All in Volume VI - 2020

Making American Fashion Great Again – Does the Law Need Reform? An Enquiry Into the State of Intellectual Property Rights in American Fashion Law

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.

Slow and Steady: International Law’s Gradual Recognition of Corporate Accountability

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.

"The cold penetrating gaze of the camera lens is, in effect, like a double rape." Technology-Facilitated Sexual Violence: Legislative and Judicial Responses to this "Pernicious New Habit"

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.

Go Fish! A Critical Assessment of G. Hardin's 'Tragedy of the Commons' Application to the Fishing Industry

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.

Balancing Legitimate Expectations and Regulatory Freedom under Article 10(1) Energy Charter Treaty: Lessons from the Green Energy Tribunals

In this essay, Rahul Wijewardane explores the rising prominence of the climate change objectives and the green agenda that has given new impetus for re-examining the balance struck between investor’s interests and the regulatory right of states. This dissertation undertakes a case-study of the current balance between investor interest and state regulatory freedom in investment protective standards.

A Critical Evaluation of ECHR Article 9 Jurisprudence: Selective Protection of Identity?

In this essay, Lucy Heenan considers Article 9 jurisprudence of the European Court of Human Rights. This dissertation argues that the European Court of Human Rights has selectively protected religious identity in Europe. It analyses how the Court has exercised differential treatment of the protection of the Muslim veil and the display and wearing of Christian symbols in the case law.

Critically analyse Angela Harris’ discussion of feminism and essentialism in her article “Race and Essentialism in Feminist Legal Theory.”

In this essay, Alice Williams has sought to highlight how Angela Harris’ rejection of essentialism is based upon an assumption that essentialism may only manifest itself in one format. Harris fails to recognise that soft essentialism exists, despite the similarities it has with her own theory of multiple consciousness.