Recent Submissions

  • The evolution of European policies on investment arbitration. 

    Kotelnikov, Andrey
    KOTELNIKOV, A. and VOROPAEV, K. [2019]. The evolution of European policies on investment arbitration. Herald of the Euro-Asian law congress [online], (accepted).
    Over the last two decades, the European Commission radically altered its attitude towards investment arbitration and became its fierce opponent. This article considers the history of this change, attempts to fathom the ...
  • Extradition and the Polish judiciary. 

    Arnell, Paul (Sweet and Maxwell http://westlaw.co.uk, 2019-06-07)
    ARNELL, P. 2019. Extradition and the Polish judiciary. Scots law times [online], 18, pages 53-55. Available from: http://westlaw.co.uk
    This article discusses the rulings in Circuit Court of Warszawa-Praga v Maciejec (Sh Ct) and Regional Court in Bielsko-Biala, Poland v Charyszyn (Ch Ct) in which Polish nationals, subject to extradition order requests, ...
  • Refusal of planning consent for the Docking Shoal offshore wind farm: stakeholder perspectives and lessons learned. 

    Broadbent, Ian D.; Nixon, Caroline (Elsevier https://doi.org/10.1016/j.marpol.2019.103529, 2019-06-04)
    BROADBENT, I.D. and NIXON, C.L.B. 2019. Refusal of planning consent for the Docking Shoal offshore wind farm: stakeholder perspectives and lessons learned. Marine policy [online], In Press. Available from: https://doi.org/10.1016/j.marpol.2019.103529
    The Docking Shoal project was developed by Centrica as part of The Crown Estate’s Round 2 of UK offshore wind licensing. After 8 years of development, the project was ultimately refused planning consent by the Secretary ...
  • Extradition and mental health in UK law. 

    Arnell, Paul (Springer https://doi.org/10.1007/s10609-019-09369-7, 2019-04-12)
    ARNELL, P. 2019. Extradition and mental health in UK law. Criminal law forum [online], Latest Articles. Available from: https://doi.org/10.1007/s10609-019-09369-7
    The response of UK extradition law and practice to requested persons presenting with mental health disorders is multi-faceted and unnecessarily complex. The issues raised are not consistently addressed. The reasons for ...
  • Scots law as a civilian system: a response. 

    Brown, Jonathan (Scottish Law Agents Society, 2019-01-31)
    BROWN, J. 2019. Scots law as a civilian system: a response. Scottish law gazette, 86(4), pages 59-61.
    This article responds to Lord Gill's speech given to the Judicial Institute on 14 July 2016, concerning the Roman law origins of the Scottish legal system, discussing how this tradition means that the Scottish system is a ...
  • Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child. 

    Ross, Hamish
    ROSS, H. [2019]. Judicial responses to violations of the emotional, physical, psychological and sexual integrity of the child. International journal of children's rights [online], (accepted).
    This article examines the use of limitation laws in the context of civil law claims under English law and Scots law brought by adult claimants in relation to allegations of historical abuse in childhood. Using case law as ...
  • Preferential pay protection: does UK law provide poorer protection to those discriminated against on grounds of protected characteristics other than gender? 

    Downie, Margaret (Sage https://doi.org/10.1177/1358229118817163, 2019-01-08)
    DOWNIE, M. 2019. Preferential pay protection: does UK law provide poorer protection to those discriminated against on grounds of protected characteristics other than gender? International journal of decrimination and the law [online], Online First. Available from: https://doi.org/10.1177/1358229118817163
    UK law treats equal pay claims based on gender (brought under the equal pay provisions of Part 5 Chapter 3 of the Equality Act 2010) differently from equal pay claims based on other protected characteristics of age, ...
  • 'Splendid, but what does it actually mean?' Good faith and relational contracts in the UK construction industry. 

    Christie, David S.
    CHRISTIE, D. [2018]. 'Splendid, but what does it actually mean?' Good faith and relational contracts in the UK construction industry. Journal of commonwealth law [online], (accepted).
    The most important modern report on the culture of the UK construction industry had, as its aim, the creation of an atmosphere in the industry where, in the words of Lewis Carroll's Dodo: 'Everybody has won and all must ...
  • Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? 

    Faturoti, Bukola; Agbaitoro, Godswill; Onya, Obinna
    FATUROTI, B., AGBAITORO, G. and ONYA, O. [2018]. Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? African journal of international and comparative law [online], (accepted).
    The case of Jonah Gbemre v. Shell Petroleum Development Company of Nigeria Limited made an historic deviation from the usual trend of seeking for monetary compensation by host communities in oil rich regions in Nigeria. ...
  • Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. 

    Christie, Sarah
    CHRISTIE, S. [2018]. Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. Journal of medical law and ethics [online], (accepted).
    This paper considers the interpretation of section 25(2)(c) of the Mental Capacity Act 2005, on the relevance of subsequent inconsistent behaviour by the maker of an advance decision. Consideration of the very few cases, ...
  • O Tempora! O Mores! The place of boni mores in dignity discourse. 

    Brown, Jonathan
    BROWN, J. [2018]. O Tempora! O Mores! The place of boni mores in dignity discourse. Cambridge quarterly of healthcare ethics [online], (accepted).
    In an earlier article, I had argued that Common lawyers and bioethicists may find the Romanistic notion of the actio iniuriarum, and the conception of ‘dignity’ which is central to this legal mechanism, instructive in ...
  • Jus quaesitum tertio: a res, not a right? 

    Brown, Jonathan
    BROWN, J. [2018]. Jus quaesitum tertio: a res, not a right? Juridical review, (accepted).
    Until the law was reformed by the Contract (Third Party Rights) (Scotland) Act 2017, the law relating to contractual third party rights, in Scotland, was perceived to be problematic. There were thought to be three main ...
  • What an extradition hearing is and why it matters. 

    Arnell, Paul (Sweet and Maxwell http://www.westlaw.co.uk, 2018-12-31)
    ARNELL, P. 2018. What an extradition hearing is and why it matters. Juridical review [online], 4, pages 250-268. Available from: http://westlaw.co.uk
    Extradition is important. It serves vital purposes. The centrepiece of UK extradition is the hearing. It plays the operative role in the rendition of accused and convicted persons from the UK to third states. In light of ...
  • The European Union migration crisis. 

    Borg Barthet, Justin; Lyons, Carole (Edinburgh University Press https://dx.doi.org/10.3366/elr.2016.0346, 2016-04-30)
    BORG-BARTHET, J. and LYONS, C. 2016. The European Union migration crisis. Edinburgh Law Review [online], 20(2), pages 230-235. Available from: https://dx.doi.org/10.3366/elr.2016.0346
    On 9 September 2010 the body of a man who had fallen from a British Airways flight to Heathrow was discovered in a wealthy west-London suburb. It is hard to pinpoint any one precise origin of the migration crisis currently ...
  • Protecting the wrongdoer: civil limitation laws in historical childhood abuse claims. 

    Ross, Hamish
    ROSS, H. [2018]. Protecting the wrongdoer: civil limitation laws in historical childhood abuse claims. International journal of children's rights [online], (accepted).
    This article examines the appropriateness of applying civil limitation and related laws to adult claims in historical child abuse cases, focusing on moral and policy issues attending the use of such laws highlighted in a ...
  • Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? 

    Brown, Jonathan
    BROWN, J. [2018]. Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? Cambridge quarterly of healthcare ethics [online], (accepted).
    The importance of human 'dignity' in disputes concerning biological material has been recognised, but the term 'dignity' itself is oft decried as a 'hopelessly amorphous', 'vacuous concept' which should be 'discarded as a ...
  • Bad weather absences and employer liability. 

    Middlemiss, Sam (Sweet and Maxwell http://westlaw.co.uk, 2018-06-01)
    MIDDLEMISS, S. 2018. Bad weather absences and employer liability. Scots law times [online], 17, pages 69-71. Available from: http://westlaw.co.uk
    Discusses the liability of employers for disciplinary action taken against employees following absences relating to bad weathers, notably pursuant to government or police advice, or because attending the workplace is not ...
  • Robinson v Chief Constable of West Yorkshire Police: a re-interpretation by the Supreme Court. 

    Arnell, Sarah (Sweet and Maxwell http://westlaw.co.uk, 2018-06-30)
    ARNELL, S. 2018. Robinson v Chief Constable of West Yorkshire Police: a re-interpretation by the Supreme Court. Juridical review [online], 2, pages 128-132. Available from: http://westlaw.co.uk
    The existence of a duty of care is central to the law of negligence. The Supreme Court has taken the opportunity to clarify the position of the police with regard to when they will owe a duty of care and, at the same time, ...
  • The petroleum industries bill; a deficient policy for environmental management in Nigeria's oil and gas sector. 

    Chuks-Ezike, Chukwuemeka (Allied Academies http://www.alliedacademies.org/environmental-risk-assessment-and-remediation/archive/aaerar-volume-2-issue-2-year-2018.html, 2018-05-18)
    CHUKS-EZIKE, C. 2018. The Petroleum Industries Bill; a deficient policy for environmental management in Nigeria's oil and gas sector. Environmental risk assessment and remediation [online], 2(2), pages 35-39. Available from: http://www.alliedacademies.org/articles/the-petroleum-industries-bill-a-deficient-policy-for-environmental-management-in-nigerias-oil-and-gas-sector-9711.html
    The process for passage of the Petroleum Industries Bill (PIB) of Nigeria, instituted in 2008 was done with the purpose of regulating Nigeria's oil and gas sector. This Bill is therefore, upon passage, expected to repeal ...
  • Deficient legislation sanctioning oil spill in Nigeria: a need for a review of the regulatory component of petroleum laws in Nigeria and the Petroleum Industries Bill. 

    Chuks-Ezike, Chukwuemeka (Science Target https://www.sciencetarget.com/Journal/index.php/IJES/issue/current, 2018-03-06)
    CHUKS-EZIKE, C. [2018]. Deficient legislation sanctioning oil spill in Nigeria: a need for a review of the regulatory component of petroleum laws in Nigeria and the Petroleum Industries Bill. International journal of environment and sustainability [online]: special issue for the 5th Ajman international environment conference (AIEC2018), 6-7 March 2018, Ajman, UAE, (accepted).
    The grave challenges of oil pollution have been over stated in several environmental journals. Similarly, there have been several discourses on the prevailing nature of Nigerian oil spill pollution. Alarmingly, the spills ...

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