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All Outputs (367)

Excluding Sexual Behaviour Evidence: Back to First Principles (2024)
Journal Article
Thomason, M. (in press). Excluding Sexual Behaviour Evidence: Back to First Principles. Criminal Law Review,

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.

Fairness as Balance: Investor Obligations and Investment Treaty Reform (2024)
Journal Article
Van Der Ploeg, K. P. (2024). Fairness as Balance: Investor Obligations and Investment Treaty Reform. International Investment Law Journal, 4(2), 184-197. https://doi.org/10.62768/IILJ/2024/4/2/05

The normative asymmetry between the rights and obligations of investors and host states under investment treaties has been a key reason for the treaties’ common characterization as “unbalanced”. While initially a description of a justified treaty des... Read More about Fairness as Balance: Investor Obligations and Investment Treaty Reform.

Complementing UN Human Rights Efforts Through Universal Periodic Review (2024)
Journal Article
Shah, S., & Sivakumaran, S. (2024). Complementing UN Human Rights Efforts Through Universal Periodic Review. Journal of Human Rights Practice, https://doi.org/10.1093/jhuman/huae008

The UN undertakes numerous human rights activities. Various UN entities have been established solely to promote and protect human rights, such as the Human Rights Council and the human rights treaty bodies. Others, such as the Security Council, have... Read More about Complementing UN Human Rights Efforts Through Universal Periodic Review.

Resisting the State Crimes of the Global North (2024)
Journal Article
Hodgson, N. (in press). Resisting the State Crimes of the Global North. Journal of International Criminal Justice, https://doi.org/10.1093/jicj/mqae010

Civil society actors are increasingly turning to international criminal law in response to harmful conduct by the states of the Global North. Legal and strategic concerns have been raised about this practice. It is unclear whether the International C... Read More about Resisting the State Crimes of the Global North.

Investor Obligations: Transformative and Regressive Impacts of the Business and Human Rights Framework (2024)
Journal Article
Van der Ploeg, K. P. (2024). Investor Obligations: Transformative and Regressive Impacts of the Business and Human Rights Framework. Business and Human Rights Journal, https://doi.org/10.1017/bhj.2024.8

The business and human rights (BHR) framework has regularly been considered the superior legal regime of corporate accountability for business-related human rights abuses, which must be both protected from and incorporated into investment treaties. H... Read More about Investor Obligations: Transformative and Regressive Impacts of the Business and Human Rights Framework.

Motherhood, Human Trafficking, and Asylum Seeking: The Experiences and Needs of Survivor Mothers in Birthing and Postnatal Care (2024)
Journal Article
Bosatta, L., Crespi de Valldaura, M., Bales, K., Spiby, H., & Ni Bhriain, L. (2024). Motherhood, Human Trafficking, and Asylum Seeking: The Experiences and Needs of Survivor Mothers in Birthing and Postnatal Care. Societies, 14(5), Article 69. https://doi.org/10.3390/soc14050069

This article aims to illuminate the little-studied phenomenon of asylum-seeking child-bearing women in the UK, survivors of violence and human trafficking. This is a significant issue in terms of the proportion of women affected and the paucity of ca... Read More about Motherhood, Human Trafficking, and Asylum Seeking: The Experiences and Needs of Survivor Mothers in Birthing and Postnatal Care.

Freedom of Speech and Academic Freedom in Higher Education in England (2024)
Journal Article
McGoldrick, D. (2024). Freedom of Speech and Academic Freedom in Higher Education in England. Human Rights Quarterly, 46(2), 287-329. https://doi.org/10.1353/hrq.2024.a926223

This article considers the context, development, and significance of the Higher Education (Freedom of Speech) Act 2023. The Act was relatively unusual in aiming to increase the normative strength of freedom of speech. The central justification given... Read More about Freedom of Speech and Academic Freedom in Higher Education in England.

The European Securitization Market: Effects of an Uneven Regulatory Playing Field (2024)
Journal Article
Papadogiannis Varouchakis, T. (2024). The European Securitization Market: Effects of an Uneven Regulatory Playing Field. Journal of Financial Regulation, https://doi.org/10.1093/jfr/fjae002

This article critically assesses the European securitization industry’s claim of the existence of an uneven regulatory playing field for securitization structures vis-à-vis financial instruments deemed ‘neighbouring’ to securitization by the industry... Read More about The European Securitization Market: Effects of an Uneven Regulatory Playing Field.

The Parody Exception in EU Design Law: A Catalyst for Creative Evolution, Innovation and Cultural Discourse (2024)
Journal Article
Jacques, S., & Derclaye, E. (in press). The Parody Exception in EU Design Law: A Catalyst for Creative Evolution, Innovation and Cultural Discourse. European Intellectual Property Review,

This article delves into the recent proposals put forward by the European Commission, presented on the 28th of November 2022, which aim to revise key EU instruments governing the protection of design rights. With design legislation largely remaining... Read More about The Parody Exception in EU Design Law: A Catalyst for Creative Evolution, Innovation and Cultural Discourse.

Bringing the International Covenant on Civil and Political Rights Home? (2024)
Journal Article
Mcgoldrick, D. (2024). Bringing the International Covenant on Civil and Political Rights Home?. European Human Rights Law Review, 1, 57-68

This article is a thought-experiment. Given that the United Kingdom's Human Right Act has had over two decades to bed down, could and should the same model be extended to the International Covenant on Civil and Political Rights (1966), thereby giving... Read More about Bringing the International Covenant on Civil and Political Rights Home?.

To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn (2023)
Journal Article
Derclaye, E. (2023). To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn. Intellectual Property Quarterly, 2023(2), 59-85

Over the course of the last three decades, the European Union has adopted 11 legislative instruments in the field of copyright to harmonise many of its aspects and the Court of Justice of the European Union ( CJEU) has over the years been very active... Read More about To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn.

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.

Solar Power for Resilient Health Systems in Nigeria: Regulatory, Financial and Organisational Options for Sustainable Business Models (2023)
Journal Article
Paim, M.-A., Gershon, O., Adeyemi, A., Azubuike, S., Mu, X., & Roeben, V. (2023). Solar Power for Resilient Health Systems in Nigeria: Regulatory, Financial and Organisational Options for Sustainable Business Models. Journal of Energy and Development, 48(1-2), 175-194

This article investigates sustainable business models for the electrification of primary healthcare facilities (PHCs) through Renewable Energy (RE) in Nigeria. The PHCs using Luminous or lithium batteries require careful allocation of costs potential... Read More about Solar Power for Resilient Health Systems in Nigeria: Regulatory, Financial and Organisational Options for Sustainable Business Models.

Standardizing an Ontology for Ethically Aligned Robotic and Autonomous Systems (2023)
Journal Article
Houghtaling, M. A., Fiorini, S. R., Fabiano, N., Gonçalves, P. J. S., Ulgen, O., Haidegger, T., …Prestes, E. (2024). Standardizing an Ontology for Ethically Aligned Robotic and Autonomous Systems. IEEE Transactions on Systems, Man, and Cybernetics: Systems, 54(3), 1791-1804. https://doi.org/10.1109/TSMC.2023.3330981

Domain-specific ontologies support system design and can establish a framework for fulfilling user-level, safety, or ethical requirements. The IEEE 7007-2021 Ontological Standard for ethically driven robotics and automation systems is the first indus... Read More about Standardizing an Ontology for Ethically Aligned Robotic and Autonomous Systems.

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.

The position of the European security architecture within the international legal order (2023)
Journal Article
White, N. D. (2023). The position of the European security architecture within the international legal order. Italian Yearbook of International Law Online, 32 (2022), 3-24

With the universal architecture for peace and security centred upon the UN Charter of 1945 and the Non-Proliferation Treaty (NPT) of 1968 being built on great power foundations, there are manifest problems when there is no consensus amongst those gre... Read More about The position of the European security architecture within the international legal order.

Legal consequences of the common law marriage myth (2023)
Journal Article
Bannister, S. (2023). Legal consequences of the common law marriage myth. Child and Family Law Quarterly, 2023(September 2023),

The 'common law marriage myth' is a well-established phenomenon. About half of the British public believe that simply cohabiting together as a couple entitles them to rights equal to spouses. Belief in the myth may lead to significant harm if it mean... Read More about Legal consequences of the common law marriage myth.