English & Commonwealth Law eJournal最新文献_第4页

The Rule of Law and the Rule of Empire: A.V. Dicey in Imperial Context 法治与帝国统治:帝国语境中的A.V.戴西

English & Commonwealth Law eJournal Pub Date : 2018-08-31 DOI: 10.1111/1468-2230.12363

Dylan Lino

引用次数: 8

The Ultimate Creation Story: The Confidential Informant as a Creation of Law 终极创造故事:作为法律创造的秘密线人

English & Commonwealth Law eJournal Pub Date : 2018-08-24 DOI: 10.2139/SSRN.3238229

Lisa A. Silver

{"title":"The Ultimate Creation Story: The Confidential Informant as a Creation of Law","authors":"Lisa A. Silver","doi":"10.2139/SSRN.3238229","DOIUrl":"https://doi.org/10.2139/SSRN.3238229","url":null,"abstract":"Our laws have the power to create. Yet, not all it creates is welcome or desired. This article is about the creation of confidential informant or CI status through the strict application of the law of informer privilege. It is also a creation story of how a person, who is also an accused person, unwillingly became a CI, and with that designation became a non-entity in the eyes of the law. With that status the person, Named Person A, faces barriers. As an accused person, Named Person A’s lawyer is not within the circle of privilege and cannot access information which may identify Named Person A as a CI. The only other prospect is to pierce the privilege by fitting within one narrow exception, appropriated from solicitor-client privilege, known as “innocence at stake.” This confined exception provides little relief for the CI-accused and has the broader effect of limiting access to CI information where the accused is not a CI but is already privy to CI information. Although the courts, as recently as the Supreme Court decision of R v Brassington, have stayed firm on this ‘ancient and hallowed’ form of privilege, Named Person A’s story highlights the need to revisit this legal construction. This article takes the reader through the labyrinth of informer privilege to find a more flexible, modern and principled approach to the creation of this kind of legal status. It is in this ultimate creation story of Named Person A, we come to understand the need for a re-write in the law of informer privilege.","PeriodicalId":255520,"journal":{"name":"English & Commonwealth Law eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130937906","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Revocability of Instruments of Withdrawal from Mulitlateral Treaties with Particular Emphasis on the United Kingdom's Article 50 TEU Notification 多边条约退出文书的可撤销性，特别强调联合王国第50条TEU通知

English & Commonwealth Law eJournal Pub Date : 2018-08-23 DOI: 10.2139/SSRN.3238431

P. Eden

引用次数: 0

Centralisation of Procurement and Supply Chain Management in the English NHS: Some Governance and Compliance Challenges 英国NHS采购和供应链管理的集中化:一些治理和合规挑战

English & Commonwealth Law eJournal Pub Date : 2018-08-09 DOI: 10.2139/ssrn.3232804

A. Sanchez-Graells

引用次数: 4

The Law and (Some) Finance of Related Party Transactions: An Introduction 关联交易的法律与(部分)财务:导论

English & Commonwealth Law eJournal Pub Date : 2018-07-15 DOI: 10.2139/SSRN.3214101

L. Enriques, Tobias H. Troeger

{"title":"The Law and (Some) Finance of Related Party Transactions: An Introduction","authors":"L. Enriques, Tobias H. Troeger","doi":"10.2139/SSRN.3214101","DOIUrl":"https://doi.org/10.2139/SSRN.3214101","url":null,"abstract":"This paper is the introductory chapter of Luca Enriques and Tobias Troger (eds.), The Law and Finance of Related Party Transactions (Cambridge University Press: forthcoming). Its goal is to sketch out the individual chapters’ contributions to the scholarly and policy debates on the adequate regulation of related party transactions (RPTs). For that purpose, we scope the issue by highlighting the principal costs and benefits of shareholder control, which allows both the implementation of entrepreneurial vision and various forms of rent-seeking. We next proceed by putting the challenges of regulating RPTs into the broader context of conflicts of interest and tunneling techniques. Against this background, we then turn to the main regulatory options available for legislators (independent/disinterested director approval, majority of the minority approval, ex post fairness review, and involvement of supervisory agencies), highlighting some of the key insights on each of them from individual chapters. Finally, we show how the chapters in the book can also inform European legislators who are currently in the process of implementing the revised Shareholder Rights Directive rules on RPTs.","PeriodicalId":255520,"journal":{"name":"English & Commonwealth Law eJournal","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127077201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

How to Resolve Disputes Arising from Brexit: Comparing International Models 如何解决英国脱欧引发的纠纷:比较国际模式

English & Commonwealth Law eJournal Pub Date : 2018-06-11 DOI: 10.2139/ssrn.3193892

J. Odermatt

{"title":"How to Resolve Disputes Arising from Brexit: Comparing International Models","authors":"J. Odermatt","doi":"10.2139/ssrn.3193892","DOIUrl":"https://doi.org/10.2139/ssrn.3193892","url":null,"abstract":"The question of how disputes arising from Brexit are to be resolved, and by which body, is one of the most sensitive issues in the negotiations on the UK’s withdrawal from the European Union and the envisaged future relationship between the UK and the EU. The legal issues related to withdrawal are further magnified in complexity due to the nature of the EU itself, which does not neatly fit into the category of a traditional international organization. The UK has repeatedly stated that it will not accept the continued role of the EU Court of Justice in the UK legal system after withdrawal. Any dispute settlement system must also respect the constitutional requirements of the EU legal order, most notably, by not infringing on the autonomy of EU law. This paper discusses some of the various models from international dispute settlement that could be used to inspire a dispute settlement system in the Brexit context. It discusses dispute settlement in the withdrawal agreement and the role of the Court of Justice during and after a transition period. It then discusses the challenges of designing a dispute settlement system for the future relationship agreement. While aspects of these various models could be replicated, there is no dispute settlement system that is fully appropriate to deal with the various complexities and challenges of Brexit. The paper discusses the possibility of setting up a standing international tribunal to resolve disputes arising from Brexit.","PeriodicalId":255520,"journal":{"name":"English & Commonwealth Law eJournal","volume":"1660 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129329390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

What's Offered in an ICO? Digital Coins as Things ICO提供了什么?作为物品的数字货币

English & Commonwealth Law eJournal Pub Date : 2018-03-14 DOI: 10.2139/ssrn.3140499

J. Allen

引用次数: 2

Independent Directors in Asia: Theoretical Lessons and Practical Implications 亚洲独立董事:理论教训与实践启示

English & Commonwealth Law eJournal Pub Date : 2018-03-13 DOI: 10.1017/9781316819180.014

S. Kozuka, L. Nottage

{"title":"Independent Directors in Asia: Theoretical Lessons and Practical Implications","authors":"S. Kozuka, L. Nottage","doi":"10.1017/9781316819180.014","DOIUrl":"https://doi.org/10.1017/9781316819180.014","url":null,"abstract":"Independent director requirements have spread throughout Asia, generating diverse definitions, enforcement patterns and cadres of directors (Part I). Yet the proliferation itself, and some of its features, provide some support for convergence in corporate governance, especially in function rather than form. In particular, seemingly influenced by proposals from Australian reformers in the early 1990s, the definition of independence has departed from US and early UK roots by excluding (variously defined) substantial shareholders, except until recently Singapore. This fits with the historical reality of “blockholders” in Austral-Asian corporate governance, making a key corporate governance concern the tension between large and minority shareholders, rather than the traditional Anglo-American tension between dispersed shareholders and professional managers. Given the looser definition in Singapore, the function of independent directors there has extended to mediating disputes among family blockholders. This may also be found in India, for example, where enforcement has been problematic until recently (Part II). \u0000The comparative analysis further suggests that significant “legal transplants” are occurring, but with complex features and motivations (Part III). We find elements of Miller’s cost-saving transplants (as perhaps in Hong Kong), entrepreneurial transplants (recently in Japan), legitimacy-enhancing transplants (Singapore) or even sometimes externally-dictated transplants (Korea, after the Asian Financial Crisis). We also see elements of Frankenberg’s “IKEA” theory of legal transplants, whereby concepts are de-contextualised and stored in a global intellectual reservoir, and then taken out and reassembled – for better or worse – by the importing jurisdiction (Part III). Given these patterns, independent directors will probably continue to be the norm in Asian countries, notwithstanding growing academic critiques. It is also likely that the varieties of independent directors found among jurisdictions will not diminish significantly (Part IV).","PeriodicalId":255520,"journal":{"name":"English & Commonwealth Law eJournal","volume":"60 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133391458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Regulating Complex Contracting: A Socio‐Legal Study of Decision‐Making Under EU and UK Law 规范复杂合同:欧盟和英国法律下决策的社会法研究

English & Commonwealth Law eJournal Pub Date : 2018-03-01 DOI: 10.1111/1468-2230.12326

Eleanor Aspey, R. Craven

引用次数: 3

Crowdfunding and Public Interest Judicial Review: A Risky New Resource for Law Reform 众筹与公益司法审查:法律改革的风险新资源

English & Commonwealth Law eJournal Pub Date : 2018-01-21 DOI: 10.2139/ssrn.3106355

Joe Tomlinson

{"title":"Crowdfunding and Public Interest Judicial Review: A Risky New Resource for Law Reform","authors":"Joe Tomlinson","doi":"10.2139/ssrn.3106355","DOIUrl":"https://doi.org/10.2139/ssrn.3106355","url":null,"abstract":"In their influential work, Harlow and Rawlings defined “pressure through law” as the “use of the law and legal techniques as an instrument for obtaining wider collective objectives.” They observed that the use of the courts by civil society organisations seeking reform was not just an American trend and nor was it new. In recent years, there has been a growing literature which has shown how some civil society organisations deployed the law and legal techniques to pursue wider reform objective. Much of the debate around this “mobilisation of law” considers why groups turn to the courts and why they do not. A common thread in this literature is how the availability of financial resources often determines the fate of public interest litigation. \u0000In the context of judicial review in the UK, resources have become an increasingly tricky issue. The relationship between money and access to judicial review is a densely complex one, but many now claim that funding a judicial review is increasingly difficult. In this article, I explore whether crowdfunding—using an online platform to raise third party funding for a judicial review—is a possible answer to the issue of lack of resources in the context of public interest litigation. In other words, can crowdfunding support legal reform through the provision of resources for public interest litigation? I argue that crowdfunding can—in certain cases—solve the resource dilemma and be key in procuring reform via public interest litigation. However, it is far from a foolproof solution and there are multiple risks inherent in its use. The nature and extent of such risks are such that the crowdfunding of public interest litigation should be approached with great caution. In this respect, there is a role for civil society organisations that have engaged in public interest litigation to advocate for sensible and cautious use of crowdfunding methods.","PeriodicalId":255520,"journal":{"name":"English & Commonwealth Law eJournal","volume":"267 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116049756","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1