The Review

July 2018 Issue

articles

Equality Law and the Protected Characteristics

UK anti‐discrimination law is founded on a grounds‐based system of protected characteristics. These characteristics must satisfy three conditions: they must have some definitional and categorical stability, they must broadly reflect people's understanding of social reality and lived experiences and they must align with the most significant axes of discrimination in society. This article argues that all three conditions are becoming increasingly difficult to satisfy as a result of dramatic shifts in social configurations of identity and the ongoing failure to include socio‐economic status as a legally protected characteristic.

Kate Malleson

Adapting the Police Authority Concept to a Centralised National Police Service: Appearance over Substance in the Republic of Ireland?

The Republic of Ireland has been convulsed by a series of police corruption scandals over the past fifteen years and they show no sign of abating. This article critically examines whether the new Irish Policing Authority can be interpreted as a successful adaptation of the traditional police authority concept to a parliamentary democracy policed by a single, national body.

Dermot Walsh

legislation

cases

(Non‐)Enforcement of Directors’ Duties in Corporate Groups: Goh Chan Peng v Beyonics Technology Ltd

Arising out of a corporate group's recent bid to recover millions of dollars in lost profits from a former director and CEO who had diverted a core business, Goh Chan Peng v Beyonics Technology Ltd raised thorny issues of separate legal entity doctrine, single economic unit theory, and reflective loss shared by common law legal systems. This note explores the paths not taken by the court, and highlights the pitfalls of a narrow, autochthonous approach to problems of common law doctrine.

Alan K Koh

Workplace Monitoring and the Right to Private Life at Work

In Barbulescu v Romania, the European Court of Human Rights clarified the application of the Article 8 right to private life in the workplace, and the extent of the state's positive obligations to protect the right against workplace monitoring. This article considers the nature of states’ positive obligation to protect human rights at work, the scope of the right to private life, and the impact of the decision on domestic law of unfair dismissal.

Joe Atkinson

review article

Policing Critique

What is critique? For Martti Koskenniemi, the subject of this collection of essays and ‘one of the icons’ of international law, it is to say ‘no’. He provides an epilogue to this volume of critical readings of his work which responds to the contributors in a series of noes – no to abstraction, no to empiricism, no to constructivism, no to enchantment – but ends in a tantalising ‘perhaps’. Perhaps it is possible to do international law work critically. Who is this critical professional? What are moral instincts? How can we introduce them into our professional lives? For all Koskenniemi's noes, we never find out.

Isobel Roele

book reviews

Review of Kate Greasley, Arguments about Abortion: Personhood, Morality and Law, Oxford: Oxford University Press, 2017, 269 pp, hb £50.00

Is the fetus a person? In this rigorous, elegant and ambitious book, Kate Greasley does not attempt to sidestep anything. Greasley tackles the moral status of the fetus head‐on, and while it would be impossible for one book to resolve, conclusively and to everyone's satisfaction, the question of fetal personhood, her important new monograph must now be required reading for anyone who wishes to claim in the future that the fetus either is, or is not, a person.

Emily Jackson

Review of Chris Thornhill, A Sociology of Transnational Constitutions: Social Foundations of the Post‐National Legal Structure. Cambridge: Cambridge University Press, 2017, 520 pp, hb £69.99

Chris Thornhill's A Sociology of Transnational Constitutions advances the thesis that there is a distinctly transnational constitutional order to which domestic constitutional systems are increasingly referring in setting out the parameters of their domestic orderings. Taken in very broad brush, Thornhill's thesis seems right. But beyond this, it is hard for this reviewer to know what to make of it, because his narrative is pitched at a very high level of abstraction, deploys a vocabulary with which this reviewer is unfamiliar, and which is never given grounding in real‐world examples.

Michael W Dowdle

Review of Eduardo Baistrocchi (ed), A Global Analysis of Tax Treaty Disputes, Cambridge: Cambridge University Press, 2017, 2 vols, 1,588 pp, £300.00.

Eduardo Baistrocchi's A Global Analysis of Tax Treaty Disputes provides an unprecedented collection of expertly written reviews of the tax treaty disputes in OECD countries, BRICS countries and beyond. Each of the country reporters – a particularly impressive group of renowned experts in the field – provides a comprehensive analysis of tax treaty disputes in their respective jurisdictions.

Tsilly Dagan

Review of Helen Stalford, Kathryn Hollingsworth & Stephen Gilmore (eds), Rewriting Children's Rights Judgments: from Academic Vision to New Practice, Oxford and Portland, Oregon: Hart Publishing, 2017, 593 pp, hb £80.00.

If the sub‐title may seem a trifle self‐congratulatory, the main one may mislead. It would be more accurate, if more cumbersome, to say, ‘Law Reports Re‐Written from a Children's Rights Perspective’. This is a scholarly, informative and heartfelt work with no let‐downs. Perhaps the commentaries are inevitably more valuable given that they are analyses and not, unlike the ‘judgments’, necessarily largely imaginative. By the same token, the latter are more enjoyable and not merely for those academics who promoted themselves from spectators to players, critics to doers.

Chris Barton

The Review

Published July 2018
Frequency Bi-monthly
Volume 81
Issue 4
Print ISSN 0026-7961
Online ISSN 1468-2230

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