Skip to main content

Research Repository

Advanced Search

All Outputs (362)

The League of Nations, autonomy and collective security (2020)
Journal Article
White, N. (2020). The League of Nations, autonomy and collective security. London Review of International Law, 8(1), 89–120. https://doi.org/10.1093/lril/lraa010

This article tests the assumption that in institutional and legal design the League of Nations was incapable of providing collective security. The lens through which this issue is scrutinised is the concept of institutional legal autonomy, in other w... Read More about The League of Nations, autonomy and collective security.

Elizabeth Papp Kamali, Felony and the Guilty Mind in Medieval England (Cambridge, United Kingdom: Cambridge University Press, 2019), Pp. 336, GBP 90.00 (hardback). ISBN: 978-1-108-49879-1 (2020)
Journal Article
White, S. B. (2020). Elizabeth Papp Kamali, Felony and the Guilty Mind in Medieval England (Cambridge, United Kingdom: Cambridge University Press, 2019), Pp. 336, GBP 90.00 (hardback). ISBN: 978-1-108-49879-1. American Journal of Legal History, 60(2), 247-249. https://doi.org/10.1093/ajlh/njaa007

Children's Economic and Social Rights and Child Poverty: The State of Play (2020)
Journal Article
Nolan, A., & Pells, K. (2020). Children's Economic and Social Rights and Child Poverty: The State of Play. International Journal of Children's Rights, 28(1), 111-132. https://doi.org/10.1163/15718182-02801006

The article begins by outlining the state of the existing theoretical child rights literature on ESR, before going on to consider the growing body of CRS focused on specific ESR-thematic areas. The authors make clear the historic dominance of law in... Read More about Children's Economic and Social Rights and Child Poverty: The State of Play.

The Paradox of Scottish Life Imprisonment (2020)
Journal Article
van Zyl Smit, D., & Morrison, K. (2020). The Paradox of Scottish Life Imprisonment. European Journal of Crime, Criminal Law and Criminal Justice, 28(1), 76-102. https://doi.org/10.1163/15718174-02801004

More people are serving life sentences in Scotland as a proportion of the national population than in any other country in Europe. Yet Scotland claims to adopt a welfarist rather than a penal approach to criminal justice. This paper uses a wide rang... Read More about The Paradox of Scottish Life Imprisonment.

The Characterization of Pre-insolvency Proceedings in Private International Law (2020)
Journal Article
Mevorach, I., & Walters, A. (2020). The Characterization of Pre-insolvency Proceedings in Private International Law. European Business Organization Law Review, 21(4), 855-894. https://doi.org/10.1007/s40804-020-00176-x

© 2020, The Author(s). The decade since the financial crisis has witnessed a proliferation of various ‘light touch’ financial restructuring techniques in the form of so-called pre-insolvency proceedings. These proceedings inhabit a space on the spect... Read More about The Characterization of Pre-insolvency Proceedings in Private International Law.

Digital legal rights: Exploring detainees' understanding of the right to a lawyer and potential barriers to accessing legal advice (2020)
Journal Article
Kemp, V. (2020). Digital legal rights: Exploring detainees' understanding of the right to a lawyer and potential barriers to accessing legal advice. Criminal Law Review, 2020(2), 129-147

This study involved using an App to explore with detainees their understanding of the right to a lawyer and to identify what factors influence the take-up of legal advice. Also examined in this paper, from the users’ perspective, are potential barrie... Read More about Digital legal rights: Exploring detainees' understanding of the right to a lawyer and potential barriers to accessing legal advice.

Procuring infrastructure for international sporting events: mapping the field for IPACS and beyond (2019)
Journal Article
Arrowsmith, S., Bayley, R., Gorczynska, A., Idoku, J., Kay, S., Faria Lopes, J., …Thurston, A. (2019). Procuring infrastructure for international sporting events: mapping the field for IPACS and beyond. Public Procurement Law Review, 28(6), 257-318

This article presents the results of a study of infrastructure procurement for international sporting events. The objective was to map both the institutional frameworks and the procedures and governance mechanisms. We were concerned only with the acq... Read More about Procuring infrastructure for international sporting events: mapping the field for IPACS and beyond.

The effects of default, transfer, and withdrawal provisions on JOA exits: should I stay or should I go? (2019)
Journal Article
Pereira, E., & Pappa, M. (2019). The effects of default, transfer, and withdrawal provisions on JOA exits: should I stay or should I go?. International Energy Law Review, 2019(2), 39-47

Default, transfer of interest or rights, and withdrawal are prima facie three distinct clauses in a Joint Operating Agreement (JOA). They serve different purposes and are subject to different conditions. But at the same time, they may all lead to a p... Read More about The effects of default, transfer, and withdrawal provisions on JOA exits: should I stay or should I go?.

A fresh view on the hard/soft law divide: implications for international insolvency of enterprise groups (2019)
Journal Article
Mevorach, I. (2019). A fresh view on the hard/soft law divide: implications for international insolvency of enterprise groups. Michigan Journal of International Law, 40(3), 505-530

It is the orthodox belief that treaties and—within the EU—directly applicable regulations represent hard, binding international law, while other international instruments-including model laws-are forms of soft law. In a previous publication 2 I discu... Read More about A fresh view on the hard/soft law divide: implications for international insolvency of enterprise groups.

A Credible Solution? Non-Defendant's Bad Character and Section 100 of the Criminal Justice Act 2003 (2019)
Journal Article
Birch, D. (2019). A Credible Solution? Non-Defendant's Bad Character and Section 100 of the Criminal Justice Act 2003. Criminal Law Review - London, 2019(10), 841-849

Considers whether exceptions to provisions of the Criminal Justice Act 2003 s.100 limiting the admissibility of bad character evidence in relation to non-defendants may be used by the defence to make misconduct allegations against a prosecution witne... Read More about A Credible Solution? Non-Defendant's Bad Character and Section 100 of the Criminal Justice Act 2003.

The Construction of Gender and Sexuality in the Approach of Key International Law Actors to the Circumcision of Children (2019)
Journal Article
Sandland, R. (2019). The Construction of Gender and Sexuality in the Approach of Key International Law Actors to the Circumcision of Children. Human Rights Law Review, 19(4), 617-647. https://doi.org/10.1093/hrlr/ngz030

This article analyses the approach of key international actors to the circumcision of children, seeking, first, to understand why the policy towards the circumcision or genital cutting of girls is so different from that towards boys. As part of this... Read More about The Construction of Gender and Sexuality in the Approach of Key International Law Actors to the Circumcision of Children.

Dealing with Non-cooperation at the icc: Towards a More Holistic Approach (2019)
Journal Article
Bekou, O. (2019). Dealing with Non-cooperation at the icc: Towards a More Holistic Approach. International Criminal Law Review, 19(6), 911-937. https://doi.org/10.1163/15718123-02002001

© 2019 by Koninklijke Brill NV, Leiden, The Netherlands. The article examines the legal and non-legal responses to tackling non-cooperation with requests issued by the International Criminal Court. Through an examination of the Rome Statute regime as... Read More about Dealing with Non-cooperation at the icc: Towards a More Holistic Approach.

Articulating future directions of law reform for compulsory mental health admission and treatment in Hong Kong (2019)
Journal Article
Cheung, D., Dunn, M., Fistein, E., Bartlett, P., Mcmillan, J., & Petersen, C. J. (2020). Articulating future directions of law reform for compulsory mental health admission and treatment in Hong Kong. International Journal of Law and Psychiatry, 68, 1-11. https://doi.org/10.1016/j.ijlp.2019.101513

This article explores and outlines four possible pathways for law reform in the area of compulsory mental health admission and treatment in Hong Kong: the (i) abolition, (ii) risk of harm, (iii) mental capacity and (iv) consensus pathways. The discus... Read More about Articulating future directions of law reform for compulsory mental health admission and treatment in Hong Kong.

Sharia Law in Europe? Legacies of the Ottoman Empire and the European Convention on Human Rights (2019)
Journal Article
McGoldrick, D. (2019). Sharia Law in Europe? Legacies of the Ottoman Empire and the European Convention on Human Rights. Oxford Journal of Law and Religion, 8(3), 517–566. https://doi.org/10.1093/ojlr/rwz026

In Western Thrace in Greece, a legacy of the Ottoman Empire survives in the form of religious law (Sharia). This article examines how international human rights law has approached the compatibility of such religious laws with modern human rights inst... Read More about Sharia Law in Europe? Legacies of the Ottoman Empire and the European Convention on Human Rights.

Construction and Execution of Trusts in Chancery, c. 1660-1750 (2019)
Journal Article
Foster, D. (2019). Construction and Execution of Trusts in Chancery, c. 1660-1750. Journal of Legal History, 40(3), 270-297. https://doi.org/10.1080/01440365.2019.1657673

Relatively little has been written about the detailed workings of the court of chancery after the restoration. Even less is known about the doctrines of the chancery in the eighteenth century. Yet social historians of this period have relied on legal... Read More about Construction and Execution of Trusts in Chancery, c. 1660-1750.

Thomas Wolf c. Richard de Abingdon,1293-1295: A Case Study of Legal Argument (2019)
Journal Article
White, S. B. (2020). Thomas Wolf c. Richard de Abingdon,1293-1295: A Case Study of Legal Argument. Journal of Ecclesiastical History, 71(1), 40-58. https://doi.org/10.1017/s0022046919001155

This essay examines the legal arguments in Wolf c. Abingdon, a tithes dispute from 1293-5 between the rector and the vicar of Aldington, Kent. The case records contain explicit citations to written law, a surprising find in a seemingly minor case. Th... Read More about Thomas Wolf c. Richard de Abingdon,1293-1295: A Case Study of Legal Argument.

The absence of choice of law in commercial contracts: problems and solutions (2019)
Journal Article
Beheshti, R. (2019). The absence of choice of law in commercial contracts: problems and solutions. Uniform Law Review, 24(3), 497-519. https://doi.org/10.1093/ulr/unz026

In a commercial contract with an arbitration clause, the parties may fail to determine any applicable law, in which case the arbitral tribunal is expected to identify the rules applicable to the merits of the dispute. A modern approach suggests that... Read More about The absence of choice of law in commercial contracts: problems and solutions.

Of rights and rescue: a curious confluence? (2019)
Journal Article
Frisby, S. (2020). Of rights and rescue: a curious confluence?. Journal of Corporate Law Studies, 20(1), 39-72. https://doi.org/10.1080/14735970.2019.1615165

This article considers the recent proposals for the reform of corporate rehabilitation procedures. It examines the impetus for reform, the main features of the proposals and the underlying corporate insolvency landscape in the UK. The article attempt... Read More about Of rights and rescue: a curious confluence?.