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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..

The UK's Illegal Migration Bill: human rights violated. (2023)
Journal Article
ARNELL, P., LEWIS, O., KALOCSÁNYIOVÁ, E. and FORRESTER, A. 2023. The UK's Illegal Migration Bill: human rights violated. Medicine, science and law [online], OnlineFirst. Available from: https://doi.org/10.1177/00258024231186736

Stopping asylum seekers from arriving in the UK on small boats was one of the five key pledges made by Prime Minister Rishi Sunak in January 2023.1 An important facet of the attempt to meet that promise is the Illegal Migration Bill. Introduced in Ma... Read More about The UK's Illegal Migration Bill: human rights violated..

Australia: financial sector - new reforms to strengthen accountability and transparency within the industry. (2023)
Journal Article
MAK, C.H.W. 2023. Australia: financial sector - new reforms to strengthen accountability and transparency within the industry. Journal of international banking law and regulation [online], 38(8), pages N55-N56. Available from: https://uk.westlaw.com

Reviews the aims of Australia's Financial Accountability Regime Bill 2023, the background to its creation, its failure to include individual civil penalties for infringing accountability duties, its approach to transparency, its likely implications,... Read More about Australia: financial sector - new reforms to strengthen accountability and transparency within the industry..

The legal status of church pews in certain civil law jurisdictions. (2023)
Journal Article
LYTVYNENKO, A.A. and MACHOVENKO, J.G. 2023. The legal status of church pews in certain civil law jurisdictions. International comparative jurisprudence [online], 9(1), pages 1-23. Available from: https://doi.org/10.13165/j.icj.2023.06.001

Objects of common use in various houses of worship, one of which is a place in a church (church pew), suggest that parishioners have the right to use them, often for quite a long period of time. However, do parishioners have property rights to a plac... Read More about The legal status of church pews in certain civil law jurisdictions..

Group proceedings in Scotland. (2023)
Journal Article
MANTE, J. and ARNELL, P. 2023. Group proceedings in Scotland. Scots law times [online], 2023 (19), pages 93-96. Available from: https://uk.westlaw.com

From 31 July 2020 a new form of proceedings, group proceedings, have been available in the Court of Session. A group for this purpose comprises two or more individuals who each have a separate claim in the subject matter. Litigation has begun. Consid... Read More about Group proceedings in Scotland..

From Canada to Scotland: the incorporation of ethical wildlife control principles: a review. (2023)
Journal Article
MONEAGLE, H.L. 2023. From Canada to Scotland: the incorporation of ethical wildlife control principles: a review. Laws [online], 12(3), article number 52. Available from: https://doi.org/10.3390/laws12030052

In 2015, 20 experts from academia, industry, and non-governmental organisations on 5 continents agreed to a set of seven international principles for ethical decision making ("the principles") in managing human–wildlife conflict. The principles have... Read More about From Canada to Scotland: the incorporation of ethical wildlife control principles: a review..

China: the establishment of the State Administration of Financial Supervision and Administration. (2023)
Journal Article
MAK, C.H.W. 2023. China: the establishment of the State Administration of Financial Supervision and Administration. Butterworths journal of international banking and financial law [online], 38(6), pages 438-440. Available from: https://plus.lexis.com/

China is currently undergoing significant financial reform, intending to establish a centralised national financial regulatory body. This change represents a stark departure from the nation's prior fragmented regulatory strategies. The primary object... Read More about China: the establishment of the State Administration of Financial Supervision and Administration..

Debts unravelled: trust law's unbiased approach to resolving sovereign defaults. (2023)
Journal Article
MAK, C.H.W. [2023]. Debts unravelled: trust law's unbiased approach to resolving sovereign defaults. Trusts and trustees [online], Advanced Articles. Available from: https://doi.org/10.1093/tandt/ttad023

Sovereign debt defaults have long ignited debate in international finance as debtors, creditors and global entities wrestle with clashing interests. Trust law emerges as a fair and objective method, with trusts formed to manage and disburse funds for... Read More about Debts unravelled: trust law's unbiased approach to resolving sovereign defaults..

Deciphering gender disparities in socioeconomic cum cultural and religious practices in Africa. (2023)
Journal Article
ODUSANYA, T.O., FAYOMI, O.O. and OGUNSANWO, A. 2023. Deciphering gender disparities in socioeconomic cum cultural and religious practices in Africa. Innovare journal of social sciences [online], 11(3), pages 9-14. Available from: https://doi.org/10.22159/ijss.2023.v11i3.47686

Demographically, more than half of the African population are women. Nevertheless, disparities in allusion to gender linger at the apex of contemporary issues, especially in Africa. For several decades, women have been continuously sidelined from soc... Read More about Deciphering gender disparities in socioeconomic cum cultural and religious practices in Africa..

Sovereign debt sustainability: multilateral debt treatment and the credit rating impasse. (2023)
Journal Article
MAK, C.H.W. 2023. Sovereign debt sustainability: multilateral debt treatment and the credit rating impasse. INSOL world [online], 2023(1st Quarter), page 39. Available from: https://publications.insol.org/view/823629741/39/

This is a review of "Sovereign Debt Sustainability: Multilateral Debt Treatment and the Credit Rating Impasse" by Daniel Cash (Routledge, 2022). The 2007-09 global economic crisis resulted in pressing issues for many countries, especially those with... Read More about Sovereign debt sustainability: multilateral debt treatment and the credit rating impasse..

Hong Kong: civil and commercial judgments: reciprocal recognition of Hong Kong and mainland court judgments. (2023)
Journal Article
MAK, C.H.W. 2023. Hong Kong: civil and commercial judgments: reciprocal recognition of Hong Kong and mainland court judgments. Journal of international banking law and regulation [online], 38(4), pages N16-N17. Available from: https://uk.westlaw.com/Document/I1A0AD610C2CF11EDAFD6F430EC801F0E/View/FullText.html

The Hong Kong Legislative Council passed The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (MJREO) on 26 October 2022. The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commerc... Read More about Hong Kong: civil and commercial judgments: reciprocal recognition of Hong Kong and mainland court judgments..

Protecting built heritage in Hong Kong. (2023)
Journal Article
GIORGALLIS, A. and MAK, C.H.W. [2023]. Protecting built heritage in Hong Kong. Journal of arts management, law and society [online], Latest Articles. Available from: https://doi.org/10.1080/10632921.2023.2169803

This is a review of "Protecting Built Heritage in Hong Kong", by Steven Brian Gallagher. Thinking about Hong Kong's cultural heritage automatically leads one to some assumptions. A first assumption that might spring to mind is the modern architecture... Read More about Protecting built heritage in Hong Kong..

Navigating the complexities of section 100A: a look at the future of trust taxation in Australia. (2023)
Journal Article
MAK, C.H.W. 2023. Navigating the complexities of section 100A: a look at the future of trust taxation in Australia. Trusts and trustees [online], 29(3), pages 201-207. Available from: https://doi.org/10.1093/tandt/ttad003

Section 100A of the Income Tax Assessment Act of 1936 is a provision designed to prevent arrangements in which a distribution is made to a beneficiary with a low tax rate, yet the economic benefit is conveyed or paid to a second beneficiary with a hi... Read More about Navigating the complexities of section 100A: a look at the future of trust taxation in Australia..

New Zealand: financial markets: conduct of financial institutions legislation. (2023)
Journal Article
MAK, C.H.W. 2023. New Zealand: financial markets: conduct of financial institutions legislation. Journal of international banking law and regulation [online], 38(2), pages N5-N6. Available from: https://uk.westlaw.com/Document/IDAF2A850946F11ED89CC9617AC9394E7/View/FullText.html

On 29 June 2022, the Financial Markets (Conduct of Institutions) Amendment Act 2022 was passed into law in New Zealand. The Act establishes a new conduct licensing regime for regulating the conduct of financial institutions, which is scheduled to tak... Read More about New Zealand: financial markets: conduct of financial institutions legislation..

Russian foreign investments at risk: why bring investment disputes relating to Russia to the Hong Kong International Arbitration Centre? (2023)
Journal Article
MAK, C.H.W. and LAI, R. 2023. Russian foreign investments at risk: why bring investment disputes relating to Russia to the Hong Kong International Arbitration Centre? Asian dispute review [online], 25(1), pages 27-33. Available from: https://kluwerlawonline.com/journalarticle/Asian+Dispute+Review/25.1/ADR2023005

This article discusses the proliferation of foreign investors seeking redress through arbitration as a result of the international sanctions imposed against Russia and special retaliatory economic counter-measures imposed against certain investors. I... Read More about Russian foreign investments at risk: why bring investment disputes relating to Russia to the Hong Kong International Arbitration Centre?.

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..

A crime scene reconstruction for digital forensic analysis: an SUV case study. (2023)
Journal Article
NICHO, M., ALBLOOKI, M., ALMUTIWEI, S., MCDERMOTT, C.D. and ILESANMI, O. 2023. A crime scene reconstruction for digital forensic analysis: an SUV case study. International journal of digital crime and forensics [online], 15(1), 327358. Available from: https://doi.org/10.4018/IJDCF.327358

The abundance of digital data within modern vehicles makes digital vehicle forensics (DVF) a promising subfield of digital forensics (DF), with significant potential for investigations. In this research, the authors apply DVF methodology to a SUV, si... Read More about A crime scene reconstruction for digital forensic analysis: an SUV case study..

Belokon v. Kyrgyzstan: practical implications of award set-asides arising from corruption allegations. (2022)
Journal Article
LAI, R. and MAK, C.H.W. 2022. Belokon v. Kyrgyzstan: practical implications of award set-asides arising from corruption allegations. ASIL insights [online], 26(14). Available from: https://www.asil.org/insights/volume/26/issue/14

As one of the most arbitration-friendly jurisdictions, French courts have long had a tradition of judicial non-interference in the arbitral process. In the context of annulment proceedings, French courts are normally granted limited scope in reviewin... Read More about Belokon v. Kyrgyzstan: practical implications of award set-asides arising from corruption allegations..

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)..