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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], (accepted).

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..

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..

The problem of gas flaring: a review of current legal and policy efforts in the UK and Nigeria. (2021)
Journal Article
MOLLER, L. and MOHAMMED, J.I. [2021]. The problem of gas flaring: a review of current legal and policy efforts in the UK and Nigeria. Oil, gas and energy law [online]: law and policy for gas flaring in a low-carbon economy, Provisional. Available from: https://www.ogel.org/journal-advance-publication-article.asp?key=700

The flaring of gas and consequent carbon dioxide emissions from oil and gas installations is a significant environmental problem in many countries and a key contributor to global warming and climate change. The process consumes useful natural resourc... Read More about The problem of gas flaring: a review of current legal and policy efforts in the UK and Nigeria..

MNOC's level of engagement with human rights obligations in transnational litigations from the Niger Delta. (2021)
Journal Article
OCHEI, N.V., EZEANI, E. and ANDERSON, C. 2021. MNOC's level of engagement with human rights obligations in transnational litigations from the Niger Delta. People: international journal of social sciences [online], 7(3), pages 18-41. Available from: https://doi.org/10.20319/pijss.2021.73.1841

The approach that Multinational Oil companies (MNOCs) use to comply with their human rights obligations translates to the different levels of engagement with stakeholders. For example, concerns regarding alleged human rights and environmental violati... Read More about MNOC's level of engagement with human rights obligations in transnational litigations from the Niger Delta..

A study of university law students’ self-perceived digital competences. (2021)
Journal Article
MARTZOUKOU, K., KOSTAGIOLAS, P., LAVRANOS, C., LAUTERBACH, T. and FULTON, C. 2021. A study of university law students' self-perceived digital competences. Journal of librarianship and information science [online], Online First. Available from: https://doi.org/10.1177/09610006211048004

The concept of digital competences incorporates the effective use of constantly-changing digital tools and media for learning and performing digital tasks, digital behaviours (such as online communication, teamwork, ethical sharing of information), a... Read More about A study of university law students’ self-perceived digital competences..

Res judicata, oppression and abuse of process in Scots extradition law. (2021)
Journal Article
ARNELL, P. 2021. Res judicata, oppression and abuse of process in Scots extradition law. Scots law times [online], 25, pages 94-96. Available from: https://uk.westlaw.com

This article considers Iliev (Ilia) v HM Advocate (HCJ Appeal), refusing permission to appeal against a decision to extradite the applicant to Romania under a European arrest warrant on the grounds of res judicata or abuse of process arising out of t... Read More about Res judicata, oppression and abuse of process in Scots extradition law..

New developments in the campaign against unwanted workplace banter. (2021)
Journal Article
MIDDLEMISS, S. 2021. New developments in the campaign against unwanted workplace banter. Industrial law journal [online], 50(2), pages 330-335. Available from: https://doi.org/10.1093/indlaw/dwab013

Banter has been defined by the Cambridge Dictionary as ‘conversation that is funny and not serious’. This suggests that it is a form of dialogue or conversation that is jokey, non-threatening and wanted by the recipient. However, in reality, this is... Read More about New developments in the campaign against unwanted workplace banter..

Charity law and public benefit in Scotland. (2021)
Journal Article
ILOKA, U. and ARNELL, P. 2021. Charity law and public benefit in Scotland. Scots law times [online], 12, pages 52-54. Available from: https://westlaw.com

Discusses Office of the Scottish Charity Regulator v New Lanark Hotels Ltd (IH) on whether the Upper Tribunal had erred in concluding that a charity's trading subsidiaries should be entered on the Scottish Charities Register despite having activities... Read More about Charity law and public benefit in Scotland..

Extradition and mental health in the spotlight: the case of Julian Assange. (2021)
Journal Article
ARNELL, P. and FORRESTER, A. 2021. Extradition and mental health in the spotlight: the case of Julian Assange. Criminal behaviour and mental health [online], 31(2), pages 77-79. Available from: https://doi.org/10.1002/cbm.2195

Approximately 1000 persons are extradited from the UK every year. While this number may lessen on account of Brexit, it is clear that hundreds of individuals will be forcibly removed from the UK, both nationals and non-nationals, to stand trial or be... Read More about Extradition and mental health in the spotlight: the case of Julian Assange..

Real burdens and implied enforcement rights: the Scottish Law Commission's recommendations. (2021)
Journal Article
ANDERSON, C. 2021. Real burdens and implied enforcement rights: the Scottish Law Commission's recommendations. Juridical review [online], 1, pages 38-47. Available from: http://westlaw.co.uk

This article examines the Scottish Law Commission's final recommendations on the operation of Title Conditions (Scotland) Act 2003 s.53 and the implications for the law of implied rights to enforce real burdens.

Police cooperation and exchange of information under the EU-UK trade and cooperation agreement. (2021)
Journal Article
ARNELL, P., BOCK, S., DAVIES, G. and WÖRNER, L. 2021. Police cooperation and exchange of information under the EU-UK trade and cooperation agreement. New journal of European criminal law [online], 12(2), pages 265-276. Available from: https://doi.org/10.1177/2032284421995572

Brexit has led to a realignment of police cooperation and information exchange between the EU and the UK. This has been affected by Titles II-V and IX of Part III of the Trade and Cooperation Agreement. The terms governing the exchange of DNA, finger... Read More about Police cooperation and exchange of information under the EU-UK trade and cooperation agreement..

The new UK-EU extradition arrangements. (2021)
Journal Article
ARNELL, P. and DAVIES, G. 2021. The new UK-EU extradition arrangements. Scots law times [online], 6, pages 21-23. Available from: http://westlaw.co.uk

Extradition requests to Scotland under the European Arrest Warrant (EAW) have ended. Existing from 1 January 2004 to 31 December 2020 the EAW transformed aspects of Scottish and UK extradition practice. In its stead is a new set of rules applying bet... Read More about The new UK-EU extradition arrangements..

Extradition and mental health: the need for multidisciplinary review and research. (2021)
Journal Article
ARNELL, P. and FORRESTER, A. 2021. Extradition and mental health: the need for multidisciplinary review and research. Medicine, science and the law [online], 61(2), pages 83-85. Available from: https://doi.org/10.1177/0025802421993370

More than 1000 people are forcibly removed from the UK each year through the process of extradition, so that they might stand trial or be imprisoned abroad. Over the last 10 years, 115,915 extradition requests were made using one such mechanism, the... Read More about Extradition and mental health: the need for multidisciplinary review and research..

Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future. (2020)
Journal Article
DAVIES, G. and ARNELL, P. 2021. Extradition between the UK and Ireland after Brexit: understanding the best and present to prepare for the future. Journal of criminal law [online], 85(2): criminal justice cooperation between the UK and Ireland after Brexit, pages 98-120. Available from: https://doi.org/10.1177/0022018320977531

The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Irela... Read More about Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future..

Ownership of fish. (2020)
Journal Article
ANDERSON, C. 2020. Ownership of fish. Scots law times [online], 33, pages 229-233. Available from: http://westlaw.co.uk

This article considers the issues raised in Borwick Development Solutions Ltd v Clear Water Fisheries Ltd (CA) on whether fish which lived in fishing lakes were the landowner's property, or whether qualified property rights existed over them as wild... Read More about Ownership of fish..

Inherent resilience, major marine environmental change and revitalisation of coastal communities in Soma, Fukushima Prefecture, Japan. (2020)
Journal Article
MABON, L., KAWABE, M., HUANG, Y.-C., MOLLER, L., GU, J., WAKAMORI, D., NARITA, K., ITO, T., MATSUMOTO, A., NIIZEKI, K., SUZUKI, S. and WATANABE, M. 2020. Inherent resilience, major marine environmental change and revitalisation of coastal communities in Soma, Fukushima Prefecture, Japan. International journal of disaster risk reduction [online], 51, article ID 101852. Available from: https://doi.org/10.1016/j.ijdrr.2020.101852

The Fukushima Dai'ichi nuclear accident presents challenging circumstances for disaster recovery in coastal communities, as ongoing uncertainties around the nuclear plant's decommissioning may create new risks in the future. Within disaster risk stud... Read More about Inherent resilience, major marine environmental change and revitalisation of coastal communities in Soma, Fukushima Prefecture, Japan..

Liability of employers for third party harassment in the UK. (2020)
Journal Article
MIDDLEMISS, S. 2021. Liability of employers for third party harassment in the UK. International journal of law and management [online], 63(1), pages 147-156. Available from: https://doi.org/10.1108/IJLMA-06-2020-0171

Purpose: This paper aims to summarise current law dealing with third party harassment in workplaces in the UK and make recommendations for improving law. Design/methodology/approach: Review of case law, articles etc. Findings: It is found that the cu... Read More about Liability of employers for third party harassment in the UK..

Pater knows best: withdrawal of medical treatment from infants in Scotland. (2020)
Journal Article
BROWN, J. and CHRISTIE, S. 2020. Pater knows best: withdrawal of medical treatment from infants in Scotland. Oxford journal of legal studies [online], 40(4), pages 682-707. Available from: https://doi.org/10.1093/ojls/gqaa019

The cases of Charlie Gard and Alfie Evans placed the withdrawal of treatment from terminally ill infants at the forefront of medical law and ethics. In the medico-legal context, Scottish court procedures materially differ from those in England. This... Read More about Pater knows best: withdrawal of medical treatment from infants in Scotland..

The legal rights of workers and volunteers at the Edinburgh Festival Fringe. (2020)
Journal Article
MIDDLEMISS, S. 2021. The legal rights of workers and volunteers at the Edinburgh Festival Fringe. International journal of law and management [online], 63(1), pages 51-64. Available from: https://doi.org/10.1108/IJLMA-03-2020-0082

Purpose: Against the background of the biggest arts festival in the world, there have been some shocking findings recently about the treatment of performers and other workers at the Fringe. The purpose of this paper is to consider the type of treatme... Read More about The legal rights of workers and volunteers at the Edinburgh Festival Fringe..

The forum bar to extradition in Scotland . (2020)
Journal Article
ARNELL, P. 2020. The forum bar to extradition in Scotland. Scots law times [online], 22, pages 139-141. Available from: http://westlaw.co.uk

Discusses Craig (James) v HM Advocate (HCJ Appeal), refusing an appeal by a UK resident, who was the subject of an extradition request by the US government, against a sheriff's decision to order his extradition, notwithstanding the illegality of the... Read More about The forum bar to extradition in Scotland ..