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Outputs (68)

An Evaluation of the “Legacy Jurisdiction” of the International Criminal Court: The Philippines Investigation (2025)
Journal Article
Eskauriatza, J. S. (in press). An Evaluation of the “Legacy Jurisdiction” of the International Criminal Court: The Philippines Investigation. Asian Journal of International Law, https://doi.org/10.1017/S2044251325100696

On what basis may the International Criminal Court (“ICC”) exercise its jurisdiction over States that have withdrawn from the Rome Statute? Is it enough that the alleged crimes occurred before the State withdrew from the treaty? When acting proprio m... Read More about An Evaluation of the “Legacy Jurisdiction” of the International Criminal Court: The Philippines Investigation.

The Right to Freedom of Thought in Kenya (2025)
Book Chapter
Miyandazi, V., Mudeyi, M., & Okoth, H. O. (2025). The Right to Freedom of Thought in Kenya. In P. O'Callaghan, & B. Shiner (Eds.), The Cambridge Handbook of the Right to Freedom of Thought (12). Cambridge University Press (CUP)

Los articulos 12. 13 y 14 de la Directiva de mercado unico digital (2025)
Book Chapter
Torremans, P. (2025). Los articulos 12. 13 y 14 de la Directiva de mercado unico digital. In M. del Pilar Cámara Águila, & I. Garrote Fernández-Díez (Eds.), La transposición en España de la directiva sobre derechos de autor y mercado único digital (341-372). Tirant lo Blanch

Unlocking the full potential of restorative justice: Lessons for a thicker peace in Colombia’s transitional justice framework (2025)
Report
Clamp, K. (2025). Unlocking the full potential of restorative justice: Lessons for a thicker peace in Colombia’s transitional justice framework

This policy brief critically examines the role of the Special Jurisdiction for Peace (JEP) in Colombia as a mechanism for restorative justice within the broader framework of transitional justice established by the 2016 Peace Agreement. The JEP’s stru... Read More about Unlocking the full potential of restorative justice: Lessons for a thicker peace in Colombia’s transitional justice framework.

Judiciary chiefs in hybrid regimes: Kenya (2025)
Journal Article
Miyandazi, V., & Okubasu, D. M. (2025). Judiciary chiefs in hybrid regimes: Kenya. International Journal of Constitutional Law, 23(1), 240-262. https://doi.org/10.1093/icon/moaf016

This article examines the critical role of judicial chiefs in hybrid regimes using Kenya as a case study. It highlights how judicial effectiveness arises from the complex dynamics of leadership, institutional independence, interdependence, and public... Read More about Judiciary chiefs in hybrid regimes: Kenya.

Navigating the Nexus of Elections, Technology and Democracy amid Escalating Disinformation and Misinformation Challenges in Kenya (2025)
Book Chapter
Miyandazi, V., & Thuo, L. (2025). Navigating the Nexus of Elections, Technology and Democracy amid Escalating Disinformation and Misinformation Challenges in Kenya. In R. J. Krotoszynski, A. Koltay, & C. Garden (Eds.), Disinformation, Misinformation, and Democracy: Legal Approaches in Comparative Context (311-342). Cambridge University Press. https://doi.org/10.1017/9781009373272.018

Despite Kenya’s transformative and progressive 2010 Constitution, it is still grappling with a hybrid democracy, displaying both authoritarian and democratic traits. Scholars attribute this status to several factors, with a prominent one being the do... Read More about Navigating the Nexus of Elections, Technology and Democracy amid Escalating Disinformation and Misinformation Challenges in Kenya.

Countering Sexual Harassment and Assault in Outer Space: Contributions from a Criminological Perspective (2024)
Book Chapter
Clamp, K. (2024). Countering Sexual Harassment and Assault in Outer Space: Contributions from a Criminological Perspective. In Y. Eski, & J. Lampkin (Eds.), Crime, Criminal Justice and Ethics in Outer Space: International Perspectives. Taylor & Francis (Routledge). https://doi.org/10.4324/9781003437178

As human activity in outer space increases, the potential for conflict, crime, and victimisation emerges as a vital but overlooked criminological concern. This chapter explores several questions to identify relevant criminological knowledge and learn... Read More about Countering Sexual Harassment and Assault in Outer Space: Contributions from a Criminological Perspective.

Excluding sexual behaviour evidence: back to first principles (2024)
Journal Article
Thomason, M. (2024). Excluding sexual behaviour evidence: back to first principles. Criminal Law Review, 692-719

Relevant sexual behaviour (SB) evidence should be admissible unless there are good reasons to exclude it. Starting from first principles, this article provides an in-depth analysis of reasons which might justify a rule of exclusion for relevant SB ev... Read More about Excluding sexual behaviour evidence: back to first principles.

Historical Perspectives on Law, Sexual Intimacy and Capacity (2024)
Book Chapter
Sandland, R. (2024). Historical Perspectives on Law, Sexual Intimacy and Capacity. In B. Clough, & . L. Pritchard-Jones (Eds.), Mental Capacity Law, Sexual Relationships, And Intimacy (17-37). Bristol University Press. https://doi.org/10.51952/9781529235647.ch001

In this chapter, the principal aim is to analyse the law around sex and capacity which was repealed and replaced by the Sexual Offences Act 2003 and Mental Capacity Act 2005. This law is to be found in a spasmodic trail of criminal caselaw, punctuate... Read More about Historical Perspectives on Law, Sexual Intimacy and Capacity.

Bargaining the rules of evidence (2024)
Book Chapter
Thomason, M. (2024). Bargaining the rules of evidence. In M. Langer, M. McConville, & L. Marsh (Eds.), Research Handbook on Plea Bargaining and Criminal Justice (349-363). Edward Elgar Publishing. https://doi.org/10.4337/9781802206678.00032

Plea bargains depend in large part on the available evidence against the defendant. Strictly speaking, these negotiations should be based only on evidence that is likely to be admissible at trial. Bargains therefore implicitly depend on the structure... Read More about Bargaining the rules of evidence.

Making Sense of Stocks & Shares ISAs (2024)
Report
Hyde, R., & Reynolds, F. (2024). Making Sense of Stocks & Shares ISAs. The Investing and Saving Alliance

Legal and regulatory communications designed to help consumers aren’t doing their job. This isn’t new news. The FCA has challenged firms to improve their communications and design with the consumer in mind. The Consumer Duty is in motion. Nevertheles... Read More about Making Sense of Stocks & Shares ISAs.

The Law Commission’s “Structured Discretion” Rape Shield: A Critique (2023)
Journal Article
THOMASON, M. (2023). The Law Commission’s “Structured Discretion” Rape Shield: A Critique. Archbold Review, 2023(10), 4-10

Taking up a Chapter of its own in the Law Commission’s mammoth Evidence in Sexual Offences Prosecutions Consultation Paper are proposals to reform the admissibility rules for sexual behaviour (née sexual history) evidence (SBE). Though the Law Comm... Read More about The Law Commission’s “Structured Discretion” Rape Shield: A Critique.

Human Rights and Equality Commissions in Kenya and Their Role in Tackling Poverty and Economic Inequality (2023)
Journal Article
Miyandazi, V. (2023). Human Rights and Equality Commissions in Kenya and Their Role in Tackling Poverty and Economic Inequality. Federal Law Review, 51(4), 422-441. https://doi.org/10.1177/0067205X231212026

This article explores the significance of the Kenya National Human Rights Commission (‘KNCHR’) and the National Gender and Equality Commission (‘NGEC’), as independent ‘fourth branch’ institutions protecting democracy (‘IPDs’) in Kenya, in promoting... Read More about Human Rights and Equality Commissions in Kenya and Their Role in Tackling Poverty and Economic Inequality.

Constructive Trusts and Theft (2023)
Journal Article
Rotherham, C. (2023). Constructive Trusts and Theft. Victoria University of Wellington Law Review, 54(1), 295-316. https://doi.org/10.26686/vuwlr.v54i1.8447

The Theft Act 1968 (UK) marked a major reform of United Kingdom criminal law resulting in numerous offences being superseded by a broad crime of theft. The Act explicitly provided that theft extended to interferences with equitable property rights. W... Read More about Constructive Trusts and Theft.

Rights Lab, University of Nottingham, Response to the UK International Development White Paper: Call for Evidence (Foreign, Commonwealth & Development Office) (2023)
Report
Jackson, B., Bosatta, L., & Schwarz, K. (2023). Rights Lab, University of Nottingham, Response to the UK International Development White Paper: Call for Evidence (Foreign, Commonwealth & Development Office). Foreign, Commonwealth and Development Office (UK)

Submission to the UK Government call for evidence (led by the Foreign, Commonwealth and Development Office) International Development White Paper, September 2023. Response to questions submitted by the Rights Lab, University of Nottingham. Responses... Read More about Rights Lab, University of Nottingham, Response to the UK International Development White Paper: Call for Evidence (Foreign, Commonwealth & Development Office).

Scotland's Future Podcast Series 3 Episode 2 (2023)
Digital Artefact
Gettinby, M., Hudson, J., & Miyandazi, V. (2023). Scotland's Future Podcast Series 3 Episode 2. [University of St Andrews Youtube Channel and Scotland's Future Podcast]

Exploring Consumer Detriment in Immersive Gaming Technologies (2023)
Journal Article
Hyde, R., & Cartwright, P. (2023). Exploring Consumer Detriment in Immersive Gaming Technologies. Journal of Consumer Policy, 46(3), 335-361. https://doi.org/10.1007/s10603-023-09544-9

Recent technological advances have led to immersive consumer experiences becoming increasingly common. However, there has been relatively little discussion of the consumer detriment that results from the exploitation of immersion. In this article, we... Read More about Exploring Consumer Detriment in Immersive Gaming Technologies.