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Southampton Law School

School of Law Research Highlights Spring 2017

Published: 23 February 2017

This paper highlights some of the research being produced by members of the School of Law, and is organised according to the School’s four Research Centres: the Health Ethics and Law network (HEAL), the Institute of Law and the Web (ILAWS), the Insurance Law Research Group (ILRG), the Private and Commercial Law Group (PCL) and the Centre for Law, Policy and Society (CLPS).

HEAL (Health Ethics and Law network)

Dr Adrian Viens (HEAL) (and Prof John Coggon now at Bristol) were commissioned by Public Health England to produce a background paper on public health ethics to complement their revamped Public Health Knowledge and Skills Framework (PHKSF). They recently presented it at the launch of the PHKSF in London and they hope it will set the ground for future collaborations with Public Health England - further bolstering the research Adrian is developing on public health ethics.

The work will directly lead to shaping how members of the UK public health workforce approach their work. The work ties in to the monograph just published (Coggon, Syrett and Viens, Public Health Law, Routledge, 2017), as well as research papers and model curricula that will also be produced. This work has also been supported through an ERSC Impact Acceleration Award.

Members have also had papers recently published:

Natasha Hammond-Browning: Altruistic anonymous uterus donation – altruism at the highest level? Bionews , 21st November 2016.

Claire Lougarre: ‘Promoting Universal Health Coverage through the right to health to protect non-nationals’ access to affordable healthcare’ (2016) 28(2) Health and Human Rights , pp. 35-47.

Hazel Biggs: Judgment 2— R (on the Application of Axon) v Secretary of State for Health [2006] EWHC 37 (Admin) in Smith et al (eds) Ethical Judgements: Re-writing medical law , Hart Publishing, Jan 2017, pp45-51.

Hazel Biggs, Living and Letting Die: Harmful Intentions and the Best Interests of Anthony Bland, in Smith et al (eds) Ethical Judgements: Re-writing medical law , Hart Publishing, Jan 2017, pp77-83.

ILAWS (Institute of Law and the Web)

Sophie Stalla-Bourdillon and Eleonora Rosatti (ILAWS) are working on various projects connected to ILAWS and intellectual property, particularly in the context of EU regulation of copyright and the InfoSoc Directive.

Sophie Stalla-Bourdillon is a member of a Council of Europe working party investigating liability of internet intermediaries having been invited to join the group on the basis of her published work. All of the projects are connected to published work and forthcoming publications.

Papers recently published by Centre members include:

Eleonora Rosati, Why a Reform of Hosting Providers’ Safe Harbour is Unnecessary under EU Copyright Law (2016) 38(11) EIPR 669-677.

Eleonora Rosati, International Jurisdiction in Online EU Trade Mark Infringement Cases: Where is the Place of Infringement Located? (2016) 38(8) EIPR 482-491.

Eleonora Rosati, Arnold J Rules that Shape of KitKat Chocolate Bar Cannot Be Registered as a Trade Mark 11(8) JIPLP 577-578 ( Société des Produits Nestlé SA v Cadbury UK Ltd [2016] EWHC 50 (Ch)).

Emma Cradock, Sophie Stalla-Bourdillon and David Millard : Nobody puts data in a corner? Why a new approach to categorising personal data is required for the obligation to inform . (2016) Computer Law & Security Review (Jan).

Sophie Stalla-Bourdillon, Eleonora Rosati, Karmen Turk, Christina Angelopoulos, Aleksandra Kuczerawy, Miquel Peguera, Martin Husovec: An academic perspective on the copyright reform (2017) Computer Law & Security Review , 33(1).

Sophie Stalla-Bourdillon, Internet intermediaries as responsible actors? Why it is time to rethink the e-Commerce Directive as well…. In, Floridi, Luciano and Taddeo, Mariarosaria (eds.) (2017) The Responsibilities of Online Service Providers . Cham, CH, Springer International Publishing. (Law, Governance and Technology Series, 31).

ILRG (Insurance Law Research Group)

James Davey and Johanna Hjalmarsson of the Insurance Law Research Group are leading work on projects relating to flood insurance, the insurance implications of autonomous vehicles and the connections between big data and insurance.

One of these projects relates to flood insurance and Davey and Hjalmarsson have developed contacts with the government department for Business Innovation and Skills and have submitted written evidence to the relevant Parliamentary committee. Published work from this group has also been cited in jurisprudence and is thereby helping to shape the common law which will have a social and economic impact.

PCL (Private & commercial Law) and the Institute of Maritime Law (IML)

Members of these research groups are involved in projects arising from externally funded research, including those with associated PhD students, and involve collaborations with researchers across the university. Included amongst these are projects on:

  • Autonomous systems which involve work with the European Defence Agency (Mikis Tsimplis). Two papers have been submitted on this project, which has the potential to influence policy and regulation. The IML is the UK group working in this area and Mikis Tsimplis is hoping to collaborate with colleagues in Finland.
  • Echo 2 – a funded project including doctoral research that has the potential to influence EU policy on carbon capture and storage (CCS)
  • Piracy and the rights of sea-farers – a project by Hilton Staniland that is influencing the international regulation and response to the problem of modern day piracy.

Papers recently published by Centre members include:

Andrew Serdy: “The Other Australia/Japan Living Marine Resources Dispute: Inferences on the Merits of the Southern Bluefin Tuna Arbitration in Light of the Whaling Case”, (2017) 1 Brill Research Perspectives [in] The Law of the Sea 1-91.

Andrew Serdy: “The Shaky Foundations of the FAO Port State Measures Agreement: How Watertight is the Legal Seal against Access to Ports for Foreign Fishing Vessels?”, (2016) 31 International Journal of Marine and Coastal Law 422-441.

Meixian Song, ‘Crew Negligence and ‘Civil’ Liabilities in Carriage by Sea from a Comparative Aspect- Chinese Law and English Law’, Maritime Law in China Emerging Issues and Future Developments (Informa-Routledge, 2016) chapter 3.

Meixian Song and Johanna Hjalmarsson: The Insurance Act 2015 and marine insurance. (2016) 16 Shipping and Trade Law , (7) 1-3.

Meixian Song: Cause and effect: the perils of crime and punishment. (2016) 16 Shipping and Trade Law , 16 (7) 5-7.

Meixian Song: Measure of Damages under Time Charterparties, (2016) 22 JIML .

Yvonne Baatz, Chapter 12, “An English jurisdiction clause in a bill of lading: construction and consequences of breach” in Maritime Law in China Emerging Issues and Future Developments edited by Johanna Hjalmarsson and Jingbo Zhang, Routledge, 2017, ISBN 978-1-138-66613-9.

Yvonne Baatz, Chapter 15 “Jurisdiction” in F. Lorenzon, CIF and FOB Contracts , Sweet & Maxwell, Sixth edition, 2017.

Yvonne Baatz, Chapter 16 “Governing Law” in F. Lorenzon, CIF and FOB Contracts , Sweet & Maxwell, Sixth edition, 2017.

Yvonne Baatz, "How will Brexit affect exclusive English jurisdiction agreements?” 2016 Shipping and Trade Law .

CLPS (Centre for Law Policy & Society)

This centre encompasses the work of a large number of members of the Law School. Projects include:

  • Criminal Justice Policy (Harry Annison) this project is founded on postdoctoral research relating to government policy in relation to prisons and is already being disseminated widely through the media Listen to the Radio 4 How Not to Do It
  • Sexual consent in criminal law (David Gurnham): an on-going project, jointly funded by the ESRC Impact Acceleration Account and the Public Engagement with Research unit, which uses focus groups and workshops with young people to research how sexual consent is understood and perceived.
  • Housing policy – various projects under development by Sarah Nield and Emma Laurie have the potential to generate impact at the level of national and local policy and regulation.
  • Land ownership and harmonisation across Europe is a long term funded project led by Peter Sparkes and Mark Jordan.

Papers published by Centre members include:

Harry Annison: ‘Interpreting Influence: Towards reflexivity in penal policymaking?’ in Armstrong, Blaustein and Henry (eds) Reflexivity and Criminal Justice Basingstoke: Palgrave (2017).

Oche Onazi: Locality, Human Interdependence and Participation: Resisting the Apathy and Antipathy for Community in Human-Rights and Development Discourse: in Adelman S and Paliwala A (eds.) Beyond Law and Development: Resistance, Empowerment and Social Justice , Routledge, forthcoming.

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