• AfCFTA and lex mercatoria: reconceptualising international trade law in Africa

      Onyejekwe, Chisa; Ekhator, Eghosa; Canterbury Christ Church University; University of Derby (Taylor and Francis, 2020-09-08)
      This paper focuses on the Agreement for the Establishment of the African Continental Free Trade Area (AfCFTA). It argues that commercial activities in precolonial Africa was akin to the phenomenon of lex mercatoria in medieval Europe. It discusses two major tenets embedded in the AfCFTA: the variable geometry principle and the dispute settlement mechanism. It argues that for structural and comparative purposes, these principles (variable geometry and dispute settlement) form the kernel of modern lex mercatoria in the African context. This paper concludes by advocating that the AfCFTA will enhance the principles of lex mercatoria by promoting African trade principles.
    • AfCFTA: An emergent concept of 'Lex Mercatoria Africana'?

      Ekhator, Eghosa; University of Derby (AfronomicsLaw Blog, 2020-09-19)
    • Applying hierarchy of expert performance (HEP) to investigative interview evaluation: strengths, challenges and future directions

      Huang, Ching-Yu; Bull, Ray; Dror, Itiel; Bournemouth University; University of Derby (Taylor and Francis, 2020-06-16)
      The purpose of this paper is to systematically examine the research literature on the decision of expert interviewers within the theoretical framework of the Hierarchy of Expert Performance (HEP, Dror, 2016). After providing an overview of the HEP framework, existing research in the investigative interviewing at each of the eight levels of the HEP framework is reviewed. The results identify areas of strength in reliability between experts’ observations (Level 2) and of weakness in reliability between experts’ conclusions (Level 6). Biases in investigative interview experts’ decision making is also revealed at biasability between expert conclusions (Level 8). Moreover, no published data is available in reliability within experts at the level of observations (Level 1) or conclusions (Level 5), biasability within or between expert observations (Level 3 and 4) and biasability within expert conclusions (Level 7). The findings highlight areas where future research and practical endeavor are much needed investigative interview.
    • Are victims of crime mostly angry or mostly afraid?

      Ignatans, Dainis; Pease, Ken; University of Derby (Springer/ Palgrave, 2019-05)
      Analysis of the Crime Survey for England and Wales identifies anger and annoyance rather than fear as the most common emotional responses to victimisation by crime, despite fear’s pre-eminence in the criminological literature. While the trend since 2003 shows an increase in fear relative to anger, anger remains more common for all crime categories and all levels of victim-rated offence seriousness. The writers contend that the mismatch between the preponderance of anger in victim accounts and the preponderance of fear in the academic literature is convenient for government and police. Subtly setting fear as the default ‘appropriate’ emotion to be evoked by victimisation makes for a populace less inclined to ‘take matters into its own hands’. Plans to develop research on victim anger are outlined.
    • Area and individual differences in personal crime victimisation incidence: The role of individual, lifestyle/routine activities and contextual predictors

      Pease, Ken; Andromachi, Tseloni; University of Derby (Sage, 2014-09-02)
      This article examines how personal crime differences between areas and between individuals are predicted by area and population heterogeneity and their synergies. It draws on lifestyle/routine activities and social disorganization theories to model the number of personal victimization incidents over individuals including routine activities and area characteristics, respectively, as well as their (cross-cluster) interactions. The methodology employs multilevel or hierarchical negative binomial regression with extra binomial variation using data from the British Crime Survey and the UK Census. Personal crime rates differ substantially across areas, reflecting to a large degree the clustering of individuals with measured vulnerability factors in the same areas. Most factors suggested by theory and previous research are conducive to frequent personal victimization except the following new results. Pensioners living alone in densely populated areas face disproportionally high numbers of personal crimes. Frequent club and pub visits are associated with more personal crimes only for males and adults living with young children, respectively. Ethnic minority individuals experience fewer personal crimes than whites. The findings suggest integrating social disorganization and lifestyle theories and prioritizing resources to the most vulnerable, rather than all,residents of poor and densely populated areas to prevent personal crimes.
    • Built environment attributes and crime: an automated machine learning approach

      Dakin, Kyle; Parkinson, Simon; Saad, Kahn; Monchuck, Leanne; Pease, Ken; University of Huddersfield; University of Derby (BMC, 2020-07-08)
      This paper presents the development of an automated machine learning approach to gain an understanding of the built environment and its relationship to crime. This involves the automatic capture of street-level photographs using Google Street View (GSV), followed by the use of supervised machine learning techniques (specifically image feature recognition) to recognise features of the built environment. In this exploratory proof-of-concept work, 8 key features (building, door, fence, streetlight, tree, window, hedge, and garage) are considered and a worked case-study is demonstrated for a small geographical area (8300 square kilometres) in Northern England. A total of 60,100 images were automatically collected and analysed across the area where 5288 crime incidents were reported over a twelve- month period. Dependency between features and crime incidents are measured; however, no strong correlation has been identified. This is unsurprisingly considering the high number of crime incidents in a small geographic region (8300 square kilometres), resulting in an overlap between specific features and multiple crime incidents. Further- more, due to the unknown precise location of crime instances, an approximation technique is developed to survey a crime’s local proximity. Despite the absence of a strong correlation, this paper presents a first-of-a-kind cross-disci- pline approach to attempt and use computation techniques to produce new empirical knowledge. There are many avenues of future research in this fertile and important area.
    • Children and the doctrine of substituted judgement.

      Cherkassky, Lisa; University of Derby; The University of Derby, UK (Sage, 2014-12-01)
      The common law in the United Kingdom dictates that children facing medical treatment should be treated in accordance with their best interests. The Children Act 1989 also demands that the welfare of the child is paramount. However, in light of the creation of saviour siblings after the case of Quintavalle, it is disputed that the donor child is treated in accordance with his/her best interests when undergoing a non-therapeutic procedure for the benefit of another. The Human Tissue Authority (HTA) can, for example, validate a bone marrow harvest on a child created specifically for harvest without the consent of the High Court. The doctrine of substituted judgement was developed in the United States to substitute a previously competent adult decision, but it is proposed that parents of saviour siblings are reviving it in a modified form to install a speculative psychological benefit into the saviour child to satisfy the criteria for a harvest in common law. As a result, there is a glaring discrepancy between the objective jurisdiction of the courts and the validation of non-therapeutic harvesting procedures upon children by the HTA, opening the door to potential legal action.
    • Combined degrees & employability: A comparative analysis of single and joint honours graduates of UK universities

      Pigden, Louise; Jegede, Francis; University of Derby (West East Institute, 2016-05)
      Over the last decade, there has been an increase in the popularity and number of combined or joint degrees in English and Welsh Universities. Combined or joint honours represent 10% of all undergraduates - 50,000 out of 500,0001 currently enrolled on all honours degrees. This significant and special way of learning therefore warrants scrutiny. Combined degrees enable students to enroll on two or more subjects, with varying levels of integration of the courses, which leads to either a BA or BSc honours joint award. The growing number of students on such degrees across universities in England and Wales has led to a debate as to the intrinsic value of such degrees especially in relation to graduate employability and career opportunities. This paper examines the nature and relative attractiveness of combined degrees and explores the employability of combined honours degree graduates in comparison with single honours degree graduates.
    • Corporate social responsibility in the oil and gas industry in Nigeria: the case for a legalised framework

      Ekhator, Eghosa; Iyiola-Omisore, Ibukun; University of Derby; University of Leeds (Springer, 2021-01-26)
      This chapter focuses on the extant corporate social responsibility (CSR) practices in the oil and gas industry in Nigeria. The oil and gas industry has been beset by a lot of problems not limited to violence, kidnappings, eco-terrorism, and maladministration amongst others. One of the strategies of curing or mitigating these inherent problems in the oil and gas sector is the use of CSR initiatives by many oil multinational corporations (MNCs) operating in Nigeria. Notwithstanding that the majority of CSR initiatives in the oil and gas sector in Nigeria are voluntary, this chapter avers that CSR initiatives should be made mandatory by the Nigerian government. Furthermore, Civil Society Organisations (CSOs) should play an integral role in the implementation of any legalised framework on CSR that will be developed in the country. This chapter suggests that a CSR law should be developed specifically for the oil and gas industry to mitigate the negative externalities arising from the activities of oil MNCs in the Niger Delta region of the country
    • A cosmopolitan ethos within a global Law curriculum: comparative law as its promoter

      Platsas, Antonios E.; University of Derby (CGPublisher, 2009)
      In this paper the author will commence his analysis by exposing the apparent absence of a global law curriculum for law students. He will attempt to highlight the fact that lawyers around the world tend to engage themselves with national law material, when our world environment asks for a legal education of a more ecumenical character. Accordingly, the paper acts on the assumption that national law curricula tend to operate on the basis of predisposed agendas. Therefore, we, in the discipline of law, find ourselves in a clearly paradoxical situation, a situation which conflicts not only the epistemological unity of other disciplines but also the very process of globalisation. As the leading law comparatists Zweigert and Kötz have argued some time ago ‘[t]here is no such thing as “German” physics or “British” microbiology or “Canadian” geology’. But we in the discipline of law find ourselves teaching national law curricula which are the by-product of nationalisms and historical accidents. It is believed that there has to be re-alignment of the law curriculum by re-enforcing the international and comparative law elements and by reducing the national law elements thereof. In other words, we must push for a law curriculum which truly reflects a global studies state of affairs, a global law curriculum. We need to re-address the matter by promoting a law curriculum which will promote a more cosmopolitan legal ethos, a better understanding of universal truths such as legal axioms, principles and ideas which are appealing and comprehensible to legal scientists from all over the world. The analysis will conclude that the subject of comparative law acts as the driving force for a more internationalised legal education and that such a type of education is something that has to be sought in the modern academic world.
    • Detecting truth in suspect interviews: the effect of use of evidence (early and gradual) and time delay on Criteria-Based Content Analysis, Reality Monitoring and inconsistency within suspect statements

      McDougall, Alice Jennifer; Bull, Ray; University of Leicester; University of Derby (Taylor and Francis, 2015-01-03)
      The strategic use of evidence in interviews with suspects has been shown to increase the ability of interviewers to accurately and consistently distinguish truthful from deceptive accounts. The present study considers the effect of early and gradual revelation of evidence by the interviewer, and the effect of shorter and longer delay on the verbal quality of truth-teller and liar statements within a mock crime paradigm. It was hypothesised that gradual disclosure of evidence (1) in terms of inconsistencies (a) within statements and (b) between statements and such evidence and (2) of the criteria of Criteria-Based Content Analysis (CBCA) and of Reality Monitoring (RM) would emphasise differences in the verbal quality of truth-teller and liar statements. Forty-two high school students took part in the study. The use of statement-evidence and within-statement inconsistency appears to be a robust cue to deception across interview style and delay. This indicates that gradual disclosure in interviews may increase interviewer accuracy in veracity decisions by eliciting statement inconsistencies. However, gradual revelation and delay affected the ability of CBCA and RM criteria to distinguish the veracity of suspect statements.
    • Developing a scale to measure the presence of possible prejudicial stereotyping in police interviews with suspects: The Minhas Investigative Interviewing Prejudicial Stereotyping Scale (MIIPSS)

      Minhas, Rashid Ali; Walsh, Dave; Bull, Ray; University of Derby (Taylor and Francis, 2016-10-31)
      If police interviewers hold negative feelings towards certain groups, this may affect how they interview them (either as victims, witnesses or suspects) in that they may not obtain reliable accounts, being the aim of such interviews. The Minhas Investigative Interviewing Prejudicial Stereotyping Scale (MIIPSS) has been developed to assess the level of any investigative interviewers' prejudicial stereotyping towards suspects. The current exploratory study involved semi-structured interviews with twenty people, who had previously been interviewed as suspects in England and also eight very experienced lawyers. Both their views were measured using the MIIPSS before being subjected to a Guttman analysis. Statistical analyses showed that MIIPSS satisfies the criteria for classification as a valid unidimensional and cumulative scale. Therefore, researchers could use MIIPSS as a tool to measure prejudicial stereotyping in investigative interviews. Interviewers could also use MIIPSS to monitor their own attitudes towards certain groups or individuals suspected of different types of crimes.
    • Disclosure of confidential patient information and the duty to consult: the role of the Health and Social Care Information Centre

      Grace, Jamie; Taylor, Mark; University of Derby; University of Sheffield (Oxford University Press, 2013)
    • Do parents have a right to determine where a child patient dies?

      Cherkassky, Lisa; University of Derby (Trivent Publishing, 2019-08)
      This chapter will explore whether parents have the legal right to take their gravely ill child home to die in peace surrounded by family. Public anger surrounding the recent cases of Charlie Gard and Alfie Evans suggests that it is morally wrong to deprive parents of this final wish when medical treatment is futile and travel abroad for treatment has been ruled out. The judgments of Judge Francis (Gard) and Lady Justice King (Re C) will be examined to reveal the legal avenues available to parents of gravely ill children and whether their final wish to take their child home should be afforded more weight in futile cases.
    • Do We Need a New Legal Framework for Fighting Non-Conventional Wars? The International Law of War, Human Rights and the Global Fight Against Extremism and Terrorism

      Jegede, Francis; Todd, Malcolm; University of Derby (Global Science and Technology Forum, 2016-11-16)
      This paper examines the existing legal framework for fighting violent extremism and terrorism. Highlighting the inherent limitations of the current International Law of War in dealing with the growing challenges posed by terrorists and violent extremist groups, the paper discusses the problem facing military commanders, security agents, state actors and the international community in confronting extremist groups while upholding human rights values and respecting the law of war. The paper poses the question as to whether the current legal framework for dealing with extremist groups is sufficient without contravening the essential provisions and ethos of the International Law of War and Human Rights. Using examples, the paper examines how extremist groups flagrantly disregard the rule of law and disrespect human rights in their campaign of terror. The paper also notes instances in which the current Western strategy in fighting terrorism may be viewed or considered as conflicting with human rights and international law.
    • Dynamics of repeated interviews with children

      Waterhouse, Genevieve F.; Ridley, Anne M.; Bull, Ray; La Rooy, David; Wilcock, Rachel; London South Bank University; University of Derby; University of London; University of Winchester; Department of Psychology; London South Bank University; London UK; et al. (Wiley, 2016-06-10)
      Concerns regarding repeat interviews with child witnesses include greater use of suggestive questions in later interviews due to bias, and that children may appear inconsistent and, therefore, be judged as less reliable in court. UK transcripts of first and second interviews with 21 child victims/witnesses (conducted by qualified interviewers) were coded for question types and child responses. Interviewers were consistent in their proportional use of question types across interviews. Furthermore, children were as informative in second interviews as in first, mostly providing new details consistent with their prior recall. Despite the apparent lack of training in conducting repeated interviews, no negative effects were found; second interviews appeared to be conducted as well as initial interviews, and children provided new details without many contradictions. It is suggested that when a child's testimony is paramount for an investigation, a well-conducted supplementary interview may be an effective way of gaining further investigative leads.Copyright © 2016 John Wiley & Sons, Ltd.
    • Economic interdependence in a globalised world - the effects of Greece's financial crises on Derbyshire businesses

      Jegede, Francis; University of Derby (Derby Telegraph, 2013)
      Greece, in recent years, has suffered series of financial crises that necessitated massive European bailouts to support and sustain the country's economy. The bailouts and support from the IMF and the European Central Bank came with stringent economic conditions that have caused severe political turmoil in the country. This article, published by Derby Telegraph, examines the nature and effect of economic interdependency in a globalised world. Using, the recent financial crises as case study; the article explains how the economic woes in countries like Greece and Portugal could hit Derbyshire businesses.
    • The effect of co-offender planning on verbal deception

      Chan, Stephanie; Bull, Ray; Home Team Behavioural Science Centre; University of Derby (Taylor & Francis, 2013-09-13)
      Previous deception studies have mainly examined individual mock perpetrators and their deceptive behaviours during interviews, but not all crimes are committed by single perpetrators. In the present study, 48 mock perpetrators were individually interviewed after carrying out a mock theft in pairs. The time available for co-planning prior to the interview was manipulated so as to examine its effects on participants’: (1) verbal cues to deception; (2) cognitive load; and (3) attempted speech control during the interview. Having time available for planning was associated with greater statement immediacy, plausibility and within-pair consistency, but not with cognitive load or attempted control.