This article looks at a comparative study between Québec and Scotland legal frameworks regarding land protection and will underline what each location could learn from the other, to improve land protection.
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Chloe Shields provides a detailed analysis into the judgement of Hill of Rubislaw (Q Seven) Ltd v Rubislaw Quarry Aberdeen Ltd and observes the implications of the decision on future cases...
In this article, Anna Owens analyses the requirements for the grant of a European Account Preservation Order with reference to the equivalent rules in Scotland.
Anna Hill explores the detailed theories of Jean-Jacques Roseau's property right by analysing 'The Social Contract' and 'The Second Discourse'. Contradictions between the two writings are discussed through this article...
Chloe Shields explores the longstanding controversy surrounding the issue of dispensing with parental consent to adoption, and also provides an analysis into the recent case of X v Y.
Anna Falconer discusses the ongoing debate concerning the effectiveness of the Human Rights Act and looks at whether or not it remains the most appropriate human rights protection legislation for this day and age.
In this article, Sarah Hassall assesses whether the case of Bolitho v City and Hackney Health Authority, is the foundation for the ‘veto power’ over medical opinion and whether the true origin of this power affects the impact Bolitho has had on the standard of care.
In a global market, mergers and concentrations involving foreign companies could extend the anti-competitive effects to other part of the world outside where they originate.
In a global market, mergers and concentrations involving foreign companies could extend the anti-competitive effects to other part of the world outside where they originate. To tackle these effects, competition law regimes tend to assert jurisdiction extraterritorially. America is the first country to establish the ‘effects doctrine’ to extend its jurisdiction to the concentration involving foreign companies. Similar to US, EU hold that the European Merger Regulation is applied extraterritorially when the merger is above a certain threshold. This approach could be beneficial to the interests of domestic industries and consumers as it could prevent the potential anti-competitive harm caused by the concentrations. However, it could cause legal conflicts between different regimes, and bring uncertainty to and increase financial and staff costs of foreign companies.
In the article, Zongjin Li seeks to identify the advantages and disadvantages of assertion of extraterritorial jurisdiction on merger control. A further aim of this essay is to give possible suggestions to decrease the legal conflicts between different regimes and the costs of multiple notifications. For these purposes, firstly, the legislations and legal practice of US and EU will be introduced, then the benefits and problems of extraterritorial assertion of jurisdiction on merger cases are demonstrated, and then possible suggestions are proposed. Finally, a conclusion will be given.
Article 10 ECHR's right to freedom of expression and defending the client. What rights do solicitors have?
Past president of GULS, Ali Cooper, analyses the development of Freedom of Expression in relation to lawyers by reference to the Grand Chamber judgement of Moris v France...
The New Paradigm for Fairer Taxation of Multinational Enterprises in the European Union: Corporate Tax Avoidance and the Need for Greater Transparency
John Gillespie, 4th Year LLB, discusses the need for greater transparency regarding corporate tax avoidance and the new paradigm for fairer taxation of multinational enterprises in the European Union.
Since 2014, there has been unprecedented growth in ownership of 'drones' which were developed for the military, the technology has been adapted for leisure and commercial use. The largest growth sector has been in small drones for leisure use. Models for civilian use are readily available, increasingly inexpensive, and often include a camera or other recording facilities.The capability of the aircraft is almost limitless, depending on what technology has been loaded on to it, offering numerous opportunities for commercial use. The European Commission intends to develop the sector, in light of the rapid growth of the industry in the United States.
While the growth of the market may be seen to be a priority, in this article Salome Nilsson considers whether provisions adopted sufficiently protect the privacy of individuals, or whether changes to legislation are required.
“Human rights are not luxuries we enjoy in times of prosperity and abundance, but inalienable entitlements which should be exercised everywhere by all members of the human family.”
In this article Firouzeh Mitchell, 4th Year LLB, considers whether the protections afforded by international human rights frameworks are a luxury only affordable by wealthy nations.
Written by Rachel Murphy, who spent her third year at Sciences Po in Paris studying in English.
No more six pack: The effect of the Enterprise and Regulatory Reform Act 2013 on workplace accident claims and civil liability of employers.
Section 69 of the Enterprise and Regulatory Reform Act 2013 was a drastic change to health and safety law in the United Kingdom, by removing civil liability for breaches of health and safety regulations where not provided for: significantly, impacting the key 'six-pack' heath and safety regulations often relied upon.
In this article Iain Brown, 4th Year LLB and GULS Media & Publicity Convenor 2015/16, considers the effect the 2013 Act will have on the viability of workplace accident claims and the civil liability of employers.
What’s in a name? - A critique of the Japanese Supreme Court’s surname ruling from a feminist jurisprudential perspective
In December 2015, the Japanese Supreme Court upheld the constitutionality of a controversial Civil Code provision requiring married couples to use the same surname in official matters. This decision has been highly criticised, especially by women's rights groups, as the matter is contentious in Japan, with opponents calling it an infringement of women's fundamental rights and conservatives regarding shared names as a central pillar of the family unit. In this article, Julia Bambach critiques the decision from a feminist jurisprudential perspective.
The Extent to Which the US and the EU assert Jurisdiction over Mergers Involving ‘Foreign’ Companies
Merger control is an important element of the regulation of competition and market structures, and mergers of transnational companies are often reviewed by multiple authorities as a result of globalisation.
In this article, Patricia Einfeldt considers the extent to which the United States and the European Union assert jurisdiction ofver mergers inovling 'foreign' companies.
Military commanders are regarded to have responsibility for their soldiers and thus assume accountability for their actions - they can therefore be punished for crimes committed by soldiers. The question raised is whether a superior can be held responsible for the actions of a soldier which he had no actual knowledge of.
In this article, Joshua Harvey seeks to answer the question: what is the mens rea of command responsibility.
Advantages and disadvantages of the declaratory and the constitutive ‘theories’ of recognition from the point of view of an aspirant statal entity
This article by Florian Bergamin considers the comparative advantages and disadvantages of the declaratory and constitutive 'theories' of recognition from the point of view of an aspirant statal entry in international law.
An Analysis of the scope of reform of Freedom of Information legislation in Scotland and the rest of the UK
In this article, Christopher Lewis-Laverty, Diploma in Legal Practice Student and Editor-in-Chief of the Law Review, discusses the scope of reform of freedom of information legislation both in Scotland and the rest of the United Kingdom.
This article by Connor McBain considers the manner in which international lawyers discuss competing legal positions in disputes concerning sovereignty and statehood. It utilises legal realism and critical legal studies to highlight several contradictions that undermine existing means of discussing statehood. This is done to demonstrate two things: first, aspirant statal entries are excluded from access to legal remedies; and second, aspirant statal entries cannot defend their own claims to statehood through recourse to law.
Aristi Zaimi, a Postgraduate student studying International Commercial Law, analyses the extra-territorial jurisdiction under both European Union and Chinese merger control regimes, providing a comparative outlook of the two legal systems.
Despite the introduction of equal pay legislation and changing attitudes to the role of women in society, the United Kingdom remains one of the highest ranking nations in terms of gender pay gap in the European Union. This is a stark reminder of how far the movement for achieving pay equality is yet to go.
In this article, Lamia Lamki, 4th Year LLB, discusses the causes of pay inequality and whether the future introduction of transparency regulations are enough to meet this aim.
Firouzeh Mitchell, a 4th Year LLB student, examines whether human trafficking is a crime under the ICC.
The Scottish Law Commission in para. 3.9 of their Report on Land Registration (No. 222 of 2010) noted that with the introduction of ‘Advance Notices’: “As well as appealing to conveyancers, the system should benefit their clients...”
The Scottish Law Commission in para 3.9 of their Report on Land Registration (No. 222 of 2010) noted that with the introduction of 'Advance Notices': "As well as appealing to conveyancers, the system should benefit their clients..."
In this article, Evan Crainie critically examines these comments against the former practice of granting letters of obligation, the case law in Burnett's Trustee v Grainger and Sharp v Thomson, and in light of the Land Registration etc. (Scotland) Act 2012.
An examination of Political constitutionalism being the dominant model for Westminster governance, whilst devolved governance is determined by legal constitutionalism
Within the current Westminster government, there have been vocal and much publicised concerns over the sovereignty of the Westminster Parliament. Some believe that the judiciary, both at the EU and the Council of Europe level, are encroaching on the Parliament's legislative authority. They subscribe to the view that political constitutionalism, as the classic model of Westminster governance, is under threat from the legal constitutionalism model which asserts the primacy of the judiciary.
In this article, John Henton argues that, with specific reference to both the European Communities Act 1972 and the Human Rights Act 1998, that political constitutionalsim remains the dominant model for Westminster governance while devolved governance is determined by legal constitutionalism.