Introduction From driverless cars and genetic programming to 3D printing and surgical robots, artificial intelligence (AI) has permeated our lives in extensive ways and is emerging as one of the most revolutionary technologies of the twenty-first century. Yet, as with all new technologies, issues arise over legal regulation, one of which concerns copyright protection. As […]
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.
Abstract When one considers arbitration in the context of climate change, investment arbitration often comes to mind. However, this article proposes to take a step back and ponder if commercial arbitration also has a role to play in this fight. In order to ascertain the role (if any) that this private dispute resolution mechanism can
Inspired by a recent proposal by legal experts in June 2021 to introduce a new international crime of ecocide, this article argues that a new International Environmental Criminal Court (IECC) should be established to specifically handle ecocide cases. It explains why ecocide attains a better balance between feasibility, viability, and desirability compared with other possible
Prosecuting Ecocide via a New International Environmental Criminal Court Read More »
Abstract This article analyses the principle of Common but Differentiated Responsibility (CBDR), one of the guiding principles regulating the international rules and standards related to climate change, enshrined in the legal framework of the United Nations Framework Convention on Climate Change (UNFCCC). CBDR establishes that all states are responsible for addressing global environmental destruction, but
Common But Differentiated Responsibilities: Inequitable and Ineffective? Read More »
Abstract Have you ever wondered how ‘West Side Story’ might have been resolved in the English courts? In such cases of gang violence, the area of complicity governs the typical situation where the accused (the ‘Accessory’) did not commit the crime but assisted or encouraged the principal offender to do so. This note analyses the
Jogee and ‘West Side Story’- Still Unresolved Endings? Read More »
INTRODUCTION Western countries take pride in their orderly constitutional systems which reflect their aspirations to respect human rights and the rule of law (“RoL”). However, when considering the actual meaning and intended genuine effect of the RoL, the concept actually generates more confusion than its inconclusive terminology suggests. Situating the concept of the RoL in
Rethinking the concept of the Rule of Law in Modern Britain Read More »
To right a private wrong, causation is generally established between the tortfeasor’s negligent act and claimant’s injury. However, on occasion, the evidence will be such that a causal link is difficult or even impossible to prove by the traditional approach. Material contribution has emerged in tort law to attempt to impose liability where causation is
Material contribution: bridging the evidentiary gap Read More »
Introduction What is more exciting than a legal tirade between two of the most prominent English judges? Contractual interpretation is the bread-and-butter work of the commercial courts. Whilst it does not attract huge attention in an undergraduate contract law syllabus, its paramount importance in commercial contracting certainly deserves the ink spilled by the duo. In
Hoffmann vs Sumption – Reconciling the battle on contractual interpretation? Read More »
Case note: Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 A. Introduction The law of easement, a seemingly dry and technical aspect of land law, has been rejuvenated in the recent UKSC case of Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd.1 Much of the confusion surrounding the law is attributed to the archaic
Creating easements with ease: Re Ellenborough Park test revisited Read More »
