Economy and Business (Books and Journals)
- Offshore Commercial Law in Bermuda - 2nd Edition by: Wildy Simmonds & Hill, 2018
- Financial Management (UK) From No. 2000, December 2000 to No. 2015, February - February 2015 Chartered Institute of Management Accountants (CIMA), 2009
- Aesthetics of Law and Culture: Texts, Images, Screens by: Emerald Group Publishing Limited, 2004
Determining A Comprehensive Test for Defining a Ship
A ship is one of the core elements of the maritime industry. However, the international maritime industry and academia do not agree upon a single, universal definition of this term. International conventions like the UNCLOS are silent about this definition, while others give a very purposive definition incapable of universal application. Similarly, a study of the English jurisprudence related to...
An analysis of the one breach, two kinds of loss scenario in terms of the demurrage
Demurrage is liquidated damage stipulated in the voyage charterparty for compensating the shipowner if the charterer failed to complete cargo operation within the laytime. However, when the charterer's failing to load or discharge in time causes loss other than the detention, what damages demurrage can compensate is in dispute. In the case Eternal Bliss, 72 Andrew Baker J, the High Court judge,...
- Long-term Property Relationships: Evaluating the utility of learning from Relational Contract Theory
- The insurer should be liable for any losses suffered by the assured after scratching an MRC/Slip, A discussion
Defining Genocide: how the crime without a name became the 'crime of crimes
This article sets out the nature, history and convoluted structure of the crime of genocide, by providing a comprehensive analysis of how genocide has been defined within international law. The Nuremberg Trials demonstrated the need for a new international crime to comprehend the gravity of the acts perpetrated by the Nazi regime. However, the enactment of the Genocide Convention created tension...
The Impact of the International Criminal Court's Juridical Context and Jurisdiction on its Ability to Effectively Deter the Crime of Aggression
International law is not bound by statutes, making it a fragmented legal framework rather than a unified code. It operates on the principle of state cooperation in upholding justice in good faith. This article aims to explore the judicial challenges that the ICC encounters in effectively deterring the Crime of Aggression, while also addressing broader structural limitations within the...
Weak and Strong-Form Review: The Incurable Judicial Mistake of Striking Down and Refusing to Recognise Primary Legislation
This paper covers the deplorability of the strong-form version of judicial review, focusing on both the commonwealth and American jurisdictions, engaging a critical analysis of the action of judges striking down or refusing to recognise politically legitimately enacted primary legislation. That perspective is in aid of endorsing its counterpart system, the weak-form version of judicial review,...
Battery Powered? - The Need for Reform of Common Assault
The law on common assault and battery remains inexplicably detached from the major offences against the person and indeed requires serious reform to ensure that the law on common assault is suitable as the criminal law evolves over time. This article details the compelling case for legal reform on common assault and why procrastination over change is no longer acceptable. Firstly, the article...
A Review on International Organisations' Action and Influence on Environmental Law when Addressing an Environmental Problem
The influence on environmental law is of interest and relevance due to the effects of climate change which is seen throughout the world. It is unclear from research if the organisations which were directly created to tackle climate change, have achieved their aims or influenced environmental legislation and policies globally. Using peerreviewed journals and government documentation, the...
A Better Politics of Crime? A Critical Analysis of the Argument for Insulating Penal Policy from Political Contention
Since the end of the 20th century, penal populism has been on the rise. This rise has resulted in most major political parties in western countries adopting a tough approach to crime to maintain their popularity with the electorate. This ‘penal arms race’ between major parties results in impractical and draconian criminal justice policy, which has the disastrous effect of overcrowding an already...
A Critical Evaluation on the Extent to Which 'Certainty of Outcome' and 'Proportionately of Outcome are Two Conflicting Concepts in the Development of the Three Categories of Promissory Term
This paper explores the conceptional tension between certainty of outcome and proportionality of outcome. One school of thought, hereafter ‘traditionalism’, argues that both notions are fundamentally conflicting policy objectives - viewed traditionally, certainty refers to the nature of the provision, whereas proportionality focuses on the consequences. The former risks rigid application, the...
Clauses 'Defining the Risk as a Whole' and 'Risk Mitigation' Clauses under Section 11 of the Insurance Act 2015: The Shifting Tide of Crewing Warranties in Marine Insurance
As I was investigating the complexities and ambiguities arising out of Section 11 of the Insurance Act 2015, I did realize that the challenge of identifying which term qualifies as a term "defining the risk as a whole" and as a "riskmitigation" term, calls for an intensive assessment of the purpose of a clause. I did spot such an intensive assessment also in the construction of crewing warranties.
Transitional Justice: To what Extent does Trinidadian Law Regarding Capital Punishment for Murder Continue to be Hindered from Progress on Account of British Colonialism, Inciting the Need for Legal Reform?
This dissertation assesses the extent to which Trinidadian law regarding the mandatory death penalty for murder, section 4 of the Offences Against the Person Act 1925, is impeded from advancing due to the colonial residue that is inculcated in the constitution. Thereafter, the question is prompted whether legal reform is necessary. It argues that on account of the ‘savings clause’1 that is imbued
Big Tech Companies' Unprecedented Success and the Abuse of Dominance in the EU and the US: A Comparative Analysis
Tech giants such as Google, Facebook and Amazon are known for acting in an anti-competitive manner in the EU and across the world. Even though they have been heard in court, and consequently, were obliged to pay large sums of money, it has not proven to better their commercial practices substantially. Therefore, I intend to research the abuse of dominance by tech giants within the EU and explore...
A Necessary Piece of Judicial Theatre? Challenges Facing the Architects of the Nuremberg Trials in Creating a Cohesive Ideal of Justice
In October of 1945, the chief prosecutors of the International Military Tribunal in Nuremberg indicted 24 leading Nazi officials with three crimes as defined in the Nuremberg Charter: Crimes against peace, war crimes, and crimes against humanity. This paper explores the legality and moral legitimacy of the trials at the International Military Tribunal, in conjunction with the insurmountable...
Wise Contract and Claim Management
To prevent or minimize disputes, all parties must learn to communicate – talk to each other, listen to each other, understand each other's views and positions. Effective communication will go a long way towards preventing misunderstandings, disagreements and conflict. Late notices of claims, or no notices at all, run the risk of claims being rejected on a ‘time bar' basis, whether such rejections
- Preliminary Sections
- A Tribute to Stephen Hepburn
- Foreword by Husam Gawish
Managing Construction Projects to Prevent Disputes
All parties to a construction project should have the same goal: to execute and complete the works to a high standard, on time and within budget. If these goals, these common objectives, are achieved, disputes will have been prevented, or at least minimized. The importance of careful planning and thorough preparation cannot be overemphasized. Careful planning by the employer at the conception...
- Construction Claims: The Investigation
- The Covid-19 Pandemic
- Preparing Claims to Persuade a Tribunal
Seeking That Sensible Solution: Negotiation
The most natural and cost-effective way of finding sensible solutions is through constructive dialogue: through negotiation. If negotiations are to succeed, careful preparation, realistic expectations and the desire to reach agreement are essential. If both parties, or at least one of them, adopt some of the principled negotiation techniques outlined above, the chances are that the parties will...
When Negotiations Fail: Alternative Dispute Resolution
It makes perfect sense for parties to find solutions to their differences/disputes, either between themselves through direct negotiation or with the help of a third party or third parties. The objective is (or should be) to avoid time-consuming and costly arbitration or litigation. In the vast majority of projects I have worked on, disputes have been resolved when dispute resolution methods have...