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The Lord Advocate, the Rt Hon James Wolffe, QC, recently wrote to the Scottish Justice Secretary Michael Matheson following the conviction and sentencing of Tanveer Ahmed for the religiously-motivated murder of Asad Shah. His correspondence referred to a ‘gap in the law’ (the Lord Advocate’s lacuna) and reflected ‘the earlier…
This post is an expanded version of his note that appeared in the Press & Journal on Friday 4 November 2016.
Following the decision of 52% of the UK electorate to exit the European Union (EU) on 23 June 2016, Prime Minister Theresa May has been steadfast in her belief…
The High Court decision in Miller (the ‘Brexit case’) was essentially a public law case. The judgment (PDF) addresses the question of whether the royal prerogative can be exercised to repeal vested statutory rights. As is well known, the Court found in the negative. In the Court’s view, therefore, notice…
The justifiability of constitutional judicial review is one of the perplexing questions of constitutional theory. Every generation of constitutional lawyers has struggled with the issue without being able to provide knock-down arguments that would have settled the controversy. In the UK, the adversaries of the two positions are (for…
This post is about a fundamental problem for offshore wind energy. A critical evaluation of offshore wind energy development through its life cycle reveals that there are significant health and safety risks to both workers and other users of the marine space, as shall be explained below. Therefore the offshore…
A version first appeared in Issue 177 of the Scottish Planning & Environmental Law journal (October 2016) at page 104.
On 26 August 2016, the University of Aberdeen hosted a conference about one of the hottest potatoes in Scottish politics at the moment: land law reform. The conference, and a…
Today some of us will go to the movies. A few of us will see the new action thriller called Deepwater Horizon. The movie is the ultimate action thriller, starring Mark Wahlberg as the action hero. However it is no Hollywood tale; rather it is a real-life story, and one…
The prospect of the UK leaving the EU has, as already explored elsewhere on this blog, significant legal implications. So too would the possible repeal of the Human Rights Act 1998, perhaps to be replaced by a Bill of Rights. One implication relates to proposals I put forward in my…
On Monday 13 June 2016 the University of Aberdeen LLB “class of 2016” graduated. This is the text of the Graduation Address by Dr. Catherine W. Ng at that occasion.
Vice-Chancellor, Ladies and Gentlemen:
We are gathered here today to mark a very important milestone in the lives of our…
Introduction
Intellectual Property (“IP”) and climate change laws operate in different legal spaces.
For the former, the World Trade Organization’s TRIPS agreement imposes obligations on states to have IP laws. States pass IP laws which confer private rights, which are enforceable in national court.
For the latter, the UN’s Framework…
