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The Caspian Sea Convention: International Law Meets International Relations

Teaching and commentary on international law often focuses on big ideas. However, many treaties are shaped not by heady ideas but by geopolitics and international relations, and are often utilized as tools of a nation's foreign policy. The Caspian Sea Convention is a useful recent example of this.

12:00, 26th May 2020
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Taxation and Social Justice in International Human Rights Law

The International Covenant on Economic, Social and Cultural Rights (ICESCR) requires states to work towards greater socio-economic rights through their tax policies. International human rights law, however, is severely limited in its ability to enforce these requirements.

12:00, 28th April 2020
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Coronavirus and the IHR: Safeguarding Human Rights in a Crisis

The International Health Regulations (IHR) are intended to aid in an international health crisis while safeguarding human rights. However, as the coronavirus pandemic pushes governments to more and more draconian measures, the IHR appear increasingly insufficient for the task at hand.

12:00, 24th March 2020
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Routier v HMRC: Redefining 'Charitable Purposes' For Inheritance Tax

In a recent case regarding a Jersey trust, the Supreme Court disapplied a sixty-year-old convention of interpretation, significantly widening the scope of 'charitable purposes' for inheritance tax exemption.

12:00, 4th February 2020
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To Infinity and Beyond: Legislating for the Peaceful Use of Outer Space

States and private companies are increasingly looking forward to a future in which outer space is both accessible and profitable. How has international law traditionally dealt with the final frontier, and could it be updated to deal with 21st century problems?

12:00, 15th October 2019
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Nationality in Sport: Nailing your Colours to the Mast?

A person's nationality can be an emotive thing. Stringent rules often operate regarding whether one can become a national of another country. These rules, however, are somewhat short-circuited by an alternate procedure in sporting law. Can they co-exist, and what will be the position after Brexit?

12:00, 21st May 2019
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The Shamima Begum Case: A Just Decision?

It is hard to empathise with Shamima Begum, the 19-year old girl that wishes to return to the UK after fleeing to join ISIS four years ago. However, the UK Government's reaction represents an unacceptable knee-jerk decision that can have dangerous consequences down the line.

12:00, 30th April 2019
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The Refugee Crisis and Human Rights: Where Are We Now?

The Dublin Regulation determines member state responsibility for asylum applications. Its aim was efficiency but it has faced various human rights challenges. Reform can achieve both efficiency and human rights compatibility by re-distributing the burden of applications more fairly

12:00, 30th November 2018
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Non-Taxation of McDonald's: Illegal State Aid or Valid Loophole?

McDonald's has ruled the fast food game for decades on end and might be expected to have paid millions of dollars around the world in corporate tax payments. The European Commission recently considered whether its failure to pay corporate tax regarding Luxembourg royalties is valid or illegal.

12:00, 6th November 2018
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R v MK: Clarifying the Defence in Section 45 of the Modern Slavery Act

Under Section 45 of the Modern Slavery Act 2015, victims of trafficking have a defence when charged with certain criminal offences. In a recent decision the Court of Appeal was asked to decide on whom the burden of proof lies; in a welcome decision it restored the orthodoxy.

12:00, 7th 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.

12:00, 28th August 2018
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Can Foreign Investors Sue The UK For Billions Over Brexit?

The UK has signed a number of treaties with other countries that it to protect the interests of foreign investors by keeping its legal framework stable. The potential upheaval that might come after Brexit might see the UK breach these obligations. Investors may thus be able to sue.

12:00, 3rd July 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.

12:00, 13th April 2018
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In Defence of Regional Human Rights Bodies

Alongside international documents that set out universal human rights, there exists in several parts of the world regional systems for promoting and protecting human rights. Though these systems have been criticised, they are valuable tools for developing the law that must be celebrated.

12:00, 30th March 2018
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The Caspian Sea Convention: International Law Meets International Relations

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