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Open AccessWhy Metaphysics Matters: The Case of Property Law
Are property rights absolute? This paper attempts to reframe this question by drawing on insights from the field of social ontology. My main claim is that, even if we accept the most extreme view of the absolu...
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Chapter
Sustainability and Intellectual Property in United Kingdom
Intellectual property (‘IP’) currently plays a strong role in sustainability, although its relationship with, and impact on, environmental, social and economic factors could be strengthened further. For exampl...
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“Schweppes”
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Ownership of a trademark arises only from the validity of its registration, irrespective of whether the owner...
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Form and Flexibility: The Normalisation of ‘Magnitsky Sanctions’ in the Face of the Rule of Law
So-called ‘Magnitsky laws’ in various jurisdictions are turning unilateral sanctions into normalised instruments for the international promotion of the rule of law. However, the considerable regulatory and exe...
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Reference Work Entry In depth
Social Epistemology
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Living Reference Work Entry In depth
Social Epistemology
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Living Reference Work Entry In depth
Fundamental Rights: African Charter
With a gruesome past and a history tainted with acts of slavery, barbarism, and exploitation championed by the European colonization and imperialism in Africa, a landmark statement to instill and ensure the re...
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Living Reference Work Entry In depth
Human Rights: African Court
The African Court on Human and Peoples’ Rights was created to complement the protective mandate of the African Commission on Human Rights and Peoples’ Rights.
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e-Evidence Digital Exchange System (eEDES)
On the 9th of June 2016, the Justice Home Affairs Council adopted conclusions on improving criminal justice in cyberspace. In these conclusions, the Council requested from the Commission the creation of “a sec...
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Living Reference Work Entry In depth
Human Rights: African Commission
The African Commission of Human and Peoples’ Rights is among the pioneer mechanisms for the protection of human rights in Africa. It is the first institution established under the auspices of the Organization ...
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Case: Non-compliance at Fokker Services
From late 2005 through to late 2010, Fokker Services BV (FSBV) failed to comply with the economic sanctions the United States (US) Government had established against Iran and Sudan. By scanning the case, viola...
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UN Security Council Sanctions and International Peace and Security: Context, Controversies and (Legal) Challenges
The focus of this chapter is UN Security Council sanctions; that is, coercive measures short of the use of military force taken under Article 41 of the UN Charter. Since the late 1990s, the Council has undergo...
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The Rana Plaza Collapse and the Case for Enforceable Agreements with Apparel Brands
Disasters like the Rana Plaza collapse and the Tazreen Fashions and Ali Enterprises fires painfully demonstrate the limits of conventional models of labour regulation in global supply chains. Buyer-driven mark...
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Biobanking Across Europe Post-GDPR: A Deliberately Fragmented Landscape
This chapter seeks to provide insight into the ways in which Member States leveraged the regulatory discretion afforded to them by the GDPR. Specifically, it reviews the biobank regulatory environment; whether...
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Effective Command and Control in United Nations Peace Operations
This chapter discusses effective command and control in United Nations peace operations from four distinct perspectives. In the first section, the incidents in Bukavu, Democratic Republic of Congo (2004) and J...
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For an Independent Development of the CISG Beyond Article 7 (2): A Stocktake and a Proposal
The 40th anniversary of the Convention on Contracts for the International Sale of Goods (CISG) is an occasion to celebrate the remarkable success of the Convention that is approaching the symbolic number of 10...
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Article
Open AccessChallenging the call: Should sports governing bodies be subject to judicial review?
English law is settled in its view that Sports Governing Bodies (“SGBs”) are not amenable to judicial review, following the Court of Appeal decision in R v Disciplinary Committee of the Jockey Club, ex p Aga Khan
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Why Inconclusiveness is a Problem for Public Reason
Most theorists of public reason, including both its proponents and critics, now accept that it is inconclusive, meaning that its correct application can result in a plurality of reasonable solutions to the iss...
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Tunisia
This study seeks to analyze the Tunisian legal rules that govern filiation and the child’s relationship with his or her family, as well as the status and protection of parentless children. In line with Islamic...
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Article
Improving the validity and reliability of authentic assessment in seafarer education and training: a conceptual and practical framework to enhance resulting assessment outcomes
Past literature on authentic assessment suggests that it provides a far more reliable and valid indicator of outcomes such as higher student engagement, ability to transfer skills to different contexts, multip...
