Hedge funds and other investment funds are emerging as sophisticated litigators, viewing litigation as an asset, which can create value and mitigate risk, rather than something to be avoided or feared. As a consequence, both the market and various legal systems are being disciplined and developed. How and why is this happening? Willing to litigate relentlessly and fearlessly, hedge funds will seek out and find gaps in documents and uncertainties in the law, and exploit them with ruthless efficiency, entering new legal territory and pushing the boundary of legal theories.
In the wake of political violence, the International Criminal Court (ICC) has shown a clear and continued preference for multiple trials to be pursued at both a national and international level. The Court’s approach to complementarity and it’s reading of what constitutes ‘a case’ under Article 17 of its Statute lays the legal foundation for this move.
Is India’s foreign policy at a cusp? The question is far from trivial. Since assuming office, Prime Minister Narendra Modi has visited well over a dozen countries ranging from India’s immediate neighborhood to places as far as Brazil. Despite this very active foreign policy agenda, not once has he or anyone in his Cabinet ever invoked the term “nonalignment”. Nor, for that matter, has he once referred to India’s quest for “strategic autonomy”.
The Mumbai slums have recently achieved a weird kind of celebrity status. Whatever the considerable merits of the film Slum Dog Millionaire and the best-selling book by Katherine Boo, Behind the Beautiful Forevers (now also a play and a film), these works have contributed to the making of a contemporary horror myth.
Since the global financial crisis in 2008, the world has paid close attention to corporations and banks around the world that have faced financial trouble, especially if there is some aspect of scandal involved. The list below gives a brief overview of some of the most notorious company implosions from the last three decades.
Recent scientific advances have enabled us to have more control than ever over how and when we reproduce. However, these developments have resulted in serious legal discussions, raising the question: Do we lose the right to control what happens to our reproductive materials once they have left our body? Here, Jesse Wall discusses the courts’ different approaches for such disputes and the justification for their decisions.
How would law look different if we had always known about climate change? One difference – I would suggest – is that it would have been constructed so as to self-adapt to the changing context that it seeks to govern. What does it mean to self-adapt? An example of self-adapting law can be found in long term supply agreements.
The widespread practice of uploading photographs onto internet social networking and commercial sites has converged with advances in face recognition technologies to create a situation where an individual can no longer be just a face in the crowd. Despite the intrusive potential of face recognition technologies (FRT), the unauthorised application of such technologies to online digital images so as to obtain identity information is neither specifically prohibited nor a critical part of the international law reform discourse.
What are the most common myths surrounding the laws of the European Union? We asked two experts, Phil Syrpis and Catherine Seville, to describe and combat some misconceptions. From the Maastricht Treaty to intellectual property law, here are some of the topics they addressed.
As the native city of composer Ludwig van Beethoven, Bonn seems to be an appropriate location for a meeting of the International Literary and Artistic Association (ALAI); a society dedicated to protecting the interests of creative individuals. ALAI has roots in the 19th century, when in 1878 the French writer Victor Hugo founded the society in order to promote recognition of the legal protection of authors for their intellectual work.
King John II of England ascended to the throne in 1199 after a tumultuous accession war with his nephew, Arthur of Brittany, and his ally Phillip II of France. His inheritance was the Angevin Empire, consisting of England, most of Wales and Ireland, and a large swathe of France stretching south to Toulouse and Aquitaine. And yet, this empire was crumbling. It is in this context that one of the greatest legal documents in the world was written.
This coming weekend is the BIALL (British and Irish Association of Law Librarians) conference in Brighton. As always, the event looks to be an engaging two days with an excellent selection of speakers talking around the theme of ‘Collaboration, Co-operation and Connectivity.’ But how well do you know the host city?
In April 1822, sailors from the British warships HMS Iphigenia and HMS Myrmidon, after a brief but fierce fight, captured two Spanish and three French slave ships off the coast of what is now Nigeria. Prize crews sailed the ships to Freetown in Sierra Leone, where the international mixed commission which was competent to hear cases regarding the slave trade decided to liberate the slaves found on the Spanish schooners, as well as those slaves found on a Portuguese ship which the British naval vessels had taken earlier.
In some quarters, the recent indictment by the United States of a number of individuals associated with FIFA has led to an outcry as to the extraterritorial reach of US law. Implicit in the outcry is the suggestion that the United States is unique in the application of its criminal laws.
When Roman censor Appius Claudius Caecus commissioned the city’s first aqueduct in 312 BC, he started a network which would grow to some 500 kilometres and sustain a population of one million. There is no record of the contract awarded, but it likely specified that the Aqua Appia be built mostly underground to protect it from contamination and sabotage. It was kept in use for over 250 years, undergoing various renovations and expansions.
In a letter addressed to President Obama, 26 members of the United States Senate expressed their support for the private sector retirement savings laws adopted in Illinois and California, and also being considered in other states. In particular, the senators asked that the United States Treasury and Labor Departments resolve three legal issues clouding the prospects of these adopted and proposed state laws.