Abstract This article aims to build a case in favour of the minority decision in the ICC’s Philippines judgment. The decision has been a source of contention amongst international law scholars, and various reasons have been provided for both a wide and restricted interpretation of Article 127 of the Rome Statute. This article aims to […]
Abstract This case note examines the New Zealand Supreme Court decision in Smith v Fonterra Co-Operative Group Ltd [2024] NZSC 5. It explores the broader relationship between tikanga Māori and common law, highlighting the legal uncertainty surrounding how – and to what extent – tikanga Māori should influence New Zealand common law, particularly in tort
Abstract This essay offers a fresh perspective on the interplay between international security measures and individual human rights by critically analysing the application of United Nations Security Council Resolution 1483 through the lens of the Al-Dulimi case. Many scholars have commented on this landmark case, drawing on parallels with the Kadi case. However, this note
Introduction In contentious maritime disputes, the International Court of Justice uses a ‘three-stage’ approach to delineate maritime boundaries. This comprises (a) the drawing of a provisional equidistance line; (b) a consideration of ‘relevant circumstances’ which call for the adjustment of this line to achieve an equitable result; and (c) the establishment of a disproportionality test
Abstract Despite heavy criticism, the ‘genuine link test’ for assessing the bindingness of a conferral of citizenship on third States, devised by the International Court of Justice in the 1955 case of Nottebohm, still influences the approaches to naturalisation worldwide. This article analyses the implications of the judgment in the age of unprecedented global mobility.
Reassessing Nottebohm in an Era of Global Mobility Read More »
In May 2021, the Dutch court of first instance in Milieudefensie v Royal Dutch Shell established a new private law obligation for a key carbon emitter: it must, through corporate policy, remove or prevent the serious risks of climate change.[1] In accordance with this obligation, Royal Dutch Shell – now renamed ‘Shell’ – was issued
Introduction David Hume (1711-1776) has been characterised as one of the most influential philosophers of the modern era. His writings, although most influential in philosophy, have also been applied to jurisprudence. This essay will apply some of Hume’s philosophical ideas to the doctrine of parliamentary sovereignty both in its orthodox and modern form. The focus
Abstract. This article explores Domestic Abuse (DA) law in England and Wales and attempts to redefine it to respond to the nascent issue of tech-facilitated abuse, with a particular focus on online abuse taking place in the context of Long-Distance Intimate Relationships (LDIRs). Firstly, we need to address the following two questions: ‘what makes violence, domestic
Greenwashing is defined as the behaviour of an organisation in portraying that they are doing more to protect the environment than they are in reality.[1] Given the growing awareness surrounding climate change and environmental issues, companies are increasingly highlighting their efforts in contributing to environmental solutions, leading to potential concerns of greenwashing. The UK government
On November 15, 2023, the Supreme Court of the United Kingdom (UKSC) held that the ‘Rwanda policy’ – the Secretary of State’s policy of redirecting people claiming asylum in the United Kingdom to Rwanda – was unlawful. An important factor in this decision was the finding that there was a real and substantial risk of
