![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
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- 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