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All Outputs (219)

A rights-based approach to environmental protection: the Zimbabwean experience. (2015)
Journal Article
MADEBWE, T. 2015. A rights-based approach to environmental protection: the Zimbabwean experience. African human rights law journal [online], 15(1), pages 110-128. Available from: https://www.ahrlj.up.ac.za/madebwe-t

Stemming from common law, international law and statutes, Zimbabwean law has always recognised the prominent role that environmental rights should play in the environmental regulatory framework. In theory, this was based on recognition of the fact th... Read More about A rights-based approach to environmental protection: the Zimbabwean experience..

Re-visiting old ideas in order to craft an effective modern international environmental law regulatory framework. (2015)
Journal Article
MADEBWE, T. 2015. Re-visiting old ideas in order to craft an effective modern international environmental law regulatory framework. Environmental law review [online], 17(2), pages 100-116. Available from: https://doi.org/10.1177/1461452915578833

The most compelling arguments that have explored how effective environmental protection could be secured through regulatory means have arguably been those that have proposed the turn to international environmental organisation-style institutions to d... Read More about Re-visiting old ideas in order to craft an effective modern international environmental law regulatory framework..

Business identity theft under the UDRP and the ACPA: is bad faith always bad for business advertising? (2015)
Journal Article
FATUROTI, B. 2015. Business identity theft under the UDRP and the ACPA: is bad faith always bad for business advertising? Journal of international commercial law and technology [online], 10(1), pages 1-12. Available from: https://www.neliti.com/publications/28852/business-identity-theft-under-the-udrp-and-the-acpa-is-bad-faith-always-bad-for

Websites have provided a very strong platform for businesses to reach their customers. They surpass the regular billboards by providing portals through which transactions are conducted without any physical contacts between a seller and a buyer. This... Read More about Business identity theft under the UDRP and the ACPA: is bad faith always bad for business advertising?.

Delivery of goods in the custody of a third party: operation and basis. (2015)
Journal Article
ANDERSON, C. 2015. Delivery of goods in the custody of a third party: operation and basis. Edinburgh law review [online], 19(2), pages 165-185. Available from: https://doi.org/10.3366/elr.2015.0270

In this article, Craig Anderson examines the historical origins and current law of the Scottish rules concerning how delivery of goods in the custody of a third party may be validly effected by transferor to transferee. The author suggests that the f... Read More about Delivery of goods in the custody of a third party: operation and basis..

Relationship problems: employer's liability for marital discrimination? (2015)
Journal Article
MIDDLEMISS, S. 2015. Relationship problems: employer's liability for marital discrimination? Common law world review, 44(1), pages 51-70. Available from: https://doi.org/10.1177/1473779514564560

This paper involves analysis of the law covering discrimination in the workplace against workers who have entered into a formal marriage or a civil partnership, referred to here as marital discrimination. It also looks at the law dealing with discrim... Read More about Relationship problems: employer's liability for marital discrimination?.

Constitutionalism and the new Zimbabwean constitution. (2014)
Journal Article
MADEBWE, T. 2014. Constitutionalism and the new Zimbabwean constitution. Midlands State University law review [online], 1, pages 6-19. Available from: http://hdl.handle.net/11408/508

Codified constitutions are arguably the most celebrated type of constitution in the world. This is probably because codified constitutions are contained in one document called 'The Constitution.' As such, they offer a primary and singular source from... Read More about Constitutionalism and the new Zimbabwean constitution..

Extradition, the forum bar and transnational drug trafficking. (2014)
Journal Article
ARNELL, P. 2014. Extradition, the forum bar and transnational drug trafficking. Criminal law and justice weekly [online], 178(42), pages 623-624. Available from: https://www.lexisnexis.com/uk/legal/

Concerns have been expressed over what are perceived as insufficient safeguards in UK law to protect persons amenable to concurrent criminal jurisdiction. These were particularly forceful where an accused person had material links to the UK. The Crim... Read More about Extradition, the forum bar and transnational drug trafficking..

Let the stalker beware? Analysis of the law of stalking in Scotland. (2014)
Journal Article
MIDDLEMISS, S. 2014. Let the stalker beware? Analysis of the law of stalking in Scotland. Journal of criminal law [online], 78(5), pages 407-422. Available from: https://doi.org/10.1350/jcla.2014.78.5.942

This article analyses the significance of changes to the law in Scotland dealing with stalking by outlining the previous legal position and examining the new legal rules and their impact. Stalking has been proven to be extremely harmful to the victim... Read More about Let the stalker beware? Analysis of the law of stalking in Scotland..

Dispensing with the consent of a non-entitled spouse. (2014)
Journal Article
ANDERSON, C. 2014. Dispensing with the consent of a non-entitled spouse. Juridical review [online], 3, pages 177-186. Available from: http://www.westlaw.co.uk

Discusses the right given to a non-owning spouse to occupy the matrimonial home under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and in particular s.7 which allows the court to dispense with the non-owning spouse's consent to deali... Read More about Dispensing with the consent of a non-entitled spouse..

Time for a public policy update in police liability? (2014)
Journal Article
ARNELL, S. 2014. Time for a public policy update in police liability? Scots law times [online], 2014(26), pages 111-113. Available from: http://westlaw.co.uk

This article discusses, with reference to leading case law developments such as the Queen's Bench Division ruling in DSD v Commissioner of Police of the Metropolis, the issue of police accountability in the detection and investigation of crime and co... Read More about Time for a public policy update in police liability?.

Institutionalised ADR and access to justice: the changing faces of the Nigerian judicial system. (2014)
Journal Article
FATUROTI, B. 2014. Institutionalised ADR and access to justice: the changing faces of the Nigerian judicial system. Journal of comparative law in Africa, 1(1), pages 66-89.

Many legal jurisdictions have come to the realisation of how judicial bureaucracies and rigidity have left many disputants disenchanted about the entire justice system. This article examines the responses of State Governments in Nigeria to the proble... Read More about Institutionalised ADR and access to justice: the changing faces of the Nigerian judicial system..

Extradition between friends. (2014)
Journal Article
ARNELL, P. 2014. Extradition between friends. Criminal law and justice weekly [online], 178(24), page 361. Available from: https://www.lexisnexis.com/uk/legal/

With friends like these, who needs enemies is an epithet that appears to apply to the United Kingdom's extradition partners. Draconian sentencing policies, unjust plea bargaining, unlawful rendition, systemic judicial corruption, deficient medical tr... Read More about Extradition between friends..

The international co-operation unit of the COPFS. (2014)
Journal Article
ARNELL, P. 2014. The international co-operation unit of the COPFS. SCOLAG legal journal, 439, pages 96-97.

Dr Paul Anell gives an overview of the report by the Inspectorate of Prosecution in Scotland. NOTE: publisher link no longer working (last checked 2019-01-31).

Removing oil subsidies in Nigeria: between necessity and false economy. (2014)
Journal Article
EZEANI, E.C. 2015. Removing oil subsidies in Nigeria: between necessity and false economy. Journal of world energy law and business [online], 7(4), pages 364-389. Available from: https://doi.org/10.1093/jwelb/jwu018

The rising costs of oil products on the global market and increasing dependency on fossil fuels have become a concern for both governments and international bodies. Aside from calls to governments to move towards alternatives in the form of renewable... Read More about Removing oil subsidies in Nigeria: between necessity and false economy..

CRC general comments on children's health, impact of the business sector and the right to rest, leisure and play. (2013)
Journal Article
WALLACE, R.M.M., MARTIN-ORTEGA, O. and ROSS, H. 2013. CRC general comments on children's health, impact of the business sector and the right to rest, leisure and play. Irish journal of family law, 6(2), pages 35-40.

In April 2013, the UN Committee on the Rights of the Child (CRC) published the three General Comments which had been adopted at its 62nd session. General comments 15, 16 and 17 relate to the right of the child to enjoyment of the highest attainable s... Read More about CRC general comments on children's health, impact of the business sector and the right to rest, leisure and play..

CRC general comment 14 on the right of the child to have his or her best interests taken as a primary consideration. (2013)
Journal Article
ROSS, H. 2013. CRC general comment 14 on the right of the child to have his or her best interests taken as a primary consideration. Irish journal of family law, 16(4), pages 110-114.

In May 2013, the UN Committee on the Rights of the Child (“CRC”) published General Comment 14 which had been adopted at its 62nd session. General Comment 14 relates to the right of the child to have his or her best interests taken as a primary consid... Read More about CRC general comment 14 on the right of the child to have his or her best interests taken as a primary consideration..

Causation compared: facts, fictions inferences and legal legitimacy. (2013)
Journal Article
ARNELL, S. 2013. Causation compared: facts, fictions inferences and legal legitimacy. Journal of comparative law, 8(1), pages 63-104.

An analysis of how the supreme courts in Australia, Canada, and the United Kingdom have dealt with evidential difficulties in establishing causation in tort/delict, where there is a gap in scientific knowledge which makes it impossible to say how an... Read More about Causation compared: facts, fictions inferences and legal legitimacy..

Making treatment decisions for the future: advance directives and the question of legislative clarity. (2013)
Journal Article
CHRISTIE, S. and ANDERSON, M. 2013. Making treatment decisions for the future: advance directives and the question of legislative clarity. Journal of medical law and ethics [online], 1(2) pages 85-109. Available from: https://www.uitgeverijparis.nl/reader/9349/8498

This article sets out to consider the extent to which advance directives can be used as an effective means to entrench personal autonomy, and, in the light of their statutory form in numerous other jurisdictions, consider the various approaches which... Read More about Making treatment decisions for the future: advance directives and the question of legislative clarity..

Is a claim for post-employment victimisation currently permissible under the Equality Act 2010? (2013)
Journal Article
MIDDLEMISS, S. 2014. Is a claim for post-employment victimisation currently permissible under the Equality Act 2010? International journal of discrimination and the law [online], 14(2), pages 117-125. Available from: https://doi.org/10.1177/1358229113510825

This article provides an overview of the current legal rules dealing with post-employment victimisation and an analysis of the nature and scope of the law on this issue in the United Kingdom. The main focus of the article is to consider the conflicti... Read More about Is a claim for post-employment victimisation currently permissible under the Equality Act 2010?.