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All Outputs (374)

Lads! Lads! Lads!: examining the interaction between the construction law "prevention principle" and liquidated damages. (2024)
Journal Article
CHRISTIE, D. 2024. Lads! Lads! Lads!: examining the interaction between the construction law "prevention principle" and liquidated damages. Juridical review [online] 2024(1), pages 27-37. Available from: https://uk.westlaw.com

There is a legal principle used by those dealing in practice with construction contracts, that where a construction project is not completed by the agreed completion date, but as a result of something happening which was within the responsibility of... Read More about Lads! Lads! Lads!: examining the interaction between the construction law "prevention principle" and liquidated damages..

Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea. (2024)
Journal Article
ARNELL, P. 2024. Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea. Asia Pacific law review [online], Latest Articles. Available from: https://doi.org/10.1080/10192557.2024.2323811

Extraterritorial criminal jurisdiction is a seemingly novel, arcane subject. Belgium's efforts in relatively recent years to try and punish persons accused of some of the most serious crimes may help create this impression. It is, however, only parti... Read More about Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea..

Religious accommodation and its limits. (2024)
Journal Article
MAK, C.H.W. 2023. Religious accommodation and its limits. Journal of church and state [online], Advance Articles. Available from: https://doi.org/10.1093/jcs/csae007

As society grapples with the role and reach of religious accommodation in secular liberal societies, Farrah Raza delves into this high-stakes debate with keen insight in her thought-provoking book, Religious Accommodation and Its Limits. Raza careful... Read More about Religious accommodation and its limits..

The Charities (Regulation and Administration) (Scotland) Act 2023. (2024)
Journal Article
ILOKA, U. and ARNELL, P. 2024. The Charities (Regulation and Administration) (Scotland) Act 2023. Scots law times [online], 2024(8), pages 33-35. Available from: https://uk.westlaw.com

This article discusses the scope and application of the Charities (Regulation and Administration) (Scotland) Act 2023 which amends the Charities and Trustee Investment (Scotland) Act 2005 to enhance transparency, and strengthen the regulation, of cha... Read More about The Charities (Regulation and Administration) (Scotland) Act 2023..

The Trusts and Succession (Scotland) bill: a critical analysis of modernising Scottish trust law. (2024)
Journal Article
MAK, C.H.W. 2024. The Trusts and Succession (Scotland) Bill: a critical analysis of modernising Scottish trust law. Scots law times [online], 2024(5), pages 23-26. Available from: https://uk.westlaw.com

This article discusses the scope and application of the Trusts and Succession (Scotland) Bill 2021, now the Trusts and Succession (Scotland) Act 2024, which modernises the legal framework governing the appointment and removal of trustees, duties of t... Read More about The Trusts and Succession (Scotland) bill: a critical analysis of modernising Scottish trust law..

Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes. (2024)
Journal Article
MAK, C.H.W. and CHIPPIN, M. [2024]. Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes. Trusts and trustees [online], Advanced Articles. Available from: https://doi.org/10.1093/tandt/ttae003

This paper examines trust taxation in Australia and Canada, focusing on the Australian Income Tax Assessment Act 1936's Section 97(1) and the Canadian Income Tax Act's Section 94.1. It explores the Australian Carter and the Canadian Fundy Settlement... Read More about Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes..

Recognizing the value of the African indigenous knowledge system: the case of Ubuntu and restorative justice. (2024)
Presentation / Conference
COLLIE, L., TELEKI, M., KAMGA, S.D. and DU BOIS, F. 2024. Recognizing the value of the African indigenous knowledge system: the case of Ubuntu and restorative justice. Presented at the 4th Cross-cultural conversation of the Interdisciplinary Forum for the Study of Jurisprudence and Value Inquiry in the Non-Western World (JVI), 31 January 2024, Aberdeen, UK.

This seminar was the fourth 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, mo... Read More about Recognizing the value of the African indigenous knowledge system: the case of Ubuntu and restorative justice..

The impact of the recent EU Insolvency Directive on Scottish insolvency law. (2024)
Journal Article
MAK, C.H.W. 2024. The impact of the recent EU Insolvency Directive on Scottish insolvency law. Scots Law Times, 2024(1), pages 1-5. Available from: https://uk.westlaw.com

Considers the implications for Scottish insolvency law of the EU's Proposal for a Directive harmonising certain aspects of insolvency law (Insolvency Directive), looking at the challenges and opportunities created by the Directive's emphasis on consi... Read More about The impact of the recent EU Insolvency Directive on Scottish insolvency law..

The extradition of Mike Lynch: should the forum bar be amended? (2024)
Journal Article
ARNELL, P. and DAVIES, G. 2024. The extradition of Mike Lynch: should the forum bar be amended? Criminal law review [online], 2024(2), pages 104-111. Available from: https://uk.westlaw.com

Discusses the extradition of Mike Lynch to the US to face charges of wire fraud, conspiracy to commit wire fraud and securities fraud, for overinflating the value of a software company, and the arguments that the extradition should have been barred o... Read More about The extradition of Mike Lynch: should the forum bar be amended?.

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..

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..

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..

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..

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..