Law Archives | OUPblog

Oxford University Press's
Academic Insights for the Thinking World

Law

The agonies of the Multilateral Trading System

By Mathias Kende

As of late, the Multilateral Trading System has been beset by several serious agonies. The symptoms have been obvious. The 11th Ministerial of the World Trade Organization (WTO), which took place in December 2017 in Buenos Aires, has demonstrated that the WTO’s rule-making function is no longer performing as expected: with the exception of a shared willingness to collectively and constructively work further on the issue of disciplining fishery subsidies, it did not result in any new normative multilateral outcome. Likewise, the WTO’s dispute settlement function has been affected by a stalled selection process for its new judges. If this situation persists, the WTO might cease to be the Multilateral Trading System’s final legal arbiter.

World Intellectual Property Day quiz

By Sophie Power

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 demonstrated by French shoemaker Christian Louboutin’s recent appeal to the European Court of Justice to determine the validity of the trademark protecting the famous red sole, intellectual property law is as relevant as ever. Do you know your rights as a creator?

The choppy waters of beach ownership: a case study

By Gregory S. Alexander

Martins Beach is a spectacular stretch of coastline south of Half Moon Bay in San Mateo County, California. It is a well-known fishing spot, a family picnic destination, and a very popular surfing venue. For nearly a century, the owners of the beach allowed visitors routinely to access the beach using the only available road. In 2008, billionaire Vinod Khosla bought Martins Beach and the surrounding property. After two years of complying with the county’s request to maintain access to the beach, Khosla permanently blocked public access. A California environmental organization filed suit against the property owner.

Impunity for international criminals: business as usual?

By Kriangsak Kittichaisaree

The shocking images capturing the atrocities of armed conflicts in Syria have so shocked the world that, in March 2011, the UN General Assembly set up the International Impartial and Independent Mechanism (IIIM) to assist in the investigation and prosecution of those responsible for the most serious crimes under international law committed in Syria. The most serious crimes under international law are generally understood to be acts of genocide, crimes against humanity, and war crimes. The international support for the IIIM gained traction after the reported confirmation that chemical weapons had been used in Syria.

The real price of legitimate expectations

By Dr Alexander Brown

In early February, the British Legal Aid Agency (LAA) agreed to provide funds to the families of people killed in the 1982 Hyde Park bombing as they pursue a civil lawsuit against the main suspect in the case, John Downey.

The Church of the Holy Sepulchre and Jerusalem’s property tax

By Edward A. Zelinsky

hen is a property tax dispute between a church and a municipality an international controversy? When the church is the Church of the Holy Sepulchre and the municipality is the city of Jerusalem. The Church of the Holy Sepulchre is one of the holiest sites in Christianity. The Church takes its name from what is traditionally believed to be the tomb of Jesus located within the Church.

What is allowed in outer space?

By Christopher D. Johnson

Humanity is no longer just exploring outer space for the sake of leaving flags and footprints. On February 6, the SpaceX Corporation conducted a successful first flight of its Falcon Heavy rocket, capable of carrying 63,800 kg (140,700 lb) to Low Earth Orbit (LEO), a capability not seen since the Apollo era. As the rocket’s reusable stages can be refueled and reflown, this rocket is a significant innovation and not merely a return to past capabilities.

The untold story of ordinary black southerners’ litigation during the Jim Crow era

By Melissa Milewski

Discover how Henry Buie, Moses Summerlin, Lurena Roebuck, and almost a thousand other black soutnerners managed to successfully litigate civil cases against white southerners throughout the 85 years following the Civil War. Many different tactics needed to be deployed during this period of injustice, and in a system where those in power often had very different interests and perspectives than their own.

Corporate governance from a federal law perspective

By Marc I. Steinberg

Traditionally, American states have regulated the sphere of corporate governance, encompassing the relations among and between a corporation, its directors, its officers, and its stockholders. With respect to publicly-held companies, Delaware, known as the jurisdiction with an expert judiciary in company law, sound precedent and legislative flexibility, reigns supreme as the state where the greatest number of such enterprises incorporate.

Addressing international law in action

By Jo Wojtkowski

The 112th American Society of International Law’s annual meeting (4-7 April 2018) will focus on the constitutive and often contentious nature of ‘International Law in Practice’. Practice not only reifies the law, but how it is understood, applied, and enforced in practice shapes its meaning and impacts the generation of future international rules.

The OUP citizenship quiz

By Kate Roche

Far from fading into obscurity as the world moves towards a more interconnected and globalized future, the concept of citizenship is enjoying something of a renaissance. It is an almost constant feature in world news, as nations move to secure their positions by either welcoming or denying new citizens to cross their borders, and the contentious issue of citizenship for sale gains evermore traction.

The political process case to overturn Quill v. South Dakota

By Edward A. Zelinsky

By deciding to review Wayfair v. South Dakota, the US Supreme Court has thrust itself into the long and contentious debate about the proper tax treatment of internet sales. As I argue, the Court should use this opportunity to overturn Quill v. North Dakota.

In 2018, the CJEU will determine the future of the Internet

By Dan Svantesson

In its amicus brief submitted in relation to the US Microsoft Warrant case, the European Commission emphasised that: “In the European Union’s view, any domestic law that creates cross-border obligations should be applied and interpreted in a manner that is mindful of the restrictions of international law and considerations of international comity.” (Amicus brief, p. 5)

Barristers, solicitors, and the Four Inns of Court of England

By Richard Samuel

After many years of attempting to explain the need for two kinds of lawyer in the United Kingdom to exasperated and confused European colleagues – and even US ones – I have lighted on the following language. Solicitors are a primary market of legal services. They are profit-sharing organisations in which senior lawyers manage teams of junior lawyers to do almost everything their clients want.

Will common law dispute resolution bring banks to Paris after Brexit?

By Richard Samuel

The European continent operates a legal system derived from the Napoleonic Code, first enacted in 1804. Napoleon was, I venture to point out, and without meaning to be too critical, a revolutionary dictator. He gathered four eminent jurists together and, as dictators are wont to do, ordered that they produce an all-encompassing system of law for his judges to administer to the nation. .

Saving Butch Cassidy’s charitable legacy

By Edward A. Zelinsky

Paul Newman died in 2008, leaving behind a wonderful legacy of films and philanthropy. Of his many iconic movie roles, my favorite is Butch Cassidy. Unfortunately, Mr. Newman’s death in real life triggered a tax problem which now threatens his charitable bounty. Congress almost solved this problem in the new tax law passed in December 2017 but, at the last minute, failed to do so.