Aberdeen: Robert Gordon University. Hosted on OpenAIR [online]. Available from: https://rgu-repository.worktribe.com/output/2113793

This briefing note provides a summary of the findings from a project looking at dispute resolution in paediatrics, funded by NHS Grampian Charity.

Rethinking gender parity in FDI. [Blog post] (2023)
Digital Artefact
ODUSANYA, T.O. 2023. Rethinking gender parity and FDI. [Blog post]. Posted on Commonwealth Chamber of Commerce blog [online], 2 October 2023. Available from: https://commonwealthchamber.com/rethinking-gender-parity-and-fdi/

Gender disparity is arguably one of the greatest impediments to global development. The FDI's landscape is often an overlooked avenue in gender equality discourse. Yet, it propels tapping equally into the reservoir of capabilities. Although it is som... Read More about Rethinking gender parity in FDI. [Blog post].

Women in African leadership: democracy and gender equality. (2023)
Working Paper
ODUSANYA, T.O. 2023. Women in African leadership: democracy and gender equality. Hosted on SSRN [online], article number 4582403. Available from: https://doi.org/10.2139/ssrn.4582403

Democracy and gender inequalities are elusive and contested concepts as evidenced by the struggles of the suffragettes. This important recognition of women’s resistance towards the implementation of gender parity through various movements, and advoca... Read More about Women in African leadership: democracy and gender equality..

The potential of trust law in sovereign debt restructuring. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. The potential of trust law in sovereign debt restructuring. [Blog post]. Posted on The CLS blue sky blog [online], 29 September 2023. Available from: https://clsbluesky.law.columbia.edu/author/charles-ho-wang-mak/

The interplay between sovereign debt defaults and legal frameworks has long been a subject of scholarly discourse and practical concern. Navigating this labyrinthine arena necessitates a rigorous understanding of various legal paradigms, one of which... Read More about The potential of trust law in sovereign debt restructuring. [Blog post].

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..

Cross-border trusts in flux: understanding the implications of the EU's proposed insolvency directive for trustees. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. Cross-border trusts in flux: understanding the implications of the EU's proposed insolvency directive for trustees. [Blog post]. Posted on Singapore global restructuring initiative (SGRI) [online], 25 September 2023. Available from: https://tinyurl.com/fn3prbuv

Insolvency law has emerged as a complex yet vital domain in a world increasingly entangled by complex financial transactions and obligations. It acquires a new layer of complexity when we turn our gaze towards cross-border insolvencies, and in the mi... Read More about Cross-border trusts in flux: understanding the implications of the EU's proposed insolvency directive for trustees. [Blog post].