2022

Two Steps Forward, Three Steps Back: GATT Article III:4 and proposals for reform

Leave a Comment / Aoife McCormick, International Law /

In 2020, the United States Trade Representative released a report on the WTO Appellate Body in which it criticised the Appellate Body’s approach to the non-discrimination standard under GATT Article III:4. The WTO dispute settlement bodies employ a two-step market based test. In its current form, the two-step model allegedly fails to strike an appropriate […]

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Are Smart Contracts Smart Enough? An Analysis through, and of, Good Faith and Freedom of Contract

Leave a Comment / Ipsa Yadav, Private Law /

ABSTRACT Contract law is rapidly evolving in synergy with new technologies. Concurrently, age-old debates remain unsolved: the desire to infuse an overt doctrine of good faith continues to clash with the English common law ethos of individualism and freedom of contract. Among contract law’s most recent and consequential developments, smart contracts may be viewed as

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Silent Lambs to the Slaughter: The Problem with the Current Law Allowing Adverse Inferences from the Accused’s Silence

1 Comment / Ananya Jain, Criminal Law, Popular Posts /

This article examines the provisions of the Criminal Justice and Public Order Act 1994 which allow the jury to draw adverse inferences from the accused’s silence in the police station and during trial proceedings. It argues that the current law does not account for possible innocent reasons for silence, creating the risk of wrongful convictions.

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Re-examining lawful act duress: Pakistan International v Times Travel

Leave a Comment / Allison Wu, Private Law /

The persistent difficulty bedevilling the doctrine of economic duress is how to draw the line between legitimate and illegitimate economic pressure. Pakistan International Airline Corporation v Times Travel (UK Ltd) is concerned with the doctrine of lawful act economic duress and seeks to provide an insight into how this line might be drawn. This article notes that Pakistan

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Spot the moderator in the crowd: An examination of the feasibility of a user-led moderation model in tackling disinformation on platforms

Leave a Comment / Genevieve Heng, Private Law /

This article examines the feasibility of a user-led moderation model (hereafter referred to as the ‘Model’) in tackling disinformation on platforms, and how it can be augmented to become the predominant tool in combating fake news. It is proposed that the model will serve as a preferable alternative to a future that is heavily reliant

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Protecting Human Rights through Tort Law – Lessons Learned from the American ‘Alien Tort Statute’

Leave a Comment / Private Law, Tai Shen Wong /

Introduction In October 2021, Justice Secretary Dominic Raab spoke of his (and his party’s) dissatisfaction with the state of human rights law in the UK, claiming that it was open to abuse by dangerous criminals seeking to ‘prevent [their] deportation’ in contravention of public interest.1 As such, he promised to ‘overhaul’ the existing Human Rights Act

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Sinkova v Ukraine: A Threat to Freedom of Expression in Democratic Society?

Leave a Comment / Amadea Hofmann, International Law /

Sinkova v Ukraine is an ECtHR case concerning Anna Sinkova’s conviction for frying eggs over the Eternal Flame at the Tomb of the Unknown Soldier in Ukraine. This article argues against the majority’s judgment that Sinkova’s Article 10 right to freedom of expression had not been violated, ultimately finding that it was based on deficient

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Lloyd v Google on Data Privacy Class Actions: Beginning of the End, End of the Beginning?

Leave a Comment / Angelina Pang, Private Law /

In 2021, the UK Supreme Court delivered a landmark judgment in Lloyd v Google LLC [2021] (‘Lloyd’), which concerns a claim issued by an individual on behalf of all of England and Wales’ iPhone users against Google for breach of data protection rights. This case note explores two key themes in the judgment, namely the

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The incorporation of the Genocide Convention in France and the UK: a grudging fight against impunity

1 Comment / Chakée Adjemian, Criminal Law, International Law /

Abstract The incorporation of an international convention into national law plays a central part in its effectiveness at the domestic level. This becomes increasingly crucial in the field of international crimes governed by the International Criminal Court (ICC), such as genocide, where States have primary jurisdiction for the prosecution of criminals. Without adequate legislation, States

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The Golden Mean: How the English Judiciary Failed to Balance Formalist and Realist Jurisprudence in the Development of Privacy Law

1 Comment / Private Law, Ritchard Ninov /

Abstract This article examines the relative roles of legal formalism and legal realism in the development of the English law of torts, with particular reference to the evolution of privacy protections as a case study. The common law is inherently mutable, and adherence to formalist principles is argued to be the key to striking a

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