Lokesh Vyas[1] & Umang Sethi[2], Introduction If creativity is a field, copyright is the fence.[3] Oswald’s aphorism makes sense when read in light of the recent trend of abolishing monopoly from Intellectual Property (IP) rights. Here, monopoly signifies the exclusive rights given to the creators. The advent of social media and the internet has started… More The Future of Intellectual Property Rights – an End to Monopoly?

Ching-Lun (Al) Liu Article II Militant Democracy and Taiwan  The previous post has elucidated the controversies surrounding the concept of militant democracy as well as its practices in Germany – where the notion was first developed. As a relatively young democracy not dissimilar to Germany in the 1930s, Taiwan faces challenges of potentially subversive parties… More Militant Democracy vis-à-vis external threat: a case study of Taiwan (Article II)

Ching-Lun (Al) Liu Abstract Coined by Karl Löwenstein, militant democracy refers to the notion of a democracy being authorised to pre-emptively restrict the exercise of certain civil liberties in order to protect the ‘free and liberal democratic order’. Often taken in forms of party proscription and restraints on freedom of speech, the concept was first… More Militant Democracy vis-à-vis external threat: a case study of Taiwan (Article I)

Jochelle Greaves Siew   Introduction The guarantee of free movement of goods[1] within the European Union (EU) is the result of several core safeguards. One of which is the prohibition of quantitative restrictions (QRs) or measures having equivalent effects (MEEs)[2] in trade between Member States (MS). Scotch Whisky Association and Others[3] is a significant decision… More Case Note: C-333/14 Scotch Whisky Association and Others v Lord Advocate and Advocate General for Scotland [2016] 2 C.M.L.R. 27 – Jochelle Greaves Siew

Sumit Chatterjee   In Soapy’s opinion, the Law was more benign than Philanthropy. There was an endless round of institutions, municipal and eleemosynary, on which he might set out and receive lodging and food accordant with the simple life. [..] If not in coin you must pay in humiliation of spirit for every benefit received… More A Rights Based Approach Towards Managing Homelessness: Why Martin v City of Boise is a Step in the Right Direction – Sumit Chatterjee

Martin Kwan   Introduction There is an increasingly common marital phenomenon being experienced in Hong Kong in which married couples are forced to live separately. Due to financial difficulties and high property prices, couples are forced to remain living with their respective parents, rather than together.[1] Where divorce is concerned, this situation may present difficulties… More ‘We are married, but we cannot afford to live together’: Exploring the legal implications of this marital phenomenon in Hong Kong – Martin Kwan

Tasneem Ghazi   In literature and popular culture alike, one is sometimes exposed to the portrayal of lawyers as deceivers and master manipulators. This cliché is notoriously embodied by the Shakespearean quote: ‘The first thing we do, let’s kill all the lawyers’.[1]Today, this sentiment extends beyond a stereotype of lawyers – it is also inextricably… More  ‘Kill All the Lawyers’ – Examining Public Distrust of the English Legal System

Andreas Giannakopoulos   In Playboy Club London Ltd v Banca Nazionale del Lavoro SpA,[1]the Supreme Court was asked to revisit the principles underlying liability in negligence for pure economic loss. The case raised the question of whether a bank owed a duty of care to an undisclosed principal in supplying a credit reference. The Supreme Court answered… More Playboy Club London Ltd v Banca Nazionale del Lavoro SpA [2018] UKSC 43

Malcolm Wu   In 2011, an ambitious Common Consolidated Corporate Tax Base (CCCTB) directive was proposed by the European Commission. The directive sought to harmonise the 28 different corporate tax codes of the Member States into one set of corporate tax rules, while retaining the right of Member States to set their own national tax… More Is the EU finally ready for a Common Consolidated Corporate Tax Base?

By Tom Gilchrist   Introduction Legal problems pertaining to divorce have recently resurfaced into the public spotlight following the case of Owens v Owens [2018] UKSC 41. Mrs Owens married Mr Owens in 1978 and had two children, both of whom were adults when Mrs Owens petitioned for divorce in May 2015. Her petition fell… More Your fault, my fault, our fault, no fault? English fault-based divorce, current proposals and the alternative New Zealand model