Student Law Journal (LJMU)
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    34 research outputs found

    The Contributions of the Role of Independent Directors to the Corporate Governance Regimes of the United Kingdom and the United State

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    Independent directors have become a central pillar of corporate governance reforms in both the United Kingdom and the United States, intended to mitigate agency problems, strengthen board oversight, and enhance accountability. Regulatory frameworks such as the UK Corporate Governance Code 2024 and the Sarbanes-Oxley Act of 2002 reflect a shared belief that board independence is essential for effective corporate monitoring. However, this paper critically evaluates whether independent directors have, in practice, made a useful contribution to corporate governance outcomes in either jurisdiction. Drawing on a comparative doctrinal analysis and detailed case studies, the paper demonstrates that formal independence has not consistently translated into effective oversight. Post-reform corporate failures, including Carillion and Patisserie Valerie in the UK, and Wells Fargo and Boeing in the US, occurred under fully compliant governance regimes dominated by independent directors. These cases reveal a persistent gap between regulatory design and practical performance. Independent directors were frequently constrained by reliance on management-controlled information, limited industry-specific expertise, structural and social bias, and appointment processes influenced by executives. The paper argues that independence in form does not guarantee independence in substance. While empirical evidence shows that independent directors can contribute positively where they are genuinely engaged, informed, and competent, their effectiveness is undermined by structural weaknesses embedded within current governance frameworks. It is therefore argued that the continued regulatory emphasis on formal independence is insufficient. Meaningful reform requires a shift from formal independence criteria towards functional independence, emphasising access to information, relevant expertise, and genuine capacity to challenge executive power. Without such reforms, independent directors risk remaining symbolically central but practically ineffective within modern corporate governance regimes

    Cryptocurrency Payments in International Contracts: Legal and Arbitration Challenges

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    The rise of cryptocurrency has revolutionised value exchange and contractual execution in international trade. This article assesses whether existing legal and arbitral frameworks adequately ensure certainty, fairness, and enforceability in international cryptocurrency contracts. Employing doctrinal and comparative legal analysis, it examines the legal and regulatory framework of crypto-assets and smart contracts across jurisdictions in both the Global North (including the UK and the EU) and the Global Majority (such as India and Iran). Within some evaluations of regulatory approaches, such as UNIDROIT and MiCA, the research finds that while some jurisdictions in the Global North have made progress in establishing regulatory frameworks that recognise crypto-assets as property and promote the enforceability of smart contracts, they still face significant challenges. These obstacles are even more pronounced in Global Majority countries, where regulatory strategies tend to be prohibitive or fragmented. Decentralised innovations like Decentralised Finance (DeFi) and Decentralised Autonomous Organisations (DAOs) further complicate governance and cross-border recognition. The article also investigates the impact of international arbitration, particularly under the New York Convention and UNCITRAL Model Law. The findings reveal that, while these instruments support cross-border enforcement, they face challenges inherent to cryptocurrency, including issues with arbitration agreements, pseudonymity, public policy objections, and the volatility of damages. Blockchain’s decentralised structure further complicates the determination of an arbitral seat. Although crypto arbitration platforms are emerging as an innovative potential, their lack of connection to national legal systems renders them largely unenforceable. Integrating digital currencies into domestic legal frameworks may mitigate these concerns; however, effectiveness hinges on global acceptance, which remains fragmented across jurisdictions. In conclusion, the findings submitted that, despite notable progress, considerable gaps remain in both legal and arbitral frameworks concerning cryptocurrency. The key recommendations are to harmonise international legal and arbitral frameworks, establish more explicit rules for blockchain evidence, enhance privacy protections, and adopt hybrid arbitration methods that combine decentralised approaches with established practices. These measures aim to strengthen regulatory cooperation and ensure stability in cross-border cryptocurrency transactions

    Right to Health, Securitisation of Migration and Standards of Immigration Detention in South Africa and Australia

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    Several countries employ immigration detention (ID) to deter the influx of asylum seekers, refugees, and irregular migrants and South Africa and Australia are no exception. The result follows that globally, tens of thousands of people are detained due to their immigration status, despite the well-established fact that ID negatively impacts the health and well-being of detainees and should only be used as a last resort. This study considers the broad range of international and African regional human rights instruments and treaty protections that create the framework for regulating migration and protecting the fundamental human rights (including health) and freedoms of immigration detainees. It further dives into the realities of health rights in ID in South Africa and Australia, measured against the theoretical framework of these governments’ duties to ‘respect, protect and fulfil’ detainees’ right to health and maintain normative immigration detention standards. Non-compliance with this international human rights framework is pointed out, and positive steps towards meeting state obligations are proposed.&nbsp

    Child Rights for Primary Children

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    This poster was created for the third-year undergraduate Family and Child Law module at LJMU. It explains children’s rights in a way that primary school pupils can understand

    My Rights, My Voice!

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    This poster was created for the third-year undergraduate Family and Child Law module at LJMU. It explains children’s rights in a way that primary school pupils can understand

    Every Child has Rights: Understanding the UN Rights for Children

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    These posters were created for the third-year undergraduate Family and Child Law module at LJMU. The first one explains children’s rights in a way that young children can understand. The second poster is aimed at older children

    The Ethics and Legality of Assisted Dying: A Critical Analysis of Regulatory Frameworks, Human Rights Implications, and Impact on Vulnerable Groups

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    This study considered the contentious issue of legalising assisted dying in the United Kingdom (UK), examining arguments for and against, analysing legal frameworks in the UK, Canada, the Netherlands, and Oregon, and considering the influence of human rights on the debate. This research aimed to propose recommendations regarding the potential legalisation of assisted dying in the UK and its scope. The study critically assessed various perspectives, revealing the multifaceted nature of the debate. Despite attempts to change legislation, the UK’s legal framework has remained mostly unchanged, with minimal prosecutions for assisted dying. The experience of other jurisdictions that have legalised assisted dying have been mostly positive but are not without criticism. The Netherlands allows for children as young as 12 to receive assistance and Canada has very permissive guidelines, allowing for patients with non-terminal illnesses, and soon mental illnesses, to request assisted dying. Despite several cases arguing that prohibitions on assisted dying infringe human rights, it has been held that they are not disproportionate. The impact on vulnerable groups was found to be minimal without increased risks compared to the general population. The findings of this project indicate the need for careful consideration of assisted dying to ensure all views are considered, the frameworks of other jurisdictions are learned from, and vulnerable populations are respected and protected. It is recommended that assisted dying be legalised in the UK in limited circumstances for people with terminal illnesses, and slowly expanded over time. &nbsp

    Economic and Social Rights and Liberal Democracy: Challenging the ‘Symbiotic’ Relationship

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    Push and Pull Factors for Catalonia’s Independence

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    This article critically examines the push for Catalan independence, delving into legal, historical, social, economic, and political aspects that both support and challenge the region\u27s bid for autonomy. Catalonia\u27s historical journey from its independent kingdom status to its current position within Spain sets the backdrop for its ongoing pursuit of self-governance. Together with its distinct culture and language, this makes a strong case for self-determination, asserting a right to shape Catalan’s destiny and protect its identity. Economic considerations, including perceived unfair taxation, further fuel the drive for autonomy as proponents envision Catalonia\u27s self-sufficiency within the European Union. Yet, the article also highlights opposing viewpoints. Critics caution against potential economic instability, pointing to concerns over debt, the establishment of new financial structures, and the intricate relationship between Catalonia and Spain. Shared cultural attributes and economic benefits from unity with Spain are among the arguments against separation. Moreover, Spain’s claim to territorial unity that is supported by constitutional rules of referendums and secession oppose Catalonia’s self-determination. The article also explores the potential external dimension of an independent Catalonia, weighing the advantages of economic growth and self-governance against challenges like the loss of EU citizenship and trade disruptions. In a comprehensive analysis spanning historical origins to contemporary dynamics, this article provides a nuanced understanding of the multifaceted debate surrounding Catalonia’s bid for independence. It offers insights into the complex legal, historical, social, economic, and political factors shaping the region’s aspirations and its future relationship with Spain and the European Union

    A Critical Analysis of Gender Neutrality in Relation to the Sexual Offences Act 2003

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    Legal definitions of rape are impacted by gender stereotyping. For example, the current legal definition of rape in England and Wales recognises only men as perpetrators and excludes forced to penetrate cases perpetrated by women against men. Existing literature indicates that this is due to widely held gender stereotypes in society and law. This article explores whether a gendered approach in law affects people in society and how widely held societal attitudes regarding gender influences the law. It is suggested that forced to penetrate cases should be recognised as rape in order to erase unnecessary stereotypes about men that impact how society and the law perceive men as victims. Thus, there is a need for a gender-neutral approach to be applied to the law in England and Wales, as is accepted in other jurisdictions such as Canada