Law
Welcome to the research outputs of the University of Exeter School of Law, part of the College of Social Sciences and International Studies
Recent Submissions
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International Law and the Military Use of Unmanned Maritime Systems
(Cambridge University Press (CUP) for International Committee of the Red Cross, 2017)On 15 December 2016 Chinese forces seized an unmanned underwater vehicle being operated by a U.S. government vessel, the USNS Bowditch, 50 nautical miles from the Philippine coast in the South China Sea. In response, the ... -
Assessing U.S. justifications for using force in response to Syria's chemical attacks: an international law perspective
(University of the Pacific, McGeorge School of Law, and the Institute for National Security and Counterterrorism (INSCT) of the Maxwell School of Citizenship & Public Affairs and College of Law of Syracuse University., 2017-05-17)Michael Schmitt and Christopher Ford unpack the Trump Administration’s legal justifications for the April 2017 United States attack on a Syrian airfield in response to its use of chemical weapons against civilians. Schmitt ... -
Vulnerability on trial: human rights courts approaches to the protection of migrant children’s rights
(2017)Although vulnerability does not have an express legal basis in international human rights law, human rights courts, and particularly the European Court of Human Rights (ECtHR), have increasingly drawn on this concept in ... -
Respect for Sovereignty in Cyberspace
(University of Texas School of Law, 2017) -
Sovereignty in Cyberspace: Lex Lata Vel Non?
(Cambridge University Press (CUP) for American Society of International Law, 2017)Introduction Globalization has not conquered sovereignty. Instead, the notion of sovereignty occupies center stage in discussions concerning the normative architecture of cyberspace. On the diplomatic level, the term is ... -
Grey Zones in the International Law of Cyberspace
(Yale Law School, 2017-05-08)Introduction In 2015 and 2016, hackers affiliated with the Russian government broke into servers of the U.S. Democratic National Committee (DNC). The subsequent release of documents hurt Democrats in Congressional races, ... -
Peacetime Cyber Responses and Wartime Cyber Operations Under International Law: An Analytical Vade Mecum
(Harvard University, Harvard Law School, 2017)Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations examines the application of extant international law principles and rules to cyber activities occurring during both peacetime and armed conflict. ... -
Towards the International Rule of Law in Cyberspace: Contrasting Chinese and Western Approaches
(Oxford University Press (OUP), 2017)China and Western countries have repeatedly portrayed each other as potential or actual adversaries in cyberspace. Yet, both sides ostensibly subscribe to an international consensus that cyber operations must be subjected ... -
The current barriers to corporate takeovers in Japan: Do the UK Takeover Code and the EU Takeover Directive offer a solution?
(Springer Verlag, 2017)There is a common perception that the Japanese takeover market excludes foreign companies. However, this is not because Japanese takeover law has been designed to protect target companies. Comparing Japanese takeover law ... -
Intra-corporate dispute arbitration and minority shareholder protection: A corporate governance perspective
(Sweet & Maxwell, 2017-02-01)Litigation has not been the favoured enforcement method of corporate governance for listed companies in the UK. The US experience of arbitration in corporate governance, while not necessarily all transferable in the UK, ... -
From Cyber Norms to Cyber Rules: Re-engaging States as Law-makers
(Cambridge University Press (CUP), 2017)Several indicators point to a crisis at the heart of the emerging area of international cyber security law. First, proposals of internationally binding treaties by the leading stakeholders, including China and Russia, have ... -
Protecting migrant children’s rights
(migrantchildren.org, 2017-04-27)This report relates to the training workshop on the protection of migrant children’s rights which is part of an ESRC-funded research project currently led by Dr Ana Beduschi (https://migrantchildren.org/). The event was ... -
Reversing a Withdrawal Notification under Article 50 TEU: Can the Member States Change Their Mind?
(Sweet and Maxwell, 2017)The purpose of this paper is to determine whether a Member State of the EU may revoke its notice to withdraw from the Union under art.50 TEU. The answer to this question has significant practical implications for Brexit, ... -
The Law of Non-International Armed Conflict, written by Sandesh Sivakumaran
(Brill Academic Publishers, 2016-01-01)There is no abstract available for this article. -
The moral order in family mediation: negotiating competing values
(Wiley for Association for Conflict Resolution, 2017-04-27)We used Discourse Analysis to study how mediators and parties negotiate competing priorities and values during the family mediation process. We drew on understandings of practical morality, and specifically the concept of ... -
Monitoring prisons: the increasingly complex relationship between international and domestic frameworks
(Palgrave Macmillan, 2017-09-30)Since the UN Optional Protocol to the Convention against Torture (OPCAT) came into force in 2006, the institutional landscape governing monitoring in European prisons has become increasingly complex. Already subject to ... -
Introduction: The Invisible (Migrant) Man
(SAGE Publications, 2015-10-01)Migration scholarship has often lagged behind developments in gender studies. The importance of gender has gained increasing recognition, but this has predominantly meant a focus on women migrants. Only recently has a ... -
Implementation of Directive 2004/38 in the United Kingdom
(Ministerio de Empleo y Seguridad Social Subdirección General de Información Administrativa y Publicaciones, 2014-06-01)This article analyses the transposition of Directive 2004/38 into the British legal system. Forstly, it summarises the historical, political and legal context. Then, it explains how the Directive has been implemented, the ... -
What does an assured "know" for the purpose of pre-contract disclosure?
(Reed International Books Australia Pty Limited, 2016-09-01)Insurance policies, unlike most other contracts, impose a pre-contractual duty of disclosure upon the applicant for insurance. There are numerous questions surrounding this duty: what has to be disclosed; how is ...