State responsibility arises from the violation by a State (or other international legal person) o... more State responsibility arises from the violation by a State (or other international legal person) of an international obligation that can be one of customary international law or arising from a treaty. The violation must be due to conduct attributable to a State. This chapter discusses the nature of State responsibility; attribution; breach of an international obligation of the State; circumstances precluding wrongfulness (defences); consequences of a breach; enforcement of a claim; and treatment of aliens.
The interaction between international law and domestic (or national or ‘municipal’) law demonstra... more The interaction between international law and domestic (or national or ‘municipal’) law demonstrates the struggle between State sovereignty and the international legal order. While the international legal order seeks to organise international society in accordance with the general interests of the international community, State sovereignty can be used to protect a State against the intervention of international law into its national legal system. This chapter discusses theories about the relations between international law and national law; national law on the international plane; international law on the national plane; and examples of international law on the national plane.
States and international organisations and their representatives in the courts of other States en... more States and international organisations and their representatives in the courts of other States enjoy immunity from legal process. This immunity can be split conveniently into State (or sovereign) immunity, and diplomatic and consular immunities. The first concerns foreign States per se (including the Head of State), while the second concerns the personal immunities enjoyed by representatives of those States. This chapter discusses the general principles of state immunity in international law; state immunity in the United Kingdom; Heads of State and other holders of high-ranking office; the relationship between immunity and acts contrary to international law; the immunities of international organisations and their staff; and diplomatic and consular immunities.
The talk will touch on a number of practical opportunities for formal modeling and methods that I... more The talk will touch on a number of practical opportunities for formal modeling and methods that Intel sees in HW security research including: instruction sets; the proliferation of programmable agents within SoC's; and negative space testing.
Journal of property, planning and environmental law, Mar 18, 2022
I imagine that, in this case, no mortgage was necessary else the catastrophic errors outlined bel... more I imagine that, in this case, no mortgage was necessary else the catastrophic errors outlined below would have been discovered when the lender attempted to register their charge. 2 Technically, but importantly, you had never been the owner of the legal title, so it was not a "return" you want, but a transfer for the first time. 3 [2021] EWHC 1343 (Ch) 4 The developed land was held originally under one title number, and this was the transfer of Plot 1, carved out of the larger plot. Hence, a Transfer of Part was needed (TP1) and, on registration (had it occurred), a new title number would have been allotted to Plot 1 in the name of Mrs Knight.. 5 Pedantically, we cannot call the intended sellers simply "sellers" because the whole point of land registration is that legal title does not pass until registration: they were the intended sellers. 6 S.27(10 LRA 2002.
Journal of Property, Planning and Environmental Law, 2022
Purpose The purpose of this paper is to analyse whether title to land is secure in England and Wa... more Purpose The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act (LRA) 2002, in particular when a title is registered, where there has been a mistake and how that connects with the doctrine of overreaching. Design/methodology/approach This paper analyses the reported judgments, with particular emphasis on the decision in Knight v Fernley (2021). Findings This paper explores the concepts of “mistake” and “overreaching” and concludes that LRA 2002 provides a complex, but complete answer to concerns about the application of these doctrines. Practical implications This paper will encourage certainty in the judicial decision-making process when “mistakes” occur in the land register. It will contribute to the resolution of difficult, and current, controversies. Social implications To enable legal advisers to be clear in their obligations and the advice they give to clients, and to further a better understa...
Course-focused and comprehensive, the Textbook on series provide an accessible overview of the ke... more Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. International law has long been the subject of controversy for three reasons: the existence of any set of rules governing interstate relations, whether it is entitled to be called 'law', and its effectiveness in controlling states and other international actors in 'real life' situations. This chapter examines the nature and quality of international law, its effectiveness and weakness, and its juridical basis as well as the existence of international rules as a system of law. The chapter also considers how the practice of international law is intrinsically related to diplomacy, politics, and the conduct of foreign relations. Furthermore, the chapter discusses the enforcement procedures for international law against malefactors, such as sanctions or penalties imposed by the United Nations Security Council, loss of legal rights and privileges, and judicial enforcement such as the one employed by the International Court of Justice. Finally, it looks at future prospects for international law.
Course-focused and comprehensive, the Textbook on series provide an accessible overview of the ke... more Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Article 2(3) of the United Nations Charter requires all members to settle their disputes by peaceful means in a manner that does not endanger international peace, security, and justice. This principle is one of the central obligations of international law that must be observed by all states and serves as the natural counterpart to the prohibition of the use of force. This chapter examines dispute settlement by peaceful means, including negotiation, mediation and good offices, the use of commissions of inquiry, arbitration, and conciliation. It also considers dispute settlement by the United Nations, settlement by regional machinery, the role of the International Court of Justice in the resolution of disputes between states, and jurisdiction and consent.
The debate about the proper approach to research in lawlet alone property lawis one that has come... more The debate about the proper approach to research in lawlet alone property lawis one that has come to the front and centre of academic attention in recent years. Of course, it is not a new issue. 1 But it has been given fresh impetus now that that research funding in some jurisdictions is tied to a "value for money" framework that sees "value" in terms of "impact" and "impact" means measurable outcomes. Or, to strip away the jargon-heavy vocabulary: research has to have a practical point, obvious to those paying for it. If this spills over into consequences for academic careers and career progression, either because law schools need people with funding, or because those making appointments believe that there is a "right" (and therefore a "wrong") way to conduct research, then what could have been regarded as a diverting theoretical argument becomes an issue of considerably more significance. 2 Like everyone approaching the question of how to research into lawwhether we call it an analysis of research methodology or an exercise in how to fill in a grant application-I do not approach this free of prejudice. At the general level, however, my prejudice is not against (or for) any particular approach to legal scholarship. But, it is against the idea that one approach is to be preferred over another. The idea that doctrinal research into law is "dead" 3 or that special "clinical" schools can be set up where those engaged in "merely" identifying the rules of a legal system can be 1 The literature is vast, but see especially
Discusses the concept of tolerated trespasser and its rehection by the House of Lords in Knowsley... more Discusses the concept of tolerated trespasser and its rehection by the House of Lords in Knowsley Housing Trust v White (2008) UKHL 70; (2009) 1 A.C. 636 (HL). Comments on the need for conceptual certainty in property law.
An analysis of the decision in Derbyshire CC v Fallon [2007] EWHC 1326 (Ch); [2007] 3 E.G.L.R. 44... more An analysis of the decision in Derbyshire CC v Fallon [2007] EWHC 1326 (Ch); [2007] 3 E.G.L.R. 44 (Ch D) which considers the provisions of the Land Registration Act 2002 in relation to rectification of the register. The case demonstrates uncertainty in the application of the rules of the 2002 Act.
Argues that rectification is an essential part of the Land Registration Act 2002 and does not com... more Argues that rectification is an essential part of the Land Registration Act 2002 and does not compromise title guarantee. Also that the Law Commission's proposals confuse title guarantee with indefeasibility of title.
An analysis of Begum v Issa, a decision on the application of the Land Registration Act 2002, esp... more An analysis of Begum v Issa, a decision on the application of the Land Registration Act 2002, especially in relation to overriding interests.
The Law Commission is currently engaged in a consultation process about its thirteenth programme ... more The Law Commission is currently engaged in a consultation process about its thirteenth programme of law reform.
State responsibility arises from the violation by a State (or other international legal person) o... more State responsibility arises from the violation by a State (or other international legal person) of an international obligation that can be one of customary international law or arising from a treaty. The violation must be due to conduct attributable to a State. This chapter discusses the nature of State responsibility; attribution; breach of an international obligation of the State; circumstances precluding wrongfulness (defences); consequences of a breach; enforcement of a claim; and treatment of aliens.
The interaction between international law and domestic (or national or ‘municipal’) law demonstra... more The interaction between international law and domestic (or national or ‘municipal’) law demonstrates the struggle between State sovereignty and the international legal order. While the international legal order seeks to organise international society in accordance with the general interests of the international community, State sovereignty can be used to protect a State against the intervention of international law into its national legal system. This chapter discusses theories about the relations between international law and national law; national law on the international plane; international law on the national plane; and examples of international law on the national plane.
States and international organisations and their representatives in the courts of other States en... more States and international organisations and their representatives in the courts of other States enjoy immunity from legal process. This immunity can be split conveniently into State (or sovereign) immunity, and diplomatic and consular immunities. The first concerns foreign States per se (including the Head of State), while the second concerns the personal immunities enjoyed by representatives of those States. This chapter discusses the general principles of state immunity in international law; state immunity in the United Kingdom; Heads of State and other holders of high-ranking office; the relationship between immunity and acts contrary to international law; the immunities of international organisations and their staff; and diplomatic and consular immunities.
The talk will touch on a number of practical opportunities for formal modeling and methods that I... more The talk will touch on a number of practical opportunities for formal modeling and methods that Intel sees in HW security research including: instruction sets; the proliferation of programmable agents within SoC's; and negative space testing.
Journal of property, planning and environmental law, Mar 18, 2022
I imagine that, in this case, no mortgage was necessary else the catastrophic errors outlined bel... more I imagine that, in this case, no mortgage was necessary else the catastrophic errors outlined below would have been discovered when the lender attempted to register their charge. 2 Technically, but importantly, you had never been the owner of the legal title, so it was not a "return" you want, but a transfer for the first time. 3 [2021] EWHC 1343 (Ch) 4 The developed land was held originally under one title number, and this was the transfer of Plot 1, carved out of the larger plot. Hence, a Transfer of Part was needed (TP1) and, on registration (had it occurred), a new title number would have been allotted to Plot 1 in the name of Mrs Knight.. 5 Pedantically, we cannot call the intended sellers simply "sellers" because the whole point of land registration is that legal title does not pass until registration: they were the intended sellers. 6 S.27(10 LRA 2002.
Journal of Property, Planning and Environmental Law, 2022
Purpose The purpose of this paper is to analyse whether title to land is secure in England and Wa... more Purpose The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act (LRA) 2002, in particular when a title is registered, where there has been a mistake and how that connects with the doctrine of overreaching. Design/methodology/approach This paper analyses the reported judgments, with particular emphasis on the decision in Knight v Fernley (2021). Findings This paper explores the concepts of “mistake” and “overreaching” and concludes that LRA 2002 provides a complex, but complete answer to concerns about the application of these doctrines. Practical implications This paper will encourage certainty in the judicial decision-making process when “mistakes” occur in the land register. It will contribute to the resolution of difficult, and current, controversies. Social implications To enable legal advisers to be clear in their obligations and the advice they give to clients, and to further a better understa...
Course-focused and comprehensive, the Textbook on series provide an accessible overview of the ke... more Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. International law has long been the subject of controversy for three reasons: the existence of any set of rules governing interstate relations, whether it is entitled to be called 'law', and its effectiveness in controlling states and other international actors in 'real life' situations. This chapter examines the nature and quality of international law, its effectiveness and weakness, and its juridical basis as well as the existence of international rules as a system of law. The chapter also considers how the practice of international law is intrinsically related to diplomacy, politics, and the conduct of foreign relations. Furthermore, the chapter discusses the enforcement procedures for international law against malefactors, such as sanctions or penalties imposed by the United Nations Security Council, loss of legal rights and privileges, and judicial enforcement such as the one employed by the International Court of Justice. Finally, it looks at future prospects for international law.
Course-focused and comprehensive, the Textbook on series provide an accessible overview of the ke... more Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Article 2(3) of the United Nations Charter requires all members to settle their disputes by peaceful means in a manner that does not endanger international peace, security, and justice. This principle is one of the central obligations of international law that must be observed by all states and serves as the natural counterpart to the prohibition of the use of force. This chapter examines dispute settlement by peaceful means, including negotiation, mediation and good offices, the use of commissions of inquiry, arbitration, and conciliation. It also considers dispute settlement by the United Nations, settlement by regional machinery, the role of the International Court of Justice in the resolution of disputes between states, and jurisdiction and consent.
The debate about the proper approach to research in lawlet alone property lawis one that has come... more The debate about the proper approach to research in lawlet alone property lawis one that has come to the front and centre of academic attention in recent years. Of course, it is not a new issue. 1 But it has been given fresh impetus now that that research funding in some jurisdictions is tied to a "value for money" framework that sees "value" in terms of "impact" and "impact" means measurable outcomes. Or, to strip away the jargon-heavy vocabulary: research has to have a practical point, obvious to those paying for it. If this spills over into consequences for academic careers and career progression, either because law schools need people with funding, or because those making appointments believe that there is a "right" (and therefore a "wrong") way to conduct research, then what could have been regarded as a diverting theoretical argument becomes an issue of considerably more significance. 2 Like everyone approaching the question of how to research into lawwhether we call it an analysis of research methodology or an exercise in how to fill in a grant application-I do not approach this free of prejudice. At the general level, however, my prejudice is not against (or for) any particular approach to legal scholarship. But, it is against the idea that one approach is to be preferred over another. The idea that doctrinal research into law is "dead" 3 or that special "clinical" schools can be set up where those engaged in "merely" identifying the rules of a legal system can be 1 The literature is vast, but see especially
Discusses the concept of tolerated trespasser and its rehection by the House of Lords in Knowsley... more Discusses the concept of tolerated trespasser and its rehection by the House of Lords in Knowsley Housing Trust v White (2008) UKHL 70; (2009) 1 A.C. 636 (HL). Comments on the need for conceptual certainty in property law.
An analysis of the decision in Derbyshire CC v Fallon [2007] EWHC 1326 (Ch); [2007] 3 E.G.L.R. 44... more An analysis of the decision in Derbyshire CC v Fallon [2007] EWHC 1326 (Ch); [2007] 3 E.G.L.R. 44 (Ch D) which considers the provisions of the Land Registration Act 2002 in relation to rectification of the register. The case demonstrates uncertainty in the application of the rules of the 2002 Act.
Argues that rectification is an essential part of the Land Registration Act 2002 and does not com... more Argues that rectification is an essential part of the Land Registration Act 2002 and does not compromise title guarantee. Also that the Law Commission's proposals confuse title guarantee with indefeasibility of title.
An analysis of Begum v Issa, a decision on the application of the Land Registration Act 2002, esp... more An analysis of Begum v Issa, a decision on the application of the Land Registration Act 2002, especially in relation to overriding interests.
The Law Commission is currently engaged in a consultation process about its thirteenth programme ... more The Law Commission is currently engaged in a consultation process about its thirteenth programme of law reform.
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Papers by Martin Dixon