All Outputs (436)

Decoration or mutilation? Female genital piercing and the law (2022)
Journal Article

This article assesses the legality of Female Genital Piercing (FGP), which refers to the piercing of female genitalia to adorn it with jewellery, for decoration or sexual enhancement. The position in the UK is uncertain because the World Health Organ... Read More about Decoration or mutilation? Female genital piercing and the law.

Legislative sovereignty: Moving from jurisprudence towards metaphysics (2022)
Journal Article

Legislative sovereignty is often discussed with one eye on the past and one eye on the procedural functions of law-making in the present. This limits the scope for a conceptual understanding of legislative sovereignty and hinders its theoretical prog... Read More about Legislative sovereignty: Moving from jurisprudence towards metaphysics.

Recapturing master recordings (2022)
Journal Article

Discusses proposals to grant musicians a right to recapture their copyrights in master recordings suggested by the Parliamentary Inquiry on the Economics of Music Streaming (2021). Reviews the US approach, the current UK position, and key difficultie... Read More about Recapturing master recordings.

One step forward, two steps back? Interpreting 'particular social group' in the European Union (2022)
Journal Article

The article tests the claim of feminist scholars that concerns about gender have been marginalised in refugee law, by exploring the interpretation given to the concept of a 'Particular Social Group' set out in the 1951 Refugee Convention. It is argue... Read More about One step forward, two steps back? Interpreting 'particular social group' in the European Union.

The rise of twiplomacy and the making of customary international law on social media (2022)
Journal Article

Social media usage by States has increased exponentially in recent years. This phenomenon, known as "twiplomacy", has become ubiquitous. Given that almost every State in the world now issues statements via social media, this article examines the pote... Read More about The rise of twiplomacy and the making of customary international law on social media.

The practice of pre-trial detention in England & Wales - Changing law and changing culture (2022)
Journal Article

Pre-trial detention empowers criminal courts to imprison defendants before they have been convicted of an offence. This is a significant power which should be subject to a rigourous decision-making process. A 2016 study of pre-trial detention practic... Read More about The practice of pre-trial detention in England & Wales - Changing law and changing culture.

Released under investigation: High time to bail out (2022)
Journal Article

Prior to the Policing and Crime Act 2017, the provision of bail was set out by the Bail Act and refined by the Police and Criminal Evidence Act 1984 (PACE). Bail provisions changed under the Policing and Crime Act 2017, which created a presumption ag... Read More about Released under investigation: High time to bail out.

Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information (2022)
Journal Article

Globally, enhanced data protection schemes are being introduced in the face of threats to privacy in the digital era. In England and Wales protection from one such threat – from unconsented-to disclosures of private information online - is covered by... Read More about Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information.

A case of trust‐building in the supply chain: Emerging economies perspective (2022)
Journal Article

The paper explores the process of trust-building between SMEs' supply chain partners in turbulent times in emerging economies. It focuses on the role of environmental information exchange in strengthening relationships and improving responsiveness to... Read More about A case of trust‐building in the supply chain: Emerging economies perspective.

Driving openness – the myths about data and software access in the data and cloud policy (2022)
Journal Article

Significance: This article responds to the highly controversial recently published Draft National Policy on Data and Cloud and the related stakeholder commentary from a cyberlaw perspective. Selected issues regarding the ownership of scientific data,... Read More about Driving openness – the myths about data and software access in the data and cloud policy.

A right to read object code – software copyright law and the development of a decompilation exception in South Africa (2021)
Journal Article

The opportunity to read and extract knowledge from a lawfully obtained copy of any published work is a cornerstone of copyright law, except in the case of computer programs. This article examines the development of an exception to copyright protectio... Read More about A right to read object code – software copyright law and the development of a decompilation exception in South Africa.

What are the merits of taking a hybrid regulatory approach towards the enforcement of corporate financial crime in the United Kingdom and United States of America? (2021)
Journal Article

This article focusses on the hybrid regulatory approaches used in both the USA and the UK for the enforcement of corporate financial crime. In particular, the article analyses the use of Deferred Prosecution Agreements, which typically impose a finan... Read More about What are the merits of taking a hybrid regulatory approach towards the enforcement of corporate financial crime in the United Kingdom and United States of America?.

What COVID-19 has taught us about social inequities and the urgent need for systemic change (2021)
Journal Article

This paper critically comments on the state of affairs in the UK relating to the pandemic and explores how a focus on inequities experienced by marginalized and vulnerable groups is necessary for exposing the material realties of everyday life, but a... Read More about What COVID-19 has taught us about social inequities and the urgent need for systemic change.

Case notes and comments: Secretary of state for the Home Department v OA [2021] EUECJ C-255/19 (2021)
Journal Article

Was quashing the Maji-Maji uprising genocide? An evaluation of Germany's conduct through the lens of international criminal law (2021)
Journal Article

Recently, political actors in Tanzania have demanded compensation from Germany for colonial atrocities against various ethnic and religious groups during the Maji-Maji uprising (1905-1907). By analyzing first-hand archival records from Germany and Ta... Read More about Was quashing the Maji-Maji uprising genocide? An evaluation of Germany's conduct through the lens of international criminal law.

A definition of habit for socio-economics (2021)
Journal Article

The paper argues that it is a mistake to define habit as behaviour or action; as a regular conjunction of actions; as a stock; as a form of automaticity (although habit is acquired and activated automatically); as a tendency, propensity or dispositio... Read More about A definition of habit for socio-economics.

How transnationally effective are the UK migration policies in relation to missing migrants? A transnational law perspective (2021)
Journal Article

All over the world, several thousands of migrants go missing when they attempt to flee from war, violence, persecution, repressive regimes, systematic human rights violations etc. Thousands die each year in deadly shipwrecks in a desperate attempt to... Read More about How transnationally effective are the UK migration policies in relation to missing migrants? A transnational law perspective.

A lesser bigotry? The UK conservative evangelical response to Stephen Sizer's antisemitism (2021)
Journal Article

Jewish commentators frequently lament that antisemitism is seen as a "lesser bigotry" by those claiming to oppose racism. This article argues that the response of British conservative evangelical Christians to the antisemitic activity of Rev. Dr. Ste... Read More about A lesser bigotry? The UK conservative evangelical response to Stephen Sizer's antisemitism.

Transformative governance of biodiversity: Insights for sustainable development (2021)
Journal Article

While there is much debate on transformative change among academics and policymakers, the discussion on how to govern such change is still in its infancy. This article argues that transformative governance is needed to enable the transformative chang... Read More about Transformative governance of biodiversity: Insights for sustainable development.

The first successful claim against the French State for failure to honour its obligation to combat global warming – Paris administrative court’s judgment of 3 February 2021 on climate change: The case of the century, or is it? (2021)
Journal Article

On 3 February 2021, the administrative court of Paris delivered its first judgment in a very publicised climate litigation case nicknamed the case of the century by the applicant associations. While this judgment is novel in so far as the court recog... Read More about The first successful claim against the French State for failure to honour its obligation to combat global warming – Paris administrative court’s judgment of 3 February 2021 on climate change: The case of the century, or is it?.