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In late November Prof. Colin Reid participated in a Rural Law Symposium for staff and students at the University of Aberdeen. His overview of innovative approaches to managing land for conservation purposes (the focus of his current research project on The Privatisation of Biodiversity?) led on to more specific papers on the management of common land in England (Prof. Chris Rodgers, University of Newcastle) and the crofters’ right to buy their land (Malcolm Combe, University of Aberdeen).
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The 3rd edition of the leading Scottish text on Private International has been published by SULI / W. Green. Completed by Professor Peter McEleavy and Professor Paul Beaumont (Aberdeen), it was launched at a reception in Edinburgh on 10 November. Prof McEleavy is responsible for chapters 3, 4, 5, 7, 11, 14 (non-Rome II rules only), 15 – 20.
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In Re E. (Children) [2011] UKSC 27, which involved a consideration of the inter-relationship of the ECHR and the 1980 Hague Convention on Child Abduction, the Supreme Court cited Professor McEleavy's 1999 monograph (with P. Beaumont) on the 1980 instrument. Professor McEleavy is currently working on the second edition of the text, with Aude Fiorini, which is to be published by OUP in 2013.
The delivery of the ruling on 10 June coincided with the conclusion of Part I of the 6th Review Special Commission of the 1980 Hague Convention, held at the Academy Building of the Peace Palace in the Hague (1-10 June). This quinnenial review of the Convention gathered together representatives of the 85 Contracting States as well as observers from other States, international organizations and legal associations.
At the Special Commission Professor McEleavy represented the Hague Conference's child abduction database - INCADAT - of which he is general editor. Aude Fiorini of the Law School is civil law editor.
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Professors Pamela Ferguson and Fiona Raitt are members of a five person project team of lawyers and scientists involved in running the Scots Law of Evidence research programme funded by the Scottish Universities Insight Institute.
The programme involves participants with backgrounds in law and science from the UK and the US. In April the first workshop was held on ‘The admissibility of scientific evidence in the courtroom.’
The second 4 day workshop runs from 30 May to 2 June on 'Forensic science techniques and human rights.’ A third and final workshop will be held later in the summer.
More information about the programme is available for download from:
http://www.scottishinsight.ac.uk/Programmes/Currentprogrammes/ScotsLawofEvidence.aspx
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Congratulations to Dundee law student Pontian Okoli who has written a paper entitled 'A Case for
Reviewing the System of Remedies under CISG' (Convention of the Contracts for
the International Sale of Goods).
This has been published in Issue 6 of the
(2011) International Company and Commercial Law Review.
Please click the link below to read the paper.
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2011PontianOkoli.pdfProfessor Ferguson has published a paper entitled " 'Smoke Gets in your Eyes...' the criminalisation of smoking in enclosed public places, the harm principle and the limits of the criminal sanction' in 2011 Legal Studies 31(2), 259-278.
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Professors Pamela Ferguson and Fiona Raitt are members of a team of lawyers and scientists which has secured funding from the Scottish Universities Insight Institute to host a series of workshops during 2011 entitled Scots law of evidence – fit for purpose in the digital and global age?. The workshops which will take place in April and May and are by invitation only will focus on issues concerning the use of scientific evidence in the courtroom. Admissibility of science has a long and controversial tradition, not least due to validation problems within the scientific community. The project will explore how emerging scientific processes and other forensic techniques offer opportunities to bring offenders to justice, but also raise human rights concerns over fairness to the accused in obtaining the evidence, as well as the scientific reliability of the evidence obtained and the rigour of its evaluation. For example, emerging techniques in forensic anthropology pioneered by Professor Sue Black, a member of the research team, have successfully used digital photographs of anatomy to identify perpetrators in child internet pornography and sexual assault cases. One of the objectives of the project is to consider the ethical and human rights dimensions of such intrusive photography.
The programme consists of a series of workshops with UK and international participants who will examine the rules of admissibility of science in court, and their fitness for purpose. Key research questions include the appropriate threshold for admissibility of emerging science, the procedures for validation of reliable science, how to determine when techniques are sufficiently robust to justify the use of likelihood ratios and probability statistics, and whether the current rules strike the right balance between accused and the State.
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Stuart Cross and Robin White have been awarded £25,000 to carry out research for the Scottish Council on Law Reporting on a project entitled “Law Reporting in the Digital Age”. This will involve interviewing judges, sheriffs, advocates, solicitors, law teachers, law librarians and law students with a view to discovering whether the traditional metadata provided in law reports, and the coverage of courts and cases, are appropriate for users, and what difference the provision of “bare opinions” is making.
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Prof. Colin Reid is leading a project funded by a small grant from the Higher Education Academy exploring the place of Education for Sustainable Development in the Professional Curriculum. The project is examining accreditation and teaching practice in a wide range of disciplines across the university, including Law, to explore the extent to which coverage of sustainability issues is part of, can be accommodated within, or is squeezed out by, the formal accreditation requirements of the statutory and professional bodies.
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In early February Prof. Colin Reid attended an International Expert Meeting organised in Brussels by the University of Maastricht to consider Regulatory Choices towards Climate Protection. This meeting considered how individual countries should respond to the climate change measures adopted at EU level and the role that dedicated legal rules might play. Prof. Reid delivered a paper on the Climate Change (Scotland) Act 2009, the first legislation on the topic by any devolved/provincial parliament in Europe, and contributed to the discussion with participants from 10 countries and from the European Commission.
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