Category Archives: Public law

Vanessa Casado-Pérez, ‘A Street View of Property’

Abstract Parking on public streets is scarce. The current allocation system for parking spots based on rule of capture coupled with low parking fees creates a tragedy of the commons scenario. The misallocation of parking has consequences for commerce, for access to public spaces, and for pollution and congestion. Municipalities have not widely adopted the […]

Ross Grantham, ‘To Whom Does Australian Corporate and Consumer Legislation Speak?’

Abstract A recent feature of corporate and consumer legislation in Australia is that as a matter of regulatory approach the legislation seems intended to speak directly to the end-user – the company director and the consumer – rather than lawyers. Accepting that such an approach is appropriate, the question this paper will explore is whether […]

Philip Rawlings, ‘“A Sacred Trust For The Future”: Regulating Insurance, 1800-70’

Abstract The history of commercial law has often been written as if it were merely a product of the common law, disregarding the role played by legislation. The principal exception to this has been work on company law. Until recently, the prevailing view has been that the Companies Acts 1844–62 represented the triumph of the […]

Timothy Lytton, ‘Exposing Private Third-Party Food Safety Auditors to Civil Liability for Negligence: Harnessing Private Law Norms to Regulate Private Governance’

Abstract In many industries, companies rely on private third-party audits to monitor their suppliers’ adherence to various standards. These audits are frequently paid for by the entity being audited, which creates a conflict of interest that incentives auditors to reduce the burden of audits by cutting corners and inflating audit scores. This article presents a […]

Greg Weeks, ‘Soft Law and Public Liability: Beyond the Separation of Powers?’

Abstract Soft law refers to domestic, non-legislative instruments which are designed to influence, modify or otherwise affect conduct. It relies for this result on the fact that people generally assume that soft law requires them to act and has immediate legal effect. Where this assumption is mistaken, individuals have a limited capacity to obtain remedies […]

Svetlana Yakovleva, ‘Should Fundamental Rights to Privacy and Data Protection be a Part of the EU’s International Trade “Deals”?’

Abstract This article discusses ways in which the General Agreement on Trade in Services (GATS) and post-GATS free trade agreements may limit the EU’s ability to regulate privacy and personal data protection as fundamental rights. After discussing this issue in two dimensions – the vertical relationship between trade and national and European Union (EU) law, […]

Devika Hovell, ‘On Trust: The UN as Fiduciary (A Reply to Rosa Freedman)’

Abstract In the literature responding to the problem of sexual violence by UN peacekeepers, scholars have focused on ‘shame’, ‘danger’ and even ‘hope’ as values around which to frame accountability processes. The premise of this article is that the UN’s failure to prevent sexual abuse and exploitation by peacekeepers is primarily a betrayal of trust, […]

Gerald Alloway, ‘Corruption, Contracts and Common Law Illegality’

Abstract Corruption is traditionally dealt with by criminal law. This paper queries whether the harm caused by corruption may be better dealt with through the law of contract. The author examines whether a contract procured through bribery could rightfully be ‘illegal in law’ under s 71 of the Contract and Commercial Law Act 2017; either […]

Stelios Tofaris, ‘The Negligence Liability of Local Authorities for Failure to Protect Children from Abuse: Where to Draw the Line?’

Abstract When should local authorities be liable in negligence for failure to protect children from abuse by third parties? The answer is of wide importance, but so is the way of reaching the answer. This makes CN v Poole Borough Council (2017), now before the Supreme Court, destined to be a landmark case in the […]

Kit Barker, ‘Modelling Public and Private Enforcement: The Rationality of Hybridity’

Abstract This article models the circumstances in which hybrid public and private enforcement systems exist in both public and private law. Although public law is normally enforced publicly and private law privately, there are a number of notable departures from this pattern – of which competition law provides one example – in which the law […]