More on European Community Law

A Review of Yearbook of European Law 1981 by F.G. Jacob

"Libel tourism" and conflict of laws

This article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested

Recent developments under the Brussels i Regulation

This article considers recent CJEU case law on the Brussels I Regulation. Two aspects of Article 7(1) (which applies to matters relating to a contract) are considered: the first is whether the contract must be between the parties to the case; the second is whether membership of an association should be regarded as constituting implied consent to be bound by decisions of the association so that jurisdiction to enforce them may be taken under Article 7(1). The article also discusses recent case law on who counts as a 'consumer' in terms of Article 17

Arbitration and the Brussels I Regulation - before and after Brexit

This article deals with the effect of the Brussels I Regulation on arbitration. This Regulation no longer applies in the UK, but the British Government has applied to join the Lugano Convention, which contains similar provisions. So the article also discusses the position under Lugano, paying particular attention to the differences between the two instruments. The main focus is on the problems that arise when the same dispute is subject to both arbitration and litigation. Possible mechanisms to resolve these problems – such as antisuit injunctions – are considered. The article also discusses other questions, such as freezing orders in support of arbitration

Basic principles of jurisdiction in private international law: the European Union, the United States and England

This article consists of a comparative study of the basic principles underlying the rules of jurisdiction in private international law in commercial cases in the law of the European Union, the United States and England. It considers the objectives which these rules seek to achieve (protection of the rights of the parties and respect for the interests of foreign States) and the extent to which these objectives are attained. It takes tort claims, especially in the field of products-liability as an example and considers which system has the most exorbitant rules. It suggests explanations for the differences found

The Mass Assembly of Fossil Groups of Galaxies in the Millennium Simulation

The evolution of present-day fossil galaxy groups is studied in the Millennium Simulation. Using the corresponding Millennium gas simulation and semi-analytic galaxy catalogues, we select fossil groups at redshift zero according to the conventional observational criteria, and trace the haloes corresponding to these groups backwards in time, extracting the associated dark matter, gas and galaxy properties. The space density of the fossils from this study is remarkably close to the observed estimates and various possibilities for the remaining discrepancy are discussed. The fraction of X-ray bright systems which are fossils appears to be in reasonable agreement with observation, and the simulations predict that fossil systems will be found in significant numbers (3-4% of the population) even in quite rich clusters. We find that fossils assemble a higher fraction of their mass at high redshift, compared to non-fossil groups, with the ratio of the currently assembled halo mass to final mass, at any epoch, being about 10 to 20% higher for fossils. This supports the paradigm whereby fossils represent undisturbed, early-forming systems in which large galaxies have merged to form a single dominant elliptical.Comment: 11 pages, 8 figures, submitted to MNRA

Jurisdiction in tort claims for non-physical harm under Brussels 2012, Article 7(2)

Article 7(2) of the Brussels Regulation, 2012 confers jurisdiction, in matters relating to tort, on the courts of the Member State in which the harmful event occurred. In Bier v Mines de Potasse d'Alsace, the CJEU held that this covers both the place where the event which caused the damage takes place and the place where the damage itself takes place. In later cases, however, it held that does not cover the place where the victim claims to have suffered financial damage following upon initial damage arising and suffered by the victim in another Member State. A problem arises if there is no physical harm but only financial loss or some other kind of non-physical harm. It is not always clear in such a situation where the damage occurs. This article considers this problem with special reference to pure financial loss but also two other torts in which no physical harm occurs: defamation and intellectual-property infringement

The development of susceptibility to geometric visual illusions in children – A systematic review

Investigating children’s susceptibility to visual illusions (VIs) offers a unique window into the development of human perception. Although research in this field dates back to the seminal work of Binet in 1895, developmental trajectories for many VIs remain unclear. Here, for the very first time, we provide a comprehensive systematic review of research investigating children’s susceptibility to five of the most famous VIs: the Ebbinghaus, Ponzo, Müller-Lyer, Poggendorff, and Vertical-Horizontal illusions. Following PRISMA best-practice guidelines, 70 articles were identified across four databases (Scopus, PsycInfo, PsycArticles, and Web of Science). Our findings reveal opposing developmental trends across illusions; the magnitude of the Müller-Lyer, Poggendorff, and Vertical-Horizontal illusions tends to decrease with age, while the magnitude of the Ebbinghaus and Ponzo illusions typically increases with age. However, developmental trajectories identified by studies investigating the same illusion can vary dramatically due to substantial variability in methods and stimuli. Researchers are more likely to find decreasing VI magnitude with increasing age when employing the method of adjustment response paradigm, whereas the two-way alternative forced-choice paradigm typically reveals greater VI magnitude with increasing age. These findings suggest that conclusions regarding the development of VI susceptibility may be influenced by how they are studied and implicate the involvement of different cognitive abilities across response methods. These findings will benefit future research in dissociating the role of perceptual (e.g. the maturation of the brain's visual areas) and cognitive factors (e.g., attention span) in pinpointing the development trajectories for VI susceptibility