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All Outputs (219)

Comparing Nigeria’s legal framework for combating gas flaring with that of Norway: lessons for Nigeria. (2016)
Journal Article
MOHAMMAD, J.I. 2016. Comparing Nigeria’s legal framework for combating gas flaring with that of Norway: lessons for Nigeria. Imperial journal of interdisciplinary research [online], 2(9), pages 1252-1261. Available from: http://www.onlinejournal.in/IJIRV2I9/197.pdf

The oil producing countries that have deliberately focused on the development of their oil and gas industry’s structures and enforcement of their legal and regulatory frameworks have usually been able to dramatically reduce associated gas (AG) flarin... Read More about Comparing Nigeria’s legal framework for combating gas flaring with that of Norway: lessons for Nigeria..

Arbitrability and public policy: an African perspective. (2016)
Journal Article
MANTE, J. 2017. Arbitrability and public policy: an African perspective. Arbitration international [online], 33(2), pages 275-294. Available from: https://doi.org/10.1093/arbint/aiw034

Growth in international trade has led to considerable expansion of the scope of matters capable of settlement by arbitration. In spite of sustained scholarly activity on arbitrability, the question of what is arbitrable remains controversial but rele... Read More about Arbitrability and public policy: an African perspective..

The migrant crisis and refugee law in Scotland. (2016)
Journal Article
ARNELL, P. and LEWIS, O. 2016. The migrant crisis and refugee law in Scotland. SCOLAG legal journal, 466, page 152-155.

In October 2015 the world's media carried an image of a dead young boy lying face down on a beach in Greece. He had died in an effort to come to Europe.1 The photograph sparked international outcry. Amongst the political responses to the development... Read More about The migrant crisis and refugee law in Scotland..

Recovery of goods by a non-owner. (2016)
Journal Article
ANDERSON, C. 2016. Recovery of goods by a non-owner. Scots law times [online], 2016(22), pages 117-121. Available from: http://westlaw.co.uk.

Considers, with reference to case law, recovery of goods situations which require the person with possession or custody of property to hand it over to non-owners, namely persons with neither a real right in that property nor any apparent personal rig... Read More about Recovery of goods by a non-owner..

Examination of the frameworks for combating gas flaring in Nigeria: why has the Nigerian government failed to combat gas flaring. (2016)
Journal Article
MOHAMMED, J. 2016. Examination of the frameworks for combating gas flaring in Nigeria: why has the Nigerian government failed to combat gas flaring. Unimaid journal of public law, 4, pages 94-109.

Associated Gas (AG) flaring in Nigeria is a topical issue in view of the international efforts to curb greenhouse gas emissions thereby saving the global environment. The Nigerian government has attempted to eliminate or at least, reduce the volumes... Read More about Examination of the frameworks for combating gas flaring in Nigeria: why has the Nigerian government failed to combat gas flaring..

Challenges to prosecutorial discretion. (2016)
Journal Article
ARNELL, P. and SHARP, L. 2016. Challenges to prosecutorial discretion. Scots law times [online], 2016(21), pages 113-115. Available from: http://westlaw.co.uk

Considers challenges to prosecutorial discretion in light of the ECtHR decision in Da Silva v United Kingdom (5878/08) on whether UK authorities had failed, under ECHR art.2, to conduct an effective investigation into the fatal shooting by police off... Read More about Challenges to prosecutorial discretion..

Mountain child: systematic literature review. (2016)
Journal Article
AUDSLEY, A., WALLACE, R.M.M. and PRICE, M.F. 2016. Mountain child: systematic literature review. Maternal and child health journal [online], 20(12), pages 2415-2423. Available from: https://doi.org/10.1007/s10995-016-2051-8

Objectives This systematic review identifies and reviews both peer-reviewed and 'grey' literature, across a range of disciplines and from diverse sources, relating to the condition of children living in mountain communities in low- and middle-income... Read More about Mountain child: systematic literature review..

The Criminal Justice and Licensing (Scotland) Act Section 38: The implications of Paterson v Harvie. (2016)
Journal Article
SHARP, L. 2016. The Criminal Justice and Licensing (Scotland) Act Section 38: The implications of Paterson v Harvie. Juridical review, 2, pages 117-128. Available from: http://www.westlaw.co.uk

Examines how the Scottish courts have interpreted the actus reus of the offence of behaving in a threatening or abusive manner, under the Criminal Justice and Licensing (Scotland) Act 2010 s.38, which was introduced after the High Court of Justiciary... Read More about The Criminal Justice and Licensing (Scotland) Act Section 38: The implications of Paterson v Harvie..

Plagium: an archaic and anomalous crime. (2016)
Journal Article
BROWN, J. 2016. Plagium: an archaic and anomalous crime. Juridical review [online], 2, pages 129-146. Available from: http://www.westlaw.co.uk

Questions, in light of the continued existence of the offence of plagium in Scotland, involving the aggravated theft of pre-pubescent children, whether children are considered as 'mere things' under Scots law. Examines the history of the crime of pla... Read More about Plagium: an archaic and anomalous crime..

Women's rights in Africa: an examination of African human rights systems in the context of CEDAW and the universalism versus cultural relativism debate. (2016)
Journal Article
FATUROTI, B. 2016. Women's rights in Africa: an examination of African human rights systems in the context of CEDAW and the universalism versus cultural relativism debate. Journal of comparative law in Africa [online], 3(1), pages 149-176. Available from: https://hdl.handle.net/10520/EJC-60b4cfc84

Many African women suffer discrimination on the grounds of their gender and other factors, such as religion, customs, age and marital status. They continue to be victims of harmful practices whose perpetrators are never held to account because the pr... Read More about Women's rights in Africa: an examination of African human rights systems in the context of CEDAW and the universalism versus cultural relativism debate..

The European Union migration crisis. (2016)
Journal Article
BORG-BARTHET, J. and LYONS, C. 2016. The European Union migration crisis. Edinburgh law review [online], 20(2), pages 230-235. Available from: https://doi.org/10.3366/elr.2016.0346

On 9 September 2010 the body of a man who had fallen from a British Airways flight to Heathrow was discovered in a wealthy west-London suburb. It is hard to pinpoint any one precise origin of the migration crisis currently unfolding in Europe, but th... Read More about The European Union migration crisis..

The elephant in the dispute resolution room: problems with the definition of arbitration in Scots law. (2016)
Journal Article
CHRISTIE, D.S. 2016. The elephant in the dispute resolution room: problems with the definition of arbitration in Scots law. Juridical review, 1, pages 27-48. Available from: http://www.westlaw.co.uk

Considers the implications of the absence of a precise definition of arbitration in Scots law, particularly for distinguishing an expert determination from a judicial pronouncement. Examines options for resolving the uncertainty, including the lesson... Read More about The elephant in the dispute resolution room: problems with the definition of arbitration in Scots law..

The continuing refinement of habitual residence: R, petitioner. (2015)
Journal Article
HILL, D. 2015. The continuing refinement of habitual residence: R, petitioner. Edinburgh law review [online], 20(1), pages 82-86. Available from: https://doi.org/10.3366/elr.2016.0325

The past two years have provided fertile ground for judicial consideration of habitual residence as a factor connecting a person to a specific legal jurisdiction. Since September 2013, the connecting factor has been considered twice by the Court of J... Read More about The continuing refinement of habitual residence: R, petitioner..

Bereaved relatives' experiences in relation to post mortem: a qualitative exploration in North East Scotland. (2015)
Journal Article
STEPHEN, A., SHEACH LEITH, V., MACDUFF, C. and CHRISTIE, S. 2015. Bereaved relatives' experiences in relation to post mortem: a qualitative exploration in North East Scotland. Bereavement care [online], 34(3), pages 103-109. Available from: https://doi.org/10.1080/02682621.2015.1108547

When a family is grieving the loss of a member the consideration of post mortem is an additional concern. This study set out to explore how relatives are supported to give authorisation and throughout the post mortem process. Thirteen relatives with... Read More about Bereaved relatives' experiences in relation to post mortem: a qualitative exploration in North East Scotland..

Right to freedom of religion: a gendered difference. (2015)
Journal Article
STUART, A. 2015. Right to freedom of religion: a gendered difference. Journal of gender and power [online], 3(1), pages 25-66. Available from: http://gender-power.amu.edu.pl/JGP_Vol_3_No_1.pdf

This article critically analyses European jurisprudence to ascertain the extent to which the right to freedom of religion has been interpreted as a right of religion to internal autonomy. It asserts that women are being denied an effective right to f... Read More about Right to freedom of religion: a gendered difference..

Carving out a greater role for civil litigation as an environmental law enforcement tool in Zimbabwe's 2013 constitution. (2015)
Journal Article
MADEBWE, T. 2015. Carving out a greater role for civil litigation as an environmental law enforcement tool in Zimbabwe's 2013 constitution. Law, environment and development journal [online], 11(2), pages 108-119. Available from: https://lead-journal.org/content/15106.pdf

Traditionally, civil litigation has been marginalised as a complementary enforcement tool to state-led efforts at enforcing environmental law in Zimbabwe. This is despite the fact that its value as a complement to other enforcement efforts has increa... Read More about Carving out a greater role for civil litigation as an environmental law enforcement tool in Zimbabwe's 2013 constitution..

Anglo-American comparison of employers' liability for discrimination in employment based on weightism. (2015)
Journal Article
MIDDLEMISS, S. and DOWNIE, M. 2015. Anglo-American comparison of employers' liability for discrimination in employment based on weightism. Equal rights review, 15, pages 87-111.

This article analyses and compares research into discrimination based on weight (weightism) and the legal rules that cover it in the United Kingdom and the United States. Weightism is discrimination that is often based on stereotypical views of peopl... Read More about Anglo-American comparison of employers' liability for discrimination in employment based on weightism..

Lessons from the case of Abu Hamza. (2015)
Journal Article
ARNELL, P. 2015. Lessons from the case of Abu Hamza. Criminal law and justice weekly [online], 179(35), pages 709-710. Available from: https://www.lexisnexis.com/uk/legal/

UK national and resident Abu Hamza was sentenced to life imprisonment in early 2015 by Manhattan Federal Court for various terrorist-related offences. His US sentencing hearing was the most recent in a long-running series of 10 separate cases. One re... Read More about Lessons from the case of Abu Hamza..

The Effect of the Bribery Act 2010. (2015)
Journal Article
ARNELL, P. and EVANS, N. 2015. The Effect of the Bribery Act 2010. Juridical review [online], 2, pages 167-183. Available from: https://www.westlaw.co.uk

Analyses six key effects of the Bribery Act 2010, looking at how the practices adopted in Scotland and the rest of the UK differ. Considers: (1) changes to the substantive law; (2) Ministry of Justice guidance and corporate compliance programmes; (3... Read More about The Effect of the Bribery Act 2010..