In this article, Harry Maunder explores the future of the penalty rule doctrine in England and Wales. This article analyses the contention surrounding the United Kingdom Supreme Court’s decision in Cavendish Square Holding BV v Makdessi: ParkingEye Ltd v Barry Beavis [2015], where the penalty rule was regarded as a haphazardly constructed edifice.
In this article, Jeremy Wong argues for the need to amend the Sexual Offences Act 2003 to enable a clearer, more objective conception of sexual consent that better protects human dignity.
In this article, Kit Lee explores the viability of Retention of Title clauses as tools for vendors to protect themselves in the event of the buyers’ insolvency.
In this article, Oskar Eyers explores the legal viability of enforcing fishing seasons in disputed territorial waters under customary international law and UN legislative frameworks.
In this article, Dr. Tat Chee Tsui and Mr. Chee Wai Terry Wong explore the presumed duty to save unrelated individuals under the common law “neighbour principle”.
In this article, Karishma Puri explores how competition and antitrust law is shaping the growth of technology and Big Tech through an analysis of Amazon’s corporate strategy.
In this article, Dara Foody critically evaluates the extent (if any) to which both The Fixed-term Parliaments Act 2011 and The Constitutional Reform Act 2005 have usurped the UK’s traditionally political constitution.
In this article, Joel Platt explores the successful embrace and adaptation of international human rights norms by the Moroccan feminist movement. This is a particularly interesting and under-researched topic because Morocco is an overwhelmingly Muslim country and Islam is widely posited as incompatible with women’s human rights. Therefore, the tactical approach of the Moroccan feminist movement may offer guidance and inspiration to similar movements across the Islamic world.
In this article, Rian Dhillon explores the doctrine of adverse possession in the context of the housing shortage. The first chapter sets out the current problems with housing and the ways in which land law enables absenteeism. The discussion of the doctrine itself in the second chapter focuses on the place of adverse possession within the LRA 2002 framework. The interesting part of the dissertation is the way in which it demonstrates how current practice on adverse possession is rooted in deeper land law concepts and how justifications for reform could be similarly rooted in existing principles. In summation, the dissertation provides an account of the current ideologies of adverse possession and proposes ways in which this could be redressed by drawing on international examples.
In this article, Christy O’Neil explores the use of Social Networking Sites (SNS) by children under thirteen through a constructivist lens, which will facilitate a child-centric evaluation of the impact of such platforms. This article will provide a fresh insight into the existing debate on the impact of SNSs, and, in answer to the question of whether the law should restrict children from using SNSs, demonstrate how the impact on children under thirteen is sufficiently alarming as to trigger the need for a restrictive legislative framework in England and Wales.
In this article, Nicole Convill explores assisted reproductive treatment, cross-border reproductive care and international surrogacy arrangements. Specifically, how the UK’s restrictive domestic legislation contributes to the problems intended parents, surrogates and children face when engaging in international surrogacy arrangements.
In this essay, Bhavya Kala and Jubin Malawat explore whether a state instrumentality can be held liable for the award debts of a state via reverse piercing and the interplay of the concept of reverse piercing and the concept of consent in arbitration.
In this essay, Pjotr Bonde evaluates the adequacy of the Arctic’s governance framework for offshore hydrocarbon exploitation in protecting its marine environment. He concludes that a regionally binding agreement regulating Arctic hydrocarbon exploration and exploitation is vital in avoiding an environmental crisis.'
In this essay, Aisha Rutherford concludes that the current regime is inadequate and the emergence of the fast-fashion industry has exasperated the need for reform. By increasing copyright protection American legislation would be more legally certain, effective and suitable, henceforth enabling the fashion industry to truly flourish.
In this essay, Zachary Salmon advocates for a new foundation for trusts of the family home disputes.
In this essay, Daniel Jukes highlights that political constitutionalism is the best method of organising decision-making power within a constitution. This is because political constitutionalism is the best way of promoting political equality which in turn fosters a greater sense of freedom and individual autonomy.
In this essay, Bryn Evans considers how the protection of Indigenous biocultural relationships through both a rights and knowledge framework can form the base for a more sustainable system for IEL.
In this essay, Oskar Polanski argues that international law should impose responsibilities on corporations that have been endowed with the benefits of legal personality. This is a response to the fact that we live in a world in which corporations are not only able to exert more influence than some countries but are also able to commit violations of human rights without being held to account.
Lily Wildman discusses the topic of perpetrators’ using their digital devices to record rape and sexual assaults. In this essay it is argued that there is a lacuna in criminal legislation, which requires the creation of a separate offence for recording sexual violence. This is because of the additional harm it causes to the victim and the difficulties associated with prosecuting sexual abuse cases in the first place.
In this essay, Clara McNeill discusses the threat of overfishing to marine ecosystems applying Hardin’s theory of the ‘Tragedy of the Commons’. This discussion argues that communities who assume ownership over natural resources can sustain populations and encourage longevity of the industry. In effect, although there is no perfect solution, intervention is required as it is impossible to regulate a global resource.
