Recent Submissions

  • How can the use of 'mutual trust and cooperation' in the NEC 3 suite of contracts help collaboration? 

    Christie, David S. (Informa Business Intelligence https://www.i-law.com/ilaw/doc/view.htm?id=376379, 2017-06-30)
    CHRISTIE, D. 2017. How can the use of 'mutual trust and cooperation' in the NEC 3 suite of contracts help collaboration? International construction law review [online], 34(2), pages 93-112. Available from: https://www.i-law.com
    The NEC 3 standard form of construction contract aims to promote collaboration. It hinges on the use of a particular phrase 'mutual trust and understanding' which is largely undefined. Linking that to notions of good faith ...
  • Challenges of infrastructure procurement in emerging economies and implications for economic development: a case study of Ghana. 

    Ankrah, Nii; Mante, Joseph; Ndekugri, Issaka (Routledge https://www.routledge.com/Real-Estate-Construction-and-Economic-Development-in-Emerging-Market-Economies/Abdulai-Obeng-Odoom-Ochieng-Maliene/p/book/9780415747899, 2015-11-09)
    ANKRAH, N., MANTE, J. and NDEKUGRI, I. 2015. Challenges of infrastructure procurement in emerging economies and implications for economic development: a case study of Ghana. In Abdulai, R.T., Obeng-Odoom, F., Ochieng, E. and Maliene, V. (eds.) Real estate, construction and economic development in emerging market economies. Oxon: Routledge, chapter 9, pages 174-201. Available from: https://www.routledge.com/Real-Estate-Construction-and-Economic-Development-in-Emerging-Market-Economies/Abdulai-Obeng-Odoom-Ochieng-Maliene/p/book/9780415747899
    Infrastructure comprises the physical facilities, institutions and organisational structures or the social and economic foundations for the operation of a society (UNCTAD, 2008). The World Bank (1994) defines infrastructure ...
  • Arbitrability in the context of Ghana's new arbitration law. 

    Mante, Joseph; Ndekugri, Issaka (Sweet and Maxwell http://westlaw.co.uk, 2012-04-30)
    MANTE, J. and NDEKUGRI, I. 2012. Arbitrability in the context of Ghana's new arbitration law. International arbitration law review [online], 15(2), pages 31-41. Available from: https://westlaw.co.uk
    Examines the approach of Ghana's Alternative Dispute Resolution Act 2010 to the question of arbitrability. Reflects on the concept of "arbitrability" under international law, the relevant trends emerging from case law, and ...
  • Arbitrability and public policy: an African perspective. 

    Mante, Joseph (SOCIETY OF LEGAL SCHOLARS, 2015-09-01)
    MANTE, J. 2015. Arbitrability and public policy: an African perspective. Presented at the Society of legal scholars conference 2015, 1 - 4 September 2015, York, UK.
    The paper is divided into five sections. The first section provides a brief overview of the concept of arbitrability. The second section surveys the current trend and relationship between arbitrability and public policy ...
  • Local content and the Marginal Fields Programme: challenges for indigenous participation in the Nigerian oil industry. 

    Ezeani, Elimma C.; Nwuke, Chinwe (OGEL https://www.ogel.org/article.asp?key=3671, 2017-01-31)
    EZEANI, E.C. and NWUKE, C. 2017. Local content and the marginal fields programme: challenges for indigenous participation in the Nigerian oil industry. Oil, gas and energy law intelligence [online], 15(1), pages 1-20. Available from: www.ogel.org/articles.asp?key=3671
    The upstream oil sector in Nigeria since the discovery of oil in the 1950s has been dominated by international oil companies. To revise this situation and learning from the experience of countries with strong representation ...
  • Human trafficking in Scotland: the legislative response. 

    Arnell, Paul; Ogilvie, Tracy (Scottish Legal Action Group http://www.scolag.org/system/files/2013_SCOLAG_164-165.pdf, 2013-07-31)
    ARNELL, P. and OGILVIE, T. 2013. Human trafficking in Scotland: the legislative response. SCOLAG legal journal [online], 430, pages 164-165. Available from: http://www.scolag.org/system/files/2013_SCOLAG_164-165.pdf.
    Human trafficking in Scotland has entered the realms of political rhetoric, governmental consciousness and academic debate. Following a summit on human trafficking in October 2012 in Edinburgh Justice Minister Kenny MacAskill ...
  • The international co-operation unit of the COPFS. 

    Arnell, Paul (Scottish Legal Action Group http://www.scolag.org/journal/issue-439-may-2014-scolag-93-116, 2014-05-31)
    ARNELL, P. 2014. The international co-operation unit of the COPFS. SCOLAG journal [online], 439, pages 96-97. Available from: http://www.scolag.org/journal/issue-439-may-2014-scolag-93-116.
    Dr Paul Anell gives an overview of the report by the Inspectorate of Prosecution in Scotland.
  • Adjudication costs under the Housing Grants, Construction and Regeneration Act 1996: the attractions of Singapore's Building and Construction Industry Security of Payment Act 2004. 

    Todd, Nicholas; Ezeani, Elimma C. (Sweet and Maxwell https://westlaw.co.uk, 2016-12-31)
    TODD, N. and EZEANI, E.C. 2016. Adjudication costs under the Housing Grants, Construction and Regeneration Act 1996: the attractions of Singapore's Building and Construction Industry Security of Payment Act 2004. Juridical review [online], 2016(4), pages 315-336. Available from: http://westlaw.co.uk.
    Escalating costs in UK statutory adjudications under the Housing Grants, Construction & Regeneration Act (HGCRA)1996 have restricted the use of the procedure by some of the very parties whose interests the legislation was ...
  • Lessons from the case of Abu Hamza. 

    Arnell, Paul (LexisNexis Butterworth https://www.criminallawandjustice.co.uk/features/Lessons-Case-Abu-Hamza, 2015-09-26)
    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.criminallawandjustice.co.uk/features/Lessons-Case-Abu-Hamza.
    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 ...
  • Extradition between friends. 

    Arnell, Paul (LexisNexis Butterworth https://www.criminallawandjustice.co.uk/features/Extradition-Between-Friends, 2014-06-14)
    ARNELL, P. 2014. Extradition between friends. Criminal law and justice weekly [online], 178(24), page 361. Available from: https://www.criminallawandjustice.co.uk/features/Extradition-Between-Friends.
    "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 ...
  • Extradition, the forum bar and transnational drug trafficking. 

    Arnell, Paul (LexisNexis Butterworth https://www.criminallawandjustice.co.uk/features/Extradition-Forum-Bar-and-Transnational-Drug-Trafficking, 2014-10-18)
    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.criminallawandjustice.co.uk/features/Extradition-Forum-Bar-and-Transnational-Drug-Trafficking.
    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 ...
  • The Effect of the Bribery Act 2010. 

    Arnell, Paul; Evans, Nicola (Sweet and Maxwell https://westlaw.co.uk, 2015-06-30)
    ARNELL, P. and EVANS, N. 2015. The Effect of the Bribery Act 2010. Juridical review [online], 2, pages 167-183. Available from: https://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 ...
  • Challenges to prosecutorial discretion. 

    Arnell, Paul; Sharp, Laura (Sweet and Maxwell http://westlaw.co.uk, 2016-07-29)
    ARNELL, P. and SHARP, L. 2016. Challenges to prosecutorial discretion. Scots law times [online], 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 ...
  • Recovery of goods by a non-owner. 

    Anderson, Craig (Sweet and Maxwell http://westlaw.co.uk, 2016-08-05)
    ANDERSON, C. 2016. Recovery of goods by a non-owner. Scots law times [online], 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 ...
  • Compromise agreements and heritable property. 

    Anderson, Craig (Sweet and Maxwell http://westlaw.co.uk, 2016-10-28)
    ANDERSON, C. 2016. Compromise agreements and heritable property. Scots law times [online], 32, pages 169-173. Available from: http://westlaw.co.uk.
    Discusses compromise agreements in the context of heritable property transactions. Considers key aspects such as the concept of compromise agreements and whether such agreements concerning heritable property require writing ...
  • The use of ADR methods in the context of the barriers obstructing access to non ADR justice in Indian sub-continent. 

    Amjad, Muhammad (Robert Gordon University Aberdeen Business School, Law, 2016-06-01)
    AMJAD, M. 2016. The use of ADR methods in the context of the barriers obstructing access to non ADR justice in Indian sub-continent. Robert Gordon University, MRes thesis.
    This research considers the related questions on access to justice in India sub-continent: what exactly is wrong with the judiciary, what is Alternative Dispute Resolution (ADR), and why do people prefer it to the judiciary ...
  • Dispensing with the consent of a non-entitled spouse. 

    Anderson, Craig (Sweet and Maxwell http://www.westlaw.co.uk, 2014-09-30)
    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 ...
  • Extinction of leases confusione. 

    Anderson, Craig (Sweet and Maxwell http://westlaw.co.uk, 2015-06-30)
    ANDERSON, C. 2015. Extinction of leases confusione. Juridical review [online], 2, pages 185-214. Available from: http://westlaw.co.uk.
    Investigates whether the Scots law doctrine of confusio, which operates to extinguish an obligation, applies where a landlord acquires a tenant's right under a lease, or vice versa. Considers issues raised by the application ...
  • The continuing tension between human rights and extradition. 

    Arnell, Paul (Sweet and Maxwell http://login.westlaw.co.uk, 2016-12-31)
    ARNELL, P. 2016. The continuing tension between human rights and extradidtion. Scots law times [online], 40, pages 211-214. Available from: http://login.westlaw.co.uk
    Examines the High Court of Justiciary ruling in Dean (Zain Taj) v Lord Advocate refusing leave to appeal a High Court decision to allow an appeal by a British national under the Extradition Act 2003 s.103 against the ...
  • The legality and propriety of the trials of Abu Hamza. 

    Arnell, Paul (University of Bergen https://doi.org/10.15845/bjclcj.v4i2.1066, 2016-12-31)
    ARNELL, P. 2016. The legality and propriety of the trials of Abu Hamza. Bergen journal of criminal law and criminal justice [online], 4(2), pages 196-219. Available from: https://doi.org/10.15845/bjclcj.v4i2.1066
    Abu Hamza is serving a life sentence in an American prison, having been convicted of terrorist offences in 2014. He was previously imprisoned in the United Kingdom. Two central questions arise from his case; whether the ...

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