Oxford University Press's
Academic Insights for the Thinking World
Parents of a child diagnosed with a serious illness are immediately required to make decisions about their child’s medical treatment which, in order to save life, may cause pain, unpleasant side-effects and risk damaging their child’s future quality of life. The actions, last summer, of the parents of five year old Ashya King offer just one example of the lengths to which parents will go to secure the best possible treatment for their child […]
Thinking about climate change generates helplessness in us. Our persistent role creating this global catastrophe seems so inevitable as to be predetermined; our will to contain it, or even reach agreement to contain it, feeble.
Conducting business through a company provides tremendous benefits. The price to be paid for these benefits is disclosure – companies are required to disclose substantial amounts of information, with much of this information being disclosed to Companies House. Every day, suppliers, creditors, potential investors, credit agencies and other persons utilise information provided by Companies House to make informed commercial decisions.
Customary international law arises from the practices of nations followed out of a sense of legal obligation. Although long an important source of international law, there continues to be debate and uncertainty about customary international law’s status in the US legal system.
It is, perhaps, unsurprising in a UK General Election year that tax transparency and tax information exchange continue to inform a fair amount of debate at the moment. As it evolves, this debate has demanded a real focus for those working both in International Financial Corporations (IFCs) and in the wider trust sector, with both communities often finding themselves in the frame when it comes to some of the political rhetoric and misinformation relating to secrecy, illicit financial flows and their supposed links with IFCs and trust structures.
I love ebooks. Despite their unimaginative page design, monotonous fonts, curious approach to hyphenation, and clunky annotation utilities, they’re convenient and easy on my aging eyes. But I wish they didn’t come wrapped in legalese. Whenever I read a book on my iPad, for example, I have tacitly agreed to the 15,000-word statement of terms and conditions for the iTunes store. It’s written by lawyers in language so dense and tedious it seems designed not to be read, except by other lawyers, and that’s odd, since these Terms of Service agreements (TOS) concern the use of books that are designed to be read.
Legislating on land rights is an exercise fraught with challenges. States are reluctant and often opposed to any central legislation on the subject viewing such an exercise as an encroachment into their domain.
The infrequency of two high-profile songsters or their representatives going all the way to trial over claims of copyright infringement means that such a case usually receives heightened public scrutiny. This is especially so when mere sampling of the plaintiff’s song is not at issue. In recent years, few cases have drawn more public attention than the dispute between the Marvin Gaye estate and singer/songwriter Robin Thicke and song producer Pharrell Williams, over whether the song “Blurred Lines” infringed Marvin Gaye’s 1977 hit, “Got to Give It Up.”
A peppy beat and bassline. Cowbell. An ecstatic whoop in the background. Make a note, because all these elements now belong to family of Marvin Gaye. Or do they? The recent verdict against Robin Thicke and Pharrell Williams in the ‘Blurred Lines’ case has perplexed followers of the music industry. One might think the ruling was a vindication of the rights of artists, but composers like Bonnie McKee see it differently.
Taiwan easily satisfies the traditional requirements for statehood: a permanent population, effective control over a territory, a government, and the capacity to interact with other states. Yet the realities of global power politics have kept Taiwan from being recognized as such.
Every year on 26 April, the World Intellectual Property Organisation (WIPO) celebrates World Intellectual Property Day to promote discussion of the role of intellectual property in encouraging creativity and innovation. As the recent lawsuit between the Marvin Gaye estate and Pharrell Williams showed, intellectual property law is just as relevant as ever.
Asylum is the protection that a State grants on its territory or in some other place under its control—for instance an Embassy or a warship—to a person who seeks it. In essence, asylum is different from refugee status, as the latter refers to the category of individuals who benefit from asylum, as well as the content of such protection. Recently, there has been renewed interest in the debate on asylum.
It is now commonly recognized by governments that climate change is an issue that must be addressed. The 21st Conference of Parties to the United Nations Framework Convention on Climate Change to be held in Paris in December 2015 is the most high profile example of this, but there are also many examples of governments beginning to craft national and supranational regulatory responses.
The UNIDROIT Principles of International Commercial Contracts, or PICC, were created in 1994 after decades of preparation, against what Oxford author Stephan Vogenauer calls a “romantic background” of a global commercial law, or lex mercatoria. While the UNIDROIT PICC offer a harmonizing global contract law, some objectors may say that as “principles”, they are too vague. Stefan tackles this objection in the video below, and also highlights how some practitioners may be surprised by the contents of the Principles.
When within the European Union the Lisbon Treaty was elaborated, the negotiators easily reached agreement on subjecting the EU to the constraints of the European Convention on Human Rights (ECHR). It seemed to be an anomaly that all the Member States should be subject to the review power of the Strasbourg Court of Human Rights (ECtHR) while the EU itself was exempt from that control procedure.
There have been lots of recent debates, both in the police service and in the news, about the importance of having a diverse workforce. What does that really mean? Senior leaders in policing have called for police forces to positively discriminate in favour of black and ethnic minority officers (BME) in the face of a growing diversity crisis. Nationally, 14% of the population is from black and multi-ethnic communities, compared with 5% of police officers.