Journals

Post‐‘Brexit’ Financial Governance: Which Dispute Settlement Framework Should Be Utilised?

The Modern Law Review - Mon, 2019-10-07 13:04
Abstract

This contribution to the ongoing Brexit discussions addresses topical legal and regulatory issues in the post‐Brexit policy debate, especially the questions surrounding the important area of financial governance and dispute resolution. Specifically, a number of future UK/EU legal disputes with respect to financial services may emerge post‐Brexit. The article examines the UK's track record at the Court of Justice of the European Union, and discusses some likely future challenges. It then considers which institutional framework should be used for resolving disagreements. The article assesses the strengths and weaknesses of three potential models (the proposed Swiss/EU institutional framework; the EFTA ‘docking’ option; and the WTO system) and provides an original cross‐model evaluation. It also discusses the associated design challenges that EU and UK negotiators may encounter in the attempt to devise a post‐Brexit dispute settlement system.

Categories: Journals

Using the Maq āṣid al-Sharīʿah to Furnish an Islamic Bioethics: Conceptual and Practical Issues

Journal of Bioethical Enquiry - Tue, 2019-10-01 22:00
AbstractThe field of Islamic bioethics is currently in development as thinkers delineate its normative content, ethical scope and research methods. Some scholars have offered Islamic bioethical frameworks based on themaq āṣid al-Sharīʿah, the higher objectives of Islamic law, to help advance the field. Accordingly, a recent JBI paper by Ibrahim and colleagues describes a method for using themaq āṣid al-Sharīʿah to provide moral end-goals and deliberative mechanisms for an Islamic bioethics. Herein I highlight critical conceptual and practical gaps in the model with the hopes of fostering greater discussion about howmaq āṣid al-Sharīʿah frameworks may fit within Islamic bioethics deliberation. (Source: Journal of Bioethical Inquiry)
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Corporations as Moral Agents: Trade‐Offs in Criminal Liability and Human Rights for Corporations

The Modern Law Review - Wed, 2019-09-25 19:11
Abstract

This article argues that a common way of defending corporate criminal liability creates a dilemma: it provides a strong justification for giving human rights to corporations. This result follows from approaches to punishment and human rights which predicate each on the status of moral agency. In short, if corporations are moral agents in a sufficient sense to attract criminal liability, they are eligible holders of human rights. The article also discusses the doctrinal application of this philosophical claim. Drawing on US jurisprudence, it illustrates how the European Court of Human Rights might deploy corporate moral agency as a theoretical foundation for its otherwise weakly‐reasoned attribution of human rights to corporations. If proponents of corporate criminal liability are dissatisfied with these conclusions, they face difficult policy trade‐offs: they must abandon the doctrine, or adopt alternative approaches to punishment or human rights.

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Lee v Ashers Baking Company Ltd and Others: The Inapplicability of Discrimination Law to an Illusory Conflict of Rights

The Modern Law Review - Thu, 2019-09-19 14:38
Abstract

Providers of customised goods and services do not directly discriminate against a customer when their refusal to fulfil an order is based on their objection to the message requested by the latter and not on any protected characteristics of the person. This is the conclusion reached by the Supreme Court of the United Kingdom when faced with a claim of direct discrimination on grounds of sexual orientation and religious beliefs or political opinions contrary to two Northern Ireland Statutory Rules against a bakery which objected to incorporating the message ‘Support Gay Marriage’ into a cake. In this case comment it is argued that the Supreme Court correctly identified the crucial distinction between a message and a person for the purposes of discrimination law. Each of the two grounds of discrimination at issue is examined and an explanation for the inapplicability of a finding of discrimination on either is offered.

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Wiltshire Council v Cooper Estates Strategic Land Ltd: Development Plans and the Restriction of Town and Village Green Applications

The Modern Law Review - Wed, 2019-09-18 20:24
Abstract

The Court of Appeal has, for the first time, considered the scheme of ‘trigger events’ introduced in the Growth and Infrastructure Act 2013 which preclude the registration of land as a town or village green (or TVG). The event in question concerned identification for potential development in a development plan document. The court was required to determine what constitutes ‘identification for potential development’ for the purposes of the statute. This note suggests that the court's interpretation of ‘identification for potential development’ is unconvincing, and was motivated primarily by policy: to render it more difficult to register land as a TVG. It argues that the judgment constitutes a further and significant restriction on the future viability of TVG applications, rendering entire settlements liable to lose the application of TVG law.

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