Discusses the potential utility of 'negotiorum gestio' in the Scots law of obligations, arguing that the concept ought to be extended to cover the non-patrimonial aspects of a person's existence, and that such would contribute to the development of Scots medical jurisprudence.
In digital space, the boundaries of privacy are often amorphous, symptomatic of human actors’ developing relationship with virtual spaces. As a result, those with little exposure to digital space may simply transplant their ‘real world’ expectations, whereas those who immerse themselves may assimilate a new perspective on privacy. Firstly, this paper considers the need for comparative research in the privacy field. Secondly, it reflects on the utility of Altman’s and Hughes’ theories of priva...
Due to existing shortcomings in the system, the suitability and effectiveness of the international investment arbitration regime in addressing corrupt practices in international transactions and investment projects has been frequently questioned. The current legal and regulatory regime presumes that there is a level playing field, i.e., that the parties to an arbitration have equal access to information regarding corrupt actions. However, in practice, bringing claims of corruption in internat...
Legal issues that concern defamation continue to attract attention as complex technology drives the Internet. Litigants participate in legal spaces which governments now dominate through policies and legislative actions. Increasingly, however, these legal spaces are being ceded by conflict of laws from the standpoint of jurisdiction vis-à-vis the appropriate courts to hear cases that such private litigants bring. This development contradicts the increasing convergence between public and priva...
This article provides a review of the functioning and legality of the Safe Third Country Agreement between Canada and the United States, placing it in the broader context of systemic factors that generate and exacerbate the vulnerability of protection seekers. It offers a critical evaluation of what the legal challenges against the STCA reveal about the promises and limitations of safe-country-related litigation and the future of the Agreement.
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