Why the UK Government’s Plan to Overturn Court Decisions is a Bad Idea

Photo by Jordhan Madec By Maurice Sunkin, Theodore Konstadinides and Lee Marsons, School of Law, University of Essex The UK government is pursuing multiple legal reforms designed to rebalance “the relationship between the government, parliament and the courts” – a commitment made in the Conservative party’s 2019 election manifesto. Many of these reforms will affect how … Continue reading Why the UK Government’s Plan to Overturn Court Decisions is a Bad Idea

Incremental Development of a Legal Framework for Arbitration in Emerging Markets: A Case Study of Construction Arbitration in Nigeria

Photo by David Rotimi Dr. Fikayo Taiwo, Lecturer in Law at the University of Essex, has concluded her Ph.D. thesis titled ‘Incremental Development of a Legal Framework for Arbitration in Emerging Markets: A Case Study of Construction Arbitration in Nigeria’. The problem the thesis sought to investigate is the continued exportation of Africa-related disputes for arbitration … Continue reading Incremental Development of a Legal Framework for Arbitration in Emerging Markets: A Case Study of Construction Arbitration in Nigeria

The Rule of Law: Driving Water and Climate Inequality?

Image: Dravyavati R., Jaipur by Rod Waddington licensed under CC BY-SA 2.0 By Dr. Birsha Ohdedar, Lecturer in Law, University of Essex The rule of law broadly underlies the idea that 'no one is above the law' and that the law is created and applied fairly. The dominant liberal-legal narratives on the rule of law often do not go much … Continue reading The Rule of Law: Driving Water and Climate Inequality?

‘Cyber Due Diligence’: A Patchwork of Protective Obligations in International Law

Photo by Kevin Ku With a long history in international law, the concept of due diligence has recently gained traction in the cyber context, as a promising avenue to hold states accountable for harmful cyber operations originating from, or transiting through, their territory, in the absence of attribution. Nonetheless, confusion surrounds the nature, content, and scope … Continue reading ‘Cyber Due Diligence’: A Patchwork of Protective Obligations in International Law

Constitutional Pluralism and Loyal Opposition

Image by Udo Pohlmann Dr. Tom Flynn, Lecturer in Law at the University of Essex, has recently had an article published in the International Journal of Constitutional Law (I•CON) as part of a symposium on last year’s controversial PSPP judgment of the German Federal Constitutional Court (GFCC). In that judgment, the GFCC for the first … Continue reading Constitutional Pluralism and Loyal Opposition

Incendiary Speech Acts, Lawfare and Other Rhetorical Battles Against the Rule of Law

Photo by Chris Brignola Dr Carla Ferstman, Senior Lecturer in Law, University of Essex Introduction The rule of law is embedded in UK law since the Magna Carta. Its importance to the proper functioning of democracies has been affirmed by the Council of Europe’s Venice Commission and the United Nations, among others. As Lord Bingham … Continue reading Incendiary Speech Acts, Lawfare and Other Rhetorical Battles Against the Rule of Law

The War on Compensation: Troubling Signs for Civilian Casualties in the Gaza Strip

Photo by Timon Studler Dr. Haim Abraham, Lecturer in Law, University of Essex Follow Dr. Abraham on Twitter here The last round of belligerency between Hamas and Israel claimed a significant toll from civilians, with many arguing that some of the more devastating activities conducted by the IDF were in breach of the laws of … Continue reading The War on Compensation: Troubling Signs for Civilian Casualties in the Gaza Strip

Why Civil Claims are a Necessary Part of the Arsenal to Address Military Excesses

Photo by Diego González Carla Ferstman and Noora Arajärvi, University of Essex, published a report which assesses the UK Overseas Operations (Service Personnel and Veterans) Bill, which makes provision about legal proceedings and consideration of derogation from the European Convention on Human Rights in connection with operations of the armed forces outside the British Islands. The … Continue reading Why Civil Claims are a Necessary Part of the Arsenal to Address Military Excesses

The Coronavirus Act 2020 and Guidance Governing Social Relationships and Communication: An Orwellian Dystopia or a Protective Bubble?

Photo by Unsplash On 10 September 2020, Dr Samantha Davey, Lecturer in Law at the University of Essex, presented her paper entitled ‘The Coronavirus Act 2020 and Guidance Governing Social Relationships and Communication: An Orwellian Dystopia or a Protective Bubble?’ at the digital conference ‘Are Emergency Measures in Response to COVID-19 a Threat to Democracy? … Continue reading The Coronavirus Act 2020 and Guidance Governing Social Relationships and Communication: An Orwellian Dystopia or a Protective Bubble?