NEW: 2018 Spring Research Highlights

Members of the Institute for Law and the Web are co-organising a conference with the Shanghai Jiao Tong University (China) on ‘The Sharing Economy in China: Regulation or De-regulation for Innovation?’, to be held in Shanghai Jiao Tong University late March 2018.

Dr Sophie Stalla-Bourdillon (director of the Institute) has co-edited a book with Juliette Senechal entitled Rôle et Responsabilité Juridiques des Plateformes en Ligne: Approche(s) Transversale(s) ou Approches Sectorielles? (IRJS Editions, in press), in which she has written a chapter on ‘Qui sonne le glas des intermédiaires de l’Internet’. She is currently writing commentaries on Articles of the GDPR, in the book entitled Commentary on European Data Protection Regulation, edited by I. Spiecker gen. Döhmann, V. Papakonstantinou, G. Hornung and P. de Hert (Nomos, forthcoming).

Dr Eleonora Rosati published various papers recently. Dr Rosati’s paper on ‘Non-Commercial Quotation and Freedom of Panorama: Useful and Lawful?’ was published in the Journal of Intellectual Property, Information Technology and Electronic Commerce Law in 2017; and her paper on The CJEU Pirate Bay Judgment and Its Impact on the Liability of Online Platforms was published in the European Intellectual Property Review in 2017. Dr Eleonora Rosati also published three research pieces in the Journal of Intellectual Property Law & Practice that same year: The Monkey Selfie Case and The Concept of Authorship: An EU Perspective (2017); Why the CJEU Cheese Copyright Case is Anything but Cheesy (2017); ‘Italian Supreme Court Confirms Eligibility of TV Formats for Copyright Protection’ (2017).

Dr Rosati contributed a chapter entitled ‘L’Opérateur de Plateforme en Ligne et les Droit d’Auteur - Regulating the Transmission of Digital Content through Copyright’ to a book on Rôle et Responsabilité Juridiques des Plateformes en Ligne: Approche(s) Transversale(s) ou Approches Sectorielles? edited by J Senechal and S Stalla-Bourdillon (IRJS Editions, in press).  Dr Rosati also contributed a chapter on ‘The Role of Licensing’ to the book Research Handbook on Intellectual Property and Digital Technologies edited by T Aplin (Edward Elgar, forthcoming). She also wrote a chapter on ‘IP Disputes Suitable for Mediation: Copyright’, in the book edited by S Bonne - G Humphreys - T Margellos - S Stürmann entitled Mediation: Creating (and Distributing) Value in International IP Disputes (Kluwer International, forthcoming). Another chapter to which Dr Rosati recently contributed is ‘To What Extent Do Current Exclusions and Limitations to Copyright Strike a Fair Balance between the Rights of Owners and Fair Use by Private Individuals and Others? - UK Report’, published in LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition (Springer, forthcoming). Dr Eleonora Rosati has presented various conference papers since August 2017 in Jamaica, Belgium, Italy, Cyprus, Sweden, France, the USA and the UK. Most recently, she discussed ‘Copyright Reform in the EU and US: What Business Leaders Need to Know’ as a panellist at NY:LON CONNECT in New York City (USA). Finally, Dr Eleona Rosati recently obtained a Wikimedia’s Free Knowledge Advocacy Group EU Grant Program (output).

The Centre for Law, Policy and Society was formed last year. It will hold its second Annual Ganz Lecture on 25 April 2018, with Professor Nick Hardwick CBE (Parole Board of England and Wales and Royal Holloway University of London) as invited speaker.

Dr Harry Annison (co-director of the Centre) has recently published two papers. One of them, entitled ‘The Policymakers’ Dilemma: Change, continuity and enduring rationalities of penal policymaking’, was published in 2017 by the British Journal of Criminology Online First. The second, entitled ‘Tracing The Gordian Knot: Indeterminate-sentenced prisoners and the pathologies of English penal politics’, was published in 2018 by the Political Quarterly. Dr Harry Annison also wrote a chapter on ‘Interpreting Influence: Towards reflexivity in penal policy?’ in the book Reflexivity and Criminal Justice edited by Armstrong, Blaustein and Henry (Palgrave, 2017).

Dr Annison presented a paper on 'Decentring the Ministry/s of Justice' at the European Society of Criminology Annual Conference in Cardiff, in September 2017. Finally, Dr Harry Annison obtained a book contract as editor, altogether with Meijer and O’Loughlin, on ‘Fundamental Rights and Legal Consequences of Criminal Conviction’ (Hart, forthcoming). Dr Annison was also awarded Southampton Law School Impact Fund for 'The Secondary Pains Of Indeterminate Imprisonment: Policy Briefing And Stakeholder Engagement’, a project he will lead with Dr Rachel Condry from Oxford University (January-July 2018).

Dr Alun Gibbs (co-director of the Centre) wrote an article on 'Theorizing Transformative Constitutional change and the Experience of Latin American Constitutionalism', which was published in Law, Culture and the Humanities (2017). His article on 'End of the Conversation or Recasting Constitutional Dialogue?' will soon be published in the International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique. Dr Gibbs also presented a paper on 'The Implementation of the Colombian Peace Accords - A study of legal actors role in transitional justice' at La Paz es Ahora Conference, held at the University of Newcastle in September 2017. Dr Gibbs’ collective bid participation in the Onati Institute in Spain has been accepted and a workshop on 'Populism and Constitutionalism' will be held as a result in April 2018.

Dr Sara Benedi Lahuerta has published a policy paper and policy brief for the project ‘Rethinking EU Equality Law’, which was published in October 2017. The project is funded by the Economic and Social Research Council Impact Acceleration Accounts, at Southampton and Warwick, Warwick's Institute of Advanced Study, the Society of Legal Scholars, and the Southampton Law School Centre for Law, Policy and Society. Dr Benedi Lahuerta presented various conference papers recently. Most recently, she presented a paper on 'Enforcing Equality Law in European Jurisdictions: Can collective redress overcome the limits of the individual enforcement model?' at the Labour Law Research Network Biannual Conference in Toronto, in June 2017.

Professor David Gurnham recently wrote the ‘Law and Humanities editorial’ for the journal Law and Humanities (2018). Professor Gurnham has also written a paper on 'Ched Evans, Rape Myths and Medusa’s Gaze: a story of mirrors and windows', which will soon be published in the International Journal of Law in Context. Professor Gurnham, Dr Annison and Mr Telford discussed their briefing paper for stakeholder roundtable on 'Young people’s perceptions of sexual consent: implications for policy and practice?’ at Southampton in December 2017.

Mark Jordan’s article ‘Illegality and the law of Fast-Fish and Loose-Fish’ was recently published in the Irish Jurist (2017). Mr Jordan also wrote two book chapters recently. One is entitled ‘The British assured shorthold tenancy in a European context: Extremity of tenancy law on the fringes of Europe’, and is published in the book Tenancy Law and Housing Policy in Europe: Towards Regulatory Equilibrium, edited by C. Schmidt (Edward Elgar, 2017). The other chapter to which Mark Jordan recently contributed is entitled ‘To learn and to forget: assessing the impact of the Mortgage Credit Directive in the Republic of Ireland’, and is published in the book Essays on the Mortgage Credit Directive edited by M. Anderson (Europa Law Publishing, 2017).

Dr Emma Laurie recently co-authored a paper with Chris Bevan on 'The Housing and Planning Act 2016: Rewarding the Aspiration of Homeownership?', which has been published in the Modern Law Review (2017).

Professor Sarah Nield’s article on ‘The Dynamics of Enduring Property Relations in Land’ has been published in the Modern Law Review (2018). Professor Nield also co-authored the book Land Law Core Text with Professors Ben McFarlane and Nicholas Hopkins (OUP, 2017). Professor Nield recently contributed a chapter entitled 'Secured Credit in England’ to the book The Impact of the Mortgage Credit Directive in Europe: Contrasting Views from Member States, edited by M. Anderson and E. Arroyo Amayuelas (Europa Law Publishing, 2017). She also wrote a chapter on ‘Proportionality and the Vindication of Property Rights’ in the book Modern Studies in Property Law (Vol 9) edited by H. Conway and R. Hickey (Hart, 2017).

Dr Oche Onazi has written a book on Beyond Law and Development: Resistance, Empowerment and Social Justice, which will soon be published by Routledge (forthcoming, 2018).

Dr Megan Pearson’s monograph Proportionality, Equality Laws and Religion was published in 2017 by Routledge.

The Institute of Maritime Law held its 35th Donald O'May Lecture in Maritime Law in November 2017 at the Law Society, in London. The speaker, Rt. Hon. Lord Justice Gross, talked about ‘A good forum to shop in: London and English Law post-Brexit’.

Professor Andrew Serdy (director of the Institute) has recently published two papers. One of them is entitled ‘Pacta Tertiis and Regional Fisheries Management Mechanisms: the IUU Fishing Concept as an Illegitimate Short-Cut to a Legitimate Goal’, and was published by Ocean Development and International Law (2017). The second paper is entitled ‘Election of Seven Judges of the International Tribunal for the Law of the Sea’, and was published by the Asia-Pacific Journal of Ocean Law and Policy (2017). Professor Andrew Serdy also wrote a chapter on ‘Public International Law Aspects of Global Shipping Regulation’, in the book Maritime Law edited by Professor Yvonne Baatz (4th edition, Informa Law from Routledge, 2017).

Professor Serdy recently presented a paper on ‘The Jurisdiction of the International Court of Justice to Delimit the Continental Shelf Boundary with Colombia more than 200 Miles off Nicaragua: Do Two Wrongs Make a Right?’, at the 9th Conference of the International Hydrographic Organisation and International Association of Geodesy Advisory Board on the Law of the Sea, at Monaco (October 2017). Professor Serdy also presented a paper on ‘Ship Registration and Brexit’ (with Richard Coles), at the Oslo-Southampton-Tulane Maritime Law Colloquium held at Miraflores Locks (Panama) in October 2017.

Professor Yvonne Baatz has edited the book Maritime Law (4th edition, Informa Law from Routledge, 2017), in which she wrote two chapters, one entitled ‘The Conflict of Laws’ and one entitled ‘Charterparties’. Professor Baatz also co-authored a paper on ‘Brexit: adjusting the sails’, published in Shipping and Trade Law (2017).

Dr Johanna Hjalmarsson’s paper ‘Reversion to the norm: the binary end games of charterparties' was accepted in the Lloyd's Maritime and Commercial Law Quarterly, and will be published in 2018. Dr Hjalmarsson also contributed a chapter on ‘Marine Insurance’ (co-authored with Dr Ozlem Gürses) to the book Maritime Law edited by Professor Yvonne Baatz (4th edition, Informa Law from Routledge, 2017). Dr Johanna Hjalmarsson published various articles in Shipping and Trade law in 2017, the most recent being on ‘The New Flamenco: Defining Mitigation of Loss’.

Dr Meixan Song recently wrote a paper on ‘Measure of Damages and Mitigation Under Time Charterparties’ in The Journal of International Maritime Law (2017). Dr Song also presented various conference papers recently, the most recent being on ‘Effects on Charter Parties and Business Models from the Legal Perspective’, presented at the Sea Traffic Management Activity workshop, in Valencia (Spain) in May 2017. Dr Song also obtained Southampton Law Strategic Research Funding to carry out research on China’s policy ‘One Belt One Road’ and its ‘Maritime Silk Road’ during the summer 2017, in cooperation with Zhejiang University, Guanghua Law School.

Professor Paul Todd has recently published three papers in the Lloyd's Maritime and Commercial Law Quarterly: ‘Commodity sales and the compensatory principle’ (2017); ‘Hague Rules and burden of proof’ (2017); and ‘Punctual payment of hire: condition or innominate term?’ (2017). Professor Todd’s paper on ‘Damages for breach of an arbitration agreement’ will be published shortly in the Journal of Business Law. Professor Paul Todd has also presented a paper on ‘Who decides on the validity of an arbitration clause?’ at the Institute of Maritime Law's conference, which was held in January 2018 on the theme 'London - a safe haven for resolving disputes?'.

The Centre for Private and Commercial Law is an umbrella collective of researchers whose specialisms include corporate, commercial, property and insurance law. The Centre hosted a seminar on ‘Contract: Outside In?’ with the kind support of Quadrant Chambers in January 2018. Speakers included Professor Daniel Schwarcz (University of Minnesota), Professor David Campbell (Lancaster University), and Professor Sarah Nield (University of Southampton).

Professor James Davey has contributed a chapter entitled ‘A compulsory diet of chickens and eggs: the EU motor insurance directives as a shadow tort regime’ to the book Research Handbook on EU Tort Law edited by P. Giliker (Edward Elgar, 2017).

Professor Brenda Hannigan recently wrote three book chapters. Professor Hannigan contributed a chapter entitled ‘Public interest in the regulation of the small private limited company – the dwindling role of mandatory rules in English company law’, to the book The Changing Landscape of Corporate Law in New Zealand edited by S. Watson (Centre for Commercial and Corporate Law Inc. University of Canterbury, 2017). She also contributed a chapter entitled ‘The Rise of Stewardship - 'Smoke and Mirrors' or Governance Realignment?’, to the book Festschrift fuer Theodor Baums zum siebzigsten Geburtstag (Mohr Siebeck, 2017). Finally, Professor Hannigan wrote a chapter on ‘Empire-building: the rise of the audit committee’, in the book Innovations in Corporate Governance, Global Perspectives edited by S. Watson and P.M. Vasudev (Edward Elgar, 2017). Professor Brenda Hannigan recently presented a paper on ‘Companies Act 2006, Part 11: The Irrelevant Derivative Claim?’ at the conference ‘Ten Years of the Companies Act 2006: Post-crisis and Pre-Brexit’ held in Manchester by the Centre for Private and Commercial Law, University of Manchester and Queen Mary School of Law (June 2017).

Dr Hedvig Schmidt contributed a chapter on ‘Taming the Shrew: Is there a need for a new Market Power Definition for the Digital Economy’ to the book Competition Law For the Digital Economy edited by B. Lundqvist and M. Gal (Edward Elgar, forthcoming). Dr Schmidt recently presented a paper on ‘Fantastic Beasts and how to deal with them under the Competition rules’ at an event on ‘Competition Law in a Global Context: Analysing the Trans-Atlantic Divide’, at University of Leeds (September 2017). Dr Schmidt has also presented a paper on ‘Brexit, myths and realities, a legal perspective’ at Fabian Society (Southampton) in January 2018.

Professor Peter Sparkes’ paper Drafting (and redrafting) comparative property questionnaires was recently published by the Utrecht Law Review (2018). Professor Sparkes also submitted an article entitled ‘HM Land Registry: Public or Private?’, which will be published in the IPRA-CINDER Journal  in 2018. Professor Sparkes recently wrote a chapter on ‘What is mortgage credit’, in the book The Impact of the Mortgage Credit Directive 2014/17/EU : Views from Greece, Ireland, Malta, Poland, Portugal, The Netherlands and Spain (Europa Law Publishing, 2018). Professor Peter Sparkes has presented various conference papers recently, the most recent one being on ‘Levelling Land Holdings: the Ineffectiveness of the Universal Franchise’, at the Montaigne centre in the University of Utrecht (November 2017).