Introduction Land is a central component of all indigenous lifestyles, practices, and cultures. As such, it is integrated into “all basic definitions of indigeneity” as “the permanent attachment of a group of people to a fixed area of land in a way that marks them as culturally distinct”.1 Historically, land has been the critical interface that […]
Introduction BTI 2014 LLC v Sequana SA1 provides the first principled justification of the creditor-regarding duty of company directors in the vicinity of insolvency.2 Said duty, deriving from common law,3 was articulated for the first time in the 1987 West Mercia Safetywater4 ruling by the UK Court of Appeal, which was itself influenced by the earlier ruling in Kinsela5 by the
The Creditor-Regarding Duty after Sequana: Are its Mechanics Fit for Purpose? Read More »
Introduction Article 101 TFEU prohibits anti-competitive agreements ‘which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market.’1 The extensive case law on the meaning of ‘by object’ violations has generated a relatively clear definition of the term, including instances
Case C-211/22 Super Bock and the Inevitable End of Formalism Under Article 101 TFEU 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 »
