Human rights play a key role in the determination of criminal law. And as an EU citizen, you are free to move and cross borders. But, would criminal proceedings be initiated against you, are your rights the same wherever you are? Do you always get a translation of the proceedings initiated against you in another… More New Directives on Defence Rights in the EU: Towards Progress?
I. Introduction: The Intentionalist Position* Richard Posner, noted that: “[A Judge], should try to think his way as best he can into the minds of the enacting legislators and imagine how they would have wanted the statute applied to the case at bar.”[1]This position advocates that a Judge must interpret statutes bearing in mind the… More Criticising the Use of Original Intent in Judicial Decision Making: An Application of Dworkin and American Legal Realism
Introduction There is no express provision guaranteeing the right to reputation in the European Convention on Human Rights (ECHR). If there was such a right, at first sight, it would be protected by Article 8, which enshrines the right to respect of private and family life. The Universal Declaration of Human Rights (UDHR), from which… More The Right to Reputation: a European human right?
Abstract (click to view) Conscientious objection has had a complicated history, and its legal position within both international and domestic systems remains far from concrete. This paper examines the recognition of a ‘right’ to conscientious objection within these frameworks, and notes that recent progressive developments in the international realm have increasingly supported the idea of conscientious… More Asylum for Refusing to Fight: Charting the Development Towards the Right to Conscientious Objection, Amy F. W. Corcoran
Abstract (click to view) English solvent Schemes of Arrangement under the Part 26 of the Companies Act 2006 have proved to be a valid restructuring device for non-English companies. Since 2010 for example four German companies, Tele Columbus GmbH, Rodenstock GmbH, Primacom GmbH and Monier Group Services GmbH, which were all financially distressed but solvent,… More Recognition of English solvent Schemes of Arrangement in Germany, Arthur Swierczok
Abstract (click to view) This article attempts to strike a balance between the need of pharmaceutical companies to stay profitable and the need of developing countries to access life-saving medicines. It is proposed that this balance can be achieved by applying a utilitarian approach to patent law, taking into consideration how best to maximise… More Maximising Utility: Applying Utilitarian Theory to International Patent Law, Emma Perot
Abstract (click to view) Human rights are universal; this is the precedent upon which all human rights discourse is based. Yet over the years, as international human rights law has developed, the rights of certain groups have been awarded particular attention and protection. Children are a particularly interesting group as there is unprecedented and unmatched… More Do Children Require Special Protection Under International Human Rights Law?, Fiona Orr
Abstract (click to view) Freedom of speech/expression is a legal principle central to any democratic society. However, it is argued in this paper that, in cases which implicate the law governing homophobic communications, deference to that principle is not always a favourable approach; despite its embedment in the ideology of democracy. A case study involving… More Freedom of Speech: A Pernicious Shroud for Homophobia, Conor McCormick
Abstract (click to view) ‘Ownership is a bundle of rights.’ That maxim is often repeated and as often denied. It has formed the central focus of debates about the meaning of ownership for decades. That focus has meant even its critics tend to define ownership in one way or another as the maximal set of… More Ownership as Authority, Dan Fuller
Introduction The financial crisis had an huge impact not only on the economic system of EU Member States, but also on their legal framework, even if this aspect of it is usually unnoticed. The labour law field is one of the sector that has been stricken the most by the legal changes required to boost… More The lack of an effective remedy: how the Italian reform of dismissal breaches the EU Charter