![Professor Justin Borg-Barthet Professor Justin Borg-Barthet](/img/200x200/staffpages/uploads/s21jb2/JBB.png)
BA (Malta), Dip. Not. Pub. (Malta), LLD (Malta), LLM (Aberdeen), PhD (Aberdeen)
Personal Chair
- About
-
- Email Address
- jborgbarthet@abdn.ac.uk
- Telephone Number
- +44 (0)1224 272436
- Office Address
C46B, Taylor Building
- School/Department
- School of Law
Biography
Justin studied Law and European Studies at the University of Malta. After qualifying as an advocate in Malta, he pursued postgraduate studies at the University of Aberdeen. This was followed by a lectureship at the University of Dundee. He joined the School of Law as a lecturer in 2012.
His research and teaching focus principally on the law of the European Union and Private International Law. The work includes analyses of Strategic Lawsuits Against Public Participation (SLAPP), jurisdictional and choice of law rules in defamation cases, cross-border regulation of companies, and the recognition of same-sex relationships. The unifying theme in this body of work is an exploration of the allocation of decisional power as between individuals, States, and supranational regulators.
Justin is the author of a leading monograph on corporate mobility (The Governing Law of Companies in EU Law (Hart 2012). The book was described as ‘a remarkable analysis of the complex issues resulting from the intersection of private international law of companies and companies' freedom of establishment under the TFEU’ (Behrens (2013) CMLR 1870). Another review says: ‘The book, no doubt, will make an important contribution to the future development of corporate mobility in the European Union…it is highly recommended.’ (Schillig (2014) ELR 151).
Justin regularly acts as a consultant on legal reform relating to his research. He advised the European Parliament on a review of the Brussels IIa Regulation, and was a member of a steering committee advising the European Commission on the possible introduction of legislation concerning the cross-border mobility of companies. He has also advised the UN Office of the High Commissioner for Human Rights, a coalition of press freedom NGOs, the European Parliament and European Commission on the introduction of anti-SLAPP legislation.
His work on the recognition of same-sex relationships was cited with approval in AG Wathelet's Opinion in Case C-673/16 Coman.
Memberships and Affiliations
- Internal Memberships
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- Lead Academic Line Manager
- Member, Executive Committee (Law)
- Convener, Anti-SLAPP Research Hub
- Member, Centre for Private International Law
- External Memberships
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- Member, European Commission Expert Group Against SLAPP (DG Justice and Consumers)
- External examiner, University of Glasgow
- External examiner, University of Dundee
Latest Publications
The EU's Anti-SLAPP Directive:: A Partial Victory for Rule of Law Advocacy in Europe
German Law JournalContributions to Journals: ArticlesAnti-SLAPP Legislation in the UK: Where Are We Now?
Non-textual Forms: Web Publications and WebsitesFrom Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen
Hart, Oxford, Oxford. 336 pagesBooks and Reports: BooksIntroduction
From Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen: Gedächtnisschrift for Professor Jonathan Fitchen. Borg-Barthet, J., Trimmings, K., Yüksel Ripley, B., Živkovic, P. (eds.). Hart PublishingChapters in Books, Reports and Conference Proceedings: ChaptersPrivate International Law as the Final Frontier for Feminist Scholarship?
From Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen: Gedächtnisschrift for Professor Jonathan Fitchen. Borg-Barthet, J., Trimmings, K., Yüksel Ripley, B., Živkovic, P. (eds.). Hart PublishingChapters in Books, Reports and Conference Proceedings: Chapters
Prizes and Awards
Personal Tutor of the Year 2022, Students' Union and University of Aberdeen Excellence Awards
- Research
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Research Overview
Justin's research explores several themes in private international law and EU law. He is able to provide lead supervision across a range of topics relating to his research. His published work explores the balance between individual freedoms and the rights of EU Member States to govern their socio-economic affairs. Publications span several iterations of the problem, including in respect of European company law, defamation, online gambling, and the recognition of same-sex relationships.
Current Research
Justin's current research explores several facets of the prevention of Strategic Lawsuits Against Public Participation (SLAPP) in the European Union. In particular, the work explores how private international law rules can be deployed to suppress freedom of expression. The research was prompted by the redaction and deletion of press reports in an EU member state following vexatious threats of libel suits in jurisdictions in which a legal defence may have been beyond the prospective defendants' means. Justin's academic contributions in this area are accompanied by extensive public engagement with a view to supporting efforts to instigate legal reform.
Supervision
Current Research Students
- Magdalena Zabrocka: Citizenship and Residence by Investment Schemes in the European Union.
- Mohammed Alfalhi: Limited liability in the Kingdom of Saudi Arabia (2nd supervisor).
Completed PhDs and LLMs by Research
- Qusai Alshahwan: Absence of Arbitrator Duty of Disclosure Under the English Arbitration Act 1996 (PhD).
- Benedetta Lobina: The rule of law crisis and its implications for the European Union (LLM by Research with Distinction).
- Lela Melon: Overcoming the Prisoners Dilemma of European corporations (PhD).
- Chukwudi Ojiegbe: The interface between commercial arbitration and the Brussels I regime (PhD).
Funding and Grants
- 2023-24: 'Report on the implications of strategic lawsuits against public participation for guarantees under international law for the exercise of freedom of expression and freedom of assembly', Rule of Law, Equality and Non-Discrimination Branch, Office of the High Commissioner for Human Rights (Co-I to Dr Francesca Farrington).
- 2023: 'Open SLAPP Cases in 2022 and 2023: The Incidence of Strategic Lawsuits Against Public Participation, and Regulatory Responses in the European Union', Policy Department for Civil Liberties, Justice and Home Affairs (LIBE), European Parliament.
- 2022: 'Laying the Foundations for a Restatement of Scots Private International Law', Royal Society of Edinburgh.
- 2021: 'The Use of SLAPPs to Silence Journalists, NGOs and Civil Society', Policy Department for Citizens' Rights and Constitutional Affairs, European Parliament.
- 2020: 'Protecting Public Watchdogs Across the EU: A Proposal for an EU Anti-SLAPP Law', Coalition Against SLAPPs in Europe.
- 2019-20: 'Advice concerning the introduction of anti-SLAPP legislation to protect freedom of expression in the European Union', Article 19, Committee to Protect Journalists (CPJ), European Centre for Press and Media Freedom (ECPMF), Reporters Without Borders (RSF), PEN International.
- 2015-16: ‘The judicial application of EU family law’, Policy Department for Citizens’ Rights and Constitutional Affairs, European Parliament.
- 2015-16: Member of the Steering Group and Country Reporter (Malta) for DG Justice contract JUST/2014/JCOO/PR/CIVI/0051: ‘Study on the law applicable to companies with the aim of a possible harmonisation of conflict of laws rules on the matter’.
- 2014-17: Elphinstone Grant to support the award of a PhD scholarship on 'The Architecture of EU Company Law'.
- Teaching
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Teaching Responsibilities
Course coordinator
- LS 2026 EU Institutions and Law
- LS 4025 Dissertation
- LS/LX 452E Contemporary Legal Issues in European Integration
Lecturer/Tutor
- LS 1025 Legal System
- LS 2532 Private International Law
- LS 25XX Comparative Law II: The Romano-Germanic Tradition
- LS 401Q Private International Law of Commercial Law Honours
- Publications
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Page 1 of 1 Results 1 to 39 of 39
The EU's Anti-SLAPP Directive:: A Partial Victory for Rule of Law Advocacy in Europe
German Law JournalContributions to Journals: ArticlesAnti-SLAPP Legislation in the UK: Where Are We Now?
Non-textual Forms: Web Publications and WebsitesFrom Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen
Hart, Oxford, Oxford. 336 pagesBooks and Reports: BooksIntroduction
From Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen: Gedächtnisschrift for Professor Jonathan Fitchen. Borg-Barthet, J., Trimmings, K., Yüksel Ripley, B., Živkovic, P. (eds.). Hart PublishingChapters in Books, Reports and Conference Proceedings: ChaptersPrivate International Law as the Final Frontier for Feminist Scholarship?
From Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen: Gedächtnisschrift for Professor Jonathan Fitchen. Borg-Barthet, J., Trimmings, K., Yüksel Ripley, B., Živkovic, P. (eds.). Hart PublishingChapters in Books, Reports and Conference Proceedings: ChaptersShould Scotland SLAPP-back? A Comment on the Need for Bespoke Anti-SLAPP Legislation in Scotland
Juridical ReviewContributions to Journals: ArticlesMalta
Elgar Encyclopedia of Comparative Law. Smits, J., Husa, J., Valcke, C., Narciso, M. (eds.). 3 edition. Edward Elgar Publishing Ltd., pp. 9-14, 6 pagesChapters in Books, Reports and Conference Proceedings: Chapters- [ONLINE] DOI: https://doi.org/10.4337/9781839105609.malta
Slapps: inside Europe’s struggle to protect journalists from malicious lawsuits
Contributions to Specialist PublicationsOpen SLAPP Cases in 2022 and 2023: The Incidence of SLAPPs, and Regulatory Responses in the European Union
Committee on Civil Liberties, Justice and Home Affairs (LIBE). 65 pagesBooks and Reports: Commissioned ReportsBriefing Note: Workshop on Developing a Model Anti-SLAPP Law for Scotland
Anti-SLAPP Research Hub: University of Aberdeen: School of Law (Text). 9 pages.Other Contributions: Other ContributionsFreedom of speech: Scotland could derail Europe’s drive to stop rich people silencing journalists
Contributions to Specialist PublicationsAn Anti-SLAPP Curriculum for Lawyers in the European Union
PATFox (Electronic). 51 pages.Other Contributions: Other Contributions“Daphne’s Law”: The European Commission introduces an anti-SLAPP initiative
Non-textual Forms: Web Publications and WebsitesThe legal background of SLAPP cases in Malta
Strategic Lawsuits Against Public Participation (SLAPP) in the European Union: A comparative study. Bayer, J., Bárd, P., Vosyliute, L., Chun Luk, N. (eds.). SSRN, pp. 255-260, 6 pagesChapters in Books, Reports and Conference Proceedings: Chapters- [ONLINE] DOI: https://doi.org/10.2139/ssrn.4092013
The Use of SLAPPs to Silence Journalists, NGOs and Civil Society
Commissioned by European Parliament Committee on Legal Affairs (JURI). Brussels: European Parliament Committee on Legal Affairs (JURI). 64 pagesBooks and Reports: Commissioned ReportsResponse to European Commission Consultation on Digitalisation of Cross-border Judicial Cooperation
. 14 pages.Other Contributions: Other ContributionsMutual Recognition of Companies as an Agency Problem
Research Handbook on the Politics of EU Law. Cardwell, P. J., Granger, M. (eds.). Edward Elgar Publishing Ltd., pp. 300-319, 20 pagesChapters in Books, Reports and Conference Proceedings: ChaptersAdvice concerning the introduction of anti-SLAPP legislation to protect freedom of expression in the European Union
European Centre for Press and Media Freedom. 21 pagesBooks and Reports: Commissioned ReportsProtecting Public Watchdogs Across the EU: A Proposal for an EU Anti-SLAPP Law
Commissioned by European Centre for Press and Media Freedom. Liberties. 48 pagesBooks and Reports: Commissioned Reports- [ONLINE] https://www.liberties.eu/f/zkecf9
The Brussels Ia Regulation as an Instrument for the Undermining of Press Freedoms and the Rule of Law: an Urgent Call for Reform
Working Papers: Working PapersA Captured State: Why the EU has to Intervene Quickly in the Rule of Law Crisis in Malta
Non-textual Forms: Web Publications and Websites- [ONLINE] DOI: https://doi.org/10.17176/20191203-180905-0
- [ONLINE] https://verfassungsblog.de/a-captured-state/
Is a Microstate about to Provide EU Rule of Law with its Van Gend Moment?
Verfassungsblog (Verfassungsblog).Other Contributions: Other ContributionsJurisdictional Barriers to Enforcement
Enforcing Shareholders' Duties. Birkmose, H. S., Sergakis, K. (eds.). Edward Elgar Publishing Ltd., pp. 259-280, 22 pagesChapters in Books, Reports and Conference Proceedings: ChaptersMalta
The Private International Law of Companies in Europe. Gerner-Beuerle, C., Mucciarelli, F., Schuster, E., Siems, M. (eds.). Verlag C.H. Beck, pp. 555-566, 11 pagesChapters in Books, Reports and Conference Proceedings: ChaptersFree Movement of Services and Freedom of Establishment
Studying EU Law in Scotland during and after Brexit. Busby, N., Zahn, R. (eds.). Scottish Universities Legal Network on Europe, pp. 33-36Chapters in Books, Reports and Conference Proceedings: ChaptersCountry Report for Malta: Final report
Study on the Law Applicable to Companies. Gerner-Beuerle, C., Schuster, E., Siems, M., Mucciarelli, F. (eds.). European CommissionChapters in Books, Reports and Conference Proceedings: Chapters- [ONLINE] DOI: https://doi.org/10.2838/527231
The European Union Migration Crisis
Edinburgh Law Review, vol. 20, no. 2, pp. 230-235Contributions to Journals: Articles- [ONLINE] DOI: https://doi.org/10.3366/elr.2016.0346
- [OPEN ACCESS] http://aura.abdn.ac.uk/bitstream/2164/10975/1/THE_EU_MIGRATION_CRISIS.docx
Jurisdiction in matrimonial matters: Reflections for the review of the Brussels IIa Regulation
Commissioned by European Parliament Committee on Legal Affairs (JURI). European Parliament Committee on Legal Affairs (JURI). 37 pagesBooks and Reports: Commissioned Reports- [ONLINE] DOI: https://doi.org/10.2861/513199
Scottish statehood and continued membership of the European Union: do we still have no answers?
Edinburgh Law Review, vol. 19, no. 3, pp. 414-419Contributions to Journals: Articles- [ONLINE] DOI: https://doi.org/10.3366/elr.2015.0305
A Response to Professor Weiler: On Self-Determination and the EU
Scottish Constitutional Futures Forum (http://www.scottishconstitutionalfutures.org/).Other Contributions: Other ContributionsCompany Law in the Single European Market: Trends and Challenges
Fostering Growth in Europe: Reinforcing the Internal Market. Beneyto, J. M., Maillo, J. (eds.). CEU Ediciones, pp. 143-159, 17 pagesChapters in Books, Reports and Conference Proceedings: ChaptersFree at Last?: Choice of corporate law in the EU following the judgment in Vale
International and Comparative Law Quarterly, vol. 62, no. 2, pp. 503-512Contributions to Journals: Articles- [ONLINE] DOI: https://doi.org/10.1017/S002058931300002X
The Principled Imperative to Recognise Same-Sex Unions in the EU
Journal of Private International Law, vol. 8, no. 2, pp. 359-388Contributions to Journals: Articles- [ONLINE] DOI: https://doi.org/10.5235/JPRIVINTL.8.2.359
The Governing Law of Companies in EU Law
Hart Publishing, Oxford. 210 pagesBooks and Reports: BooksBook review of ‘Company Law in Context: Text and Materials by David Kershaw’
Modern Law Review, vol. 74, no. 3, pp. 491-493Contributions to Journals: Reviews of Books, Films and Articles- [ONLINE] DOI: https://doi.org/10.1111/j.1468-2230.2011.856-4.x
A new approach to the governing law of companies in the EU: a legislative proposal
Journal of Private International Law, vol. 6, no. 3, pp. 589-621Contributions to Journals: Articles- [ONLINE] DOI: https://doi.org/10.5235/174410410794046314
European private international law of companies after Cartesio
International and Comparative Law Quarterly, vol. 58, no. 4, pp. 1020-1028Contributions to Journals: Articles- [ONLINE] DOI: https://doi.org/10.1017/S002058930900147X
Online Gambling and the Further Displacement of State Regulation: A Note on PMU v Zeturf
International and Comparative Law Quarterly, vol. 57, no. 2, pp. 417-426Contributions to Journals: Articles- [ONLINE] DOI: https://doi.org/10.1017/S0020589308000249
Situation concerning public information about and involvement in the decision-making processes in the nuclear sector
Commissioned by European Union DG-TREN. EU ReportBooks and Reports: Commissioned Reports