University of Southampton (Books and Journals)
140 results for University of Southampton (Books and Journals)
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Southampton Student Law Review
From No. 1-1, January 2011
to No. 13-1, January 2023
University of Southampton, 2020
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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...
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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
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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...
- Acknowledgements
- Foreword
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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...
- Foreword
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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,...
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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...
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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...
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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...
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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...
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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.
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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
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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...
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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...
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Are the Genetic Resources in Areas Beyond National Jurisdictions Subject to the 'Genetic Heritage of Mankind' Principle?
It is uncertain whether the genetic resources in areas beyond national jurisdiction are subject to the common heritage of mankind (CHM) or freedom of the high seas principle. This uncertainty is intensified, as the regime governing the Area is itself fragmented, leading to considerable tensions between States as to which regime should govern marine genetic resources (MGR). The aim of this paper...
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Insurable Interest Bill 2018: A Critical Analysis
In 2016, a consultation exercise was conducted by the Law Commission of England and Wales with the aim of ‘improving an antiquated and restrictive insurance law.’ Resultantly, in 2018, the Law Commission published a draft Bill, with regards to the reform of insurable interest in life and life-related insurances. The fundamental objective this paper sets out to achieve is to establish whether or...
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The Role and Meaning of 'Occupation' in Schedule 3, Paragraph 2 of the Land Registration Act 2002
In Abbey National Building Society v Cann, Lord Oliver observed: ‘it is, perhaps, dangerous to suggest any test for what is essentially a question of fact, for "occupation" is a concept which may have different connotations according to the nature and purpose of the property which is claimed to be occupied’.1 This paper focuses on the role and meaning of ‘occupation’ in Schedule 3, paragraph 2 of
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To what extent can unmanned ships comply with COLREGs 1972 and how will the liability of such vessels be assessed?
Unmanned ships are presently able to infiltrate the maritime industry due to the rapid technological advances of this era. Their introduction to the maritime sector could pose novel questions regarding compliance and liability with the established framework. The aim of this research is twofold; firstly to examine the extent to which unmanned ships may comply with COLREGs and secondly how such...
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Should the courts be moral censors of biotechnological innovation? An analysis of the morality provisions of patent law with specific reference to Rule 28(1)(c) of the Implementing Regulations to the EPC concerning embryonic stem cell patents
This dissertation considers the legal treatment of the morality provisions in patent law, exclusively in the context of biotechnological inventions. Specifically, the dissertation will focus on Article 53(a) EPC and Rule 28(1)(c) of the Implementing Regulations, the equivalents of Articles 6(1) and 6(2)(c) of the Biotechnology Directive, respectively. First, I examine the jurisprudence of the...
- Foreword
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Keeping the Lights On: Businesses, Human Rights and Access to Electricity
The article explores the extent to which a right to electricity access may be found under international human rights law and critically evaluates the related duties of businesses regarding electricity access, under international investment law. The article also examines the relationship between the relevant human right and the business sector, as it is energy corporations, which are the actual...
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Law Reform Proposal: Personalized Declaration of Death
As medical sophistication has progressed, a growing portion of the population has, perhaps ironically, begun to question whether they would wish to be subject to some techniques of preserving life and whether they still believe that death is the worst-case scenario. However, securing a death that the patient may deem more dignified is a difficult and perhaps impossible task. This is because the...
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The Regulation of Dermal Fillers in English Law
This paper is an investigation of the inadequacy of the current lack of legal framework which regulates dermal fillers in English law. It covers issues relating to the supply of dermal fillers, in addition to the social factors which control their demand. This paper examines the current gap in legislation by evidencing the shortcomings of the existing approach, and by recommending a statutory...
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The Regulation of Non-Surgical Cosmetic Procedures
The growth of non-surgical cosmetic procedures has brought with it concerns over the regulation of the industry. Procedures such as dermal fillers and botox injections are becoming increasingly popular. Yet despite the risks involved in these procedures, such as infection and scarring, there is a worrying lack of legislation governing the sector. Dermal fillers, for example, can be administered...
- Foreword
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No Place Like Home: The UK Courts' Cautious Approach on Applying the European Convention on Human Rights to English Housing Law
Since the introduction of the Human Rights Act 1998 (HRA)1 the rights conferred to individuals under the European Convention on Human Rights (ECHR)2 are directly applicable in domestic courts. Incorporation of these rights into UK law has resulted in challenges to local authority decisions and even in relation to the private housing sector. This essay focuses on how the UK courts have dealt with...