Skip to main content

Research Repository

Advanced Search

Lawful circumvention of the jurisdiction of the Takeover Panel in UK takeovers (2023)
Journal Article
Mukwiri, J. (2023). Lawful circumvention of the jurisdiction of the Takeover Panel in UK takeovers. Journal of Business Law, 6, 431-451

This article examines the implications of using schemes as an alternative to offers in effecting takeovers in the United Kingdom (UK). It argues that the use of schemes undermines the jurisdiction of the Panel on Takeovers and Mergers ("the Panel") i... Read More about Lawful circumvention of the jurisdiction of the Takeover Panel in UK takeovers.

Negative Implications of Greater Access to the Courts in the Takeover Process (2023)
Journal Article
Mukwiri, J. (2023). Negative Implications of Greater Access to the Courts in the Takeover Process. European Company and Financial Law Review, https://doi.org/10.1515/ecfr-2023-0018

Recent judgments of the Court of Justice of the European Union involving Austria and Italy raises the question of whether greater access to the courts makes ineffective the duty of supervisory authorities in enforcing the mandatory bid rule. This que... Read More about Negative Implications of Greater Access to the Courts in the Takeover Process.

Harmonisation, European Standardisation and the New Approach (2023)
Book Chapter
Van Leeuwen, B. (in press). Harmonisation, European Standardisation and the New Approach. In R. Schütze, & T. Tridimas (Eds.), Oxford Principles of European Union Law, Volume II: Internal Market. Oxford University Press

Integrating Sustainable Finance into the Prospectus Regulation (2023)
Book Chapter
Chiu, I., & Schammo, P. (in press). Integrating Sustainable Finance into the Prospectus Regulation. In K. Alexander, M. Gargantini, & M. Siri (Eds.), The Cambridge Handbook of EU Sustainable Finance: Regulation, Supervision and Governance. Cambridge University Press

The question of whether ‘specialist’ securities such as use-of-proceeds green bonds should be subject to a greater level of regulation has attracted considerable attention among policymakers and market actors. Much is at stake, especially because the... Read More about Integrating Sustainable Finance into the Prospectus Regulation.

The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court (2023)
Book Chapter
Fenwick, H., & Hayward, A. (2023). The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court. In P. Behrens, & S. Becker (Eds.), Justice After Stonewall: LGBT Life between Challenge and Change. Routledge. https://doi.org/10.4324/9781003286295-13

Only a minority of jurisdictions currently permit same-sex marriage – among them, England and Wales (from 2013), Scotland (from 2014) and Northern Ireland (from 2020). This chapter explores the drive towards marriage equality from a domestic perspect... Read More about The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court.

Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR (2022)
Book Chapter
Fenwick, H. (2022). Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR. In P. Czech, L. Heschl, K. Lukas, M. Nowak, & G. Oberleitner (Eds.), European Yearbook on Human Rights 2022 (309-344). Cambridge University Press. https://doi.org/10.1017/9781839703447.012

Some advocates of free speech are currently arguing that universities and other organisations are far too prompt to accept curbs on expression or expressive acts in relation to issues such as transgender rights, racism, feminism, religious extremism.... Read More about Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR.

A critique of audience rights to receive information and ideas under a democratic interpretation of freedom of expression: the stance of the Strasbourg Court (2022)
Book Chapter
Fenwick, H. (in press). A critique of audience rights to receive information and ideas under a democratic interpretation of freedom of expression: the stance of the Strasbourg Court. In C. Girard, & P. Auriel (Eds.), Freedom of expression and democracy in Europe. Oxford University Press

This chapter concerns the rights of the "listener" to receive information, ideas, opinions. It will consider a range of ways in which a democratic interpretation of freedom of expression, understood here as the freedom to receive information and idea... Read More about A critique of audience rights to receive information and ideas under a democratic interpretation of freedom of expression: the stance of the Strasbourg Court.

German Idealism after Kant: Nineteenth Century Foundations of International Law (2022)
Journal Article
Schütze, R. (2023). German Idealism after Kant: Nineteenth Century Foundations of International Law. Revue d'histoire du droit international, 25(1), 105-141. https://doi.org/10.1163/15718050-bja10078

What are the legal principles of German idealism in the long nineteenth century; and what conception(s) of international law do they offer? Opposing Kantian rationalism and its formalist law, two idealist reactions do emerge in the early decades of t... Read More about German Idealism after Kant: Nineteenth Century Foundations of International Law.

Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information (2022)
Journal Article
Brimblecombe, F., & Fenwick, H. (2022). Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information. Northern Ireland Legal Quarterly, 73(1), 26-73. https://doi.org/10.53386/nilq.v73i1.999

Globally, enhanced data protection schemes are being introduced in the face of threats to privacy in the digital era. In England and Wales protection from one such threat – from unconsented-to disclosures of private information online - is covered by... Read More about Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information.

Britain in the European Union: A Very Short Introduction (2022)
Journal Article
Schütze, R. (2022). Britain in the European Union: A Very Short Introduction. Global Policy, 13(Special Issue 2), 39-46. https://doi.org/10.1111/1758-5899.13063

From the start, Britain's feelings towards European integration were complex; and when Britain finally joined the ‘common market’ in 1973, its reasons were predominantly of an economic nature. Its profound doubts of any ‘federal’ or ‘political’ union... Read More about Britain in the European Union: A Very Short Introduction.

From Discipline to Quality of Care: How Neurologists Can Learn from Decisions of Disciplinary Tribunals (2022)
Journal Article
Gimbel, I., Mostert, M., Van Leeuwen, B., & Van Leeuwen, R. (2022). From Discipline to Quality of Care: How Neurologists Can Learn from Decisions of Disciplinary Tribunals. European Neurology, 85(3), 202-207. https://doi.org/10.1159/000521391

Background: One of the primary aims of medical disciplinary law is to improve the quality of care. However, the decisions of disciplinary tribunals are not sufficiently analysed to identify the learning elements. Aim: This study aimed to investigate... Read More about From Discipline to Quality of Care: How Neurologists Can Learn from Decisions of Disciplinary Tribunals.

Of standards and technology: ISDA and technological change in the OTC derivatives market (2021)
Journal Article
Schammo, P. (2021). Of standards and technology: ISDA and technological change in the OTC derivatives market. Law and Financial Markets Review, 15(1-2), 3-37. https://doi.org/10.1080/17521440.2022.2063030

For enthusiasts, distributed ledger technology (DLT) and smart contract technology (SCT) promise a future of frictionless interactions and decentralisation. In practice, however, it is widely acknowledged that this vision faces significant challenges... Read More about Of standards and technology: ISDA and technological change in the OTC derivatives market.

Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue (2021)
Journal Article
Van Leeuwen, B. (2021). Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue. European law review, 46(5), 625-646

This paper characterises and analyses free movement law as an exercise in legal empathy. Negative integration in the internal market is based on and facilitated by differences in national laws, which are explored through the free movement provisions.... Read More about Legal Empathy in the Internal Market: Free Movement Law as a Comparative Dialogue.