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Sports Arbitration Revisited Pt I: Mutu and Pechstein v Switzerland

Following the recent case of RFC Seraing and Doyen Sports Company v FIFA and Others [2018], the ECtHR took a look at the concerning world of mandatory arbitration clauses in sports contracts in the hugely important Mutu and Pechstein v Switzerland [2018], handed down last week.

11:00, 9th October 2018
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Financial Fair Play in Football: Curbing the Excess or the Enthusiasm?

Football, a favourite pastime of the nation, is also the basis for truly ludicrious levels of investment, winnings and spending. As such, UEFA introduced Financial Fair Play Regulations to discourage football team insolvency. This article assess the compatibility of the Regulations with EU law.

11:00, 25th September 2018
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A Permanent Investment Court: The Future of the International Investment Regime?

The ability of investors to sue for breaches of international investment agreements impacts on how governments can regulate. Such disputes are currently dealt with by a much-criticised arbitration regime. Many advocate reform, with the best proposal being the EU's: a permanent international court.

11:00, 28th August 2018
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The Criminalisation of Homosexuality in the Commonwealth Pt II: Shifting Sands?

The British Empire's legacy of criminalising homosexuality in the Commonwealth has been challenged in the courts. In some countries, the courts have upheld it through decisions that assert sovereignty of democratic institutions; in others, the courts have focused on protecting constitutional rights.

11:00, 6th July 2018
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Spanish Rugby in the Dock Part III: The End of the Line?

An appeal committee upheld a first-instance decision that blocks the Spanish rugby team from qualifying for the Rugby World Cup 2019. Both decisions hold that Spain acted contrary to the laws of rugby. In the third of a three part series, Ben Cisneros examines the final chapter of this sorry saga.

11:00, 26th June 2018
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An Introduction to the GDPR and its Impact on Competition Law

The General Data Protection Regulation introduces a new regime that seeks to modernise data protection law by imposing new obligations upon organisations. It seems likely to have positive impact on competition law, so long as clear lines can be drawn delineating when each body of law applies.

11:00, 25th May 2018
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In a Similar Vein? A Comparative Analysis of Organ Donation Systems

The Organ Donation (Deemed Consent) Bill 2017-19 proposes a 'soft opt-out' system involving a rebuttable presumption of consent to organ donation. An examination of organ donations in several foreign jurisdictions sets out a number of lessons that the UK must learn when implementing this system.

11:00, 13th April 2018
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Tainted Medicine: Pharmaceutical Patents in the Developing World

The need to ensure that medicine is universally accessible conflicts with the need to encourage companies to invest in developing new drugs. Particularly in the developing world, patent law has struck an uneven balance that has left populations priced out and vulnerable. How can this be resolved?

12:00, 2nd March 2018
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Fixed-Term Contracts in Football: Foul Play or Fair Game?

The idea of footballers being signed on short-term contracts has been a widely accepted part of the sport. However, in a recent German case, a player challenged the legality of these contracts; if he had been successful, this could have had a revolutionary effect on the beautiful game.

12:00, 9th February 2018
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Bashir v SoS for Home Department: Finding Housed Refugees a Home

For the last nineteen years, six refugee families have lived in the small part of Cyprus still under British control in conditions that amount to a clear breach of their human rights. The Supreme Court, which heard the case last month, is set to decide whether those rights ought to be recognised.

12:00, 26th January 2018
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A Question of Recognition: A Potential Avenue for Catalonian Independence?

The debate on whether Catalonia may be able to secure independence has largely focused on the right to self-determination. However, another potential avenue to independence is worth exploring: whether Catalonia might be able to gain statehood following recognition from other states across the world.

12:00, 29th December 2017
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The Great Green Wall: How Law Holds the Key for Development Initiatives

Great Green Wall is one of Africa’s main projects to combat the effects of climate change. It attempts to combat the expansion of the Sahara via a wall of trees. It shows how development projects that rely on stakeholder engagement require legislative reforms that permit ownership and use rights.

12:00, 7th November 2017
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The MoD's New Compensation Scheme Distorts the Doctrine of Combat Immunity

The doctrine of combat immunity allows the MoD to escape liability for negligence during the heat of battle. Its application involves striking a balance between protecting service personnel and the need for an effective military. A new internal MoD compensation scheme upsets this balance.

11:00, 24th October 2017
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Robot Wars? Autonomous Weapons and International Humanitarian Law

With the increasing likelihood that weapons equipped with AI that operate independently of humans may feature in conflicts, humanity must answer two key question related to their use: will these weapons ever be able to comply with international humanitarian law and if so, should we allow them to?

11:00, 15th September 2017
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Section Pick October

Sports Arbitration Revisited Pt I: Mutu and Pechstein v Switzerland

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