• Food for thought – empowering consumers: a critique of EU food labelling law

      Meiselles, Michala; University of Derby (Irish Society of European Law, 2021)
      Intended to support a sensible and independent decision-making process by consumers whilst preventing the spread of misinformation, food information is an essential means of communication with consumers. This paper asks how the effectiveness of the current system of food information in the European Union (EU) can be improved from the point of view of the consumer? To answer this question, the author looks at the deficiencies of the existing regulatory framework to show that whilst the current structure provides consumers with comprehensive and reliable information, the mechanics of the system are inadequate. In light of these gaps, the paper advocates the position that the EU should consider introducing a mandatory FOPNL (front-of-package nutrition label) supported by an information campaign, aimed at enhancing the ability of consumers to use food information to make rational and healthy food choices. To this end, this paper looks at the existing regulatory framework (part 1) before exploring the literature on mandatory disclosure regulation and highlighting the problems associated with food information from the consumer’s perspective (part 2). In the final segment, this paper looks at FOPNLs and the way in which the latter can be combined with an information campaign to enhance consumer food labelling literacy.
    • Was Quashing the Maji-Maji Uprising Genocide? An Evaluation of Germany’s Conduct through the Lens of International Criminal Law

      Bachmann, Klaus; Kemp, Gerhard; SWPS University of Social Sciences and Humanities; University of Derby (Oxford University Press (OUP), 2021-07-30)
      Recently, political actors in Tanzania have demanded compensation from Germany for colonial atrocities against various ethnic and religious groups during the Maji-Maji uprising (1905–1907). By analyzing first-hand archival records from Germany and Tanzania, this article examines whether German actions constitute genocide according to the Genocide Convention or the International Criminal Tribunals’ jurisprudence. The authors find strong evidence to support a claim of genocide, and assess the viability of potential compensation claims against Germany; they conclude, however, that such claims would meet significant obstacles due to the concept of state immunity for sovereign actions under international customary law, as well as case law of the International Court of Justice.
    • Regional Economic Communities as the Building Blocs of the African Continental Free Trade Area Agreement

      Ajibo, Collins .C; Nwankwo, Chidebe .M; Ekhator, Eghosa; University of Nigeria; University of Derby (MARVIS BV, 2021-06-16)
      The African Continental Free Trade Area Agreement (AfCFTA) recognises the Regional Economic Communities (RECs) as the building blocs for continent-wide integration in line with the historical efforts reflected in the Lagos Action Plan of 1980 and the transitional plan of the African Union (AU) articulated in the 1991 Abuja Treaty establishing the African Economic Community (Abuja Treaty). The AfCFTA enjoins State Parties that are members of other RECs, which have attained among themselves higher levels of elimination of customs duties and trade barriers than those provided for under the Protocol, to continue maintaining this, and where possible improve upon, existing higher levels of trade liberalisation among themselves. While RECs are fundamental to the African integration experience and are considered the building blocs of AfCFTA, several challenges may emerge. This paper examines the prospects and challenges of RECs under the recently established AfCFTA regime.
    • Pre-colonial legal system in Africa: an assessment of indigenous laws of Benin kingdom before 1897

      Ojo, Idahosa Osagie; Ekhator, Eghosa; University of Derby; University of Leeds (State University of New York, 2020)
      There were salient novelties in the legal system of the Benin Kingdom and other areas in pre-colonial Africa that promoted justice, peace, and order among people and communities. Special provisions such as collective responsibility in legal personality, the law of primogeniture, the fusion of laws and religion in theory and practice, and the recognition of societal status and political position in legal proceedings amongst other legal concepts were incorporated into the body of laws in Benin. Previous intellectual efforts center on the political, economic, and social aspects of history, largely neglecting these legal dynamics and other vital areas of the kingdom's organization. Hence, this study analyzes indigenous legal concepts in the Benin Kingdom using several varieties of primary and secondary sources. It contends that Benin, like other African societies, developed practical and useful legal concepts that helped in the consolidation of peace and harmony throughout its length and breadth, and that these indigenous Benin legal concepts were in force till 1897.
    • 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
    • Institutional development and the Astana international financial center in Kazakhstan

      Huang, Flora; Yeung, Horace; Bekmurzayeva, Zhanyl; Janaidar, Dina; University of Leicester; University of Derby; Academy of Public Administration, Kazakhstan; KAZGUU University, Kazakhstan (Washington University, 2021-01)
      This article investigates the most recent instance of the transplantation of English corporate and financial law into a different legal environment. The Astana International Financial Center (AIFC) in Kazakhstan was launched in 2018. The AIFC has largely built on the institutional model pioneered by the Dubai International Financial Center. This key institutional innovation is the transplanting and operation of laws based on the English common law, independent of their national legal systems (civil law systems, heavily influenced by Islamic tradition, and, in the case of Kazakhstan, also Soviet socialist principles). This article seeks to contribute to the understanding of the system of Kazakhstan, a strategically located but well under-investigated country, and a potentially viable institutional model for other aspiring financial centers. To the best knowledge of the authors, this work is the first ever English academic literature on the development of the AIFC.
    • Investigative empathy: Five types of cognitive empathy in a field study of investigative interviews with suspects of sexual offences

      Baker-Eck, Bianca; Bull, Ray; Walsh, Dave; University of Derby; De Montfort University (International Investigative Interviewing Research Group, 2021-04)
      Empathy in investigative interviews has increasingly become a focus in the recent literature on investigative interviewing as its implementation may aid in building and maintaining rapport. Displaying empathy in interviews is claimed to have positive impacts on the provision of investigation relevant information and the cooperation of interviewees. However, the literature currently omits practically operationalizing empathy, which would provide a means of implementing it effectively in investigative interviews. As such, the present study examines empathic displays by interviewers employed in interviews with suspects of high-risk crimes such as sexual offences in order to see what types are applied as a step towards identifying and possibly defining/operationalizing empathy during investigative interviews in the future. 19 audio-tapes of police interviews with suspects of sexual crimes in England and Wales conducted by experienced police interviewers were coded for their empathic displays and suspects’ level of cooperation throughout the interviews. Five different types of empathy were found to be employed. Interviews that had higher levels of suspect cooperation involved all five types of investigative empathy, whereas interviews in which fewer types of empathy were displayed had less cooperation (by offering less or no information). Thus, the use of investigative empathy in investigative interviews can indeed be recommended.
    • Enforcement strategies in Chinese capital market

      Huang, Flora; Liu, Junhai; University of Derby (Routledge, 2020-11-25)
      This chapter discusses the varieties of enforcement channels to protect investors, especially minority shareholders in the Chinese capital market. These channels include public enforcement by regulators such as the China Securities Regulatory Authority and the stock exchanges, and private enforcement in the form of litigations enabled by corporate and securities laws. Furthermore, alternative dispute resolutions are increasingly popular to resolve disputes. In this chapter, it is argued that all these enforcement channels together function as part of a comprehensive and integrated regulatory strategy to provide the much-needed law in action to support the phenomenal economic and financial growth in the country.
    • Risk management in stalking victims: A multi-agency approach to victim advocacy

      Jerath, Kritika; Tompson, Lisa; Belur, Jyoti; University of Derby; University of Waikato, Hamilton, New Zealand; University College London (SAGE Publications, 2020-12-15)
      A pilot Multi-Agency Stalking Intervention Programme (MASIP), introduced in three police forces in England, provided among a range of interventions, the delivery of safety planning advice, and needs-based support for stalking victims through a bespoke advocacy service. The ultimate aim of MASIP was to equip victims with tools to manage the variety of harms caused by stalking, as well as enable them to access the criminal justice system with adequate support. This study explores the personal needs of stalking victims from the perspectives of stalking victims, advocates and stakeholders involved in the intervention program, as part of a larger evaluation study conducted by the authors. Semi-structured interviews were conducted with a total of 10 stalking victims who participated in the MASIP, three advocates who directly interacted with the victims, and 19 MASIP stakeholders involved in the project. Findings revealed that overall, victims believed the advocacy service aided their ability to cope with the realities of stalking. Having a victim advocate as single point of contact made victims’ journey through the justice system easier to navigate, provided them with the emotional support that they required to deal with the harms of stalking and the practical advice offered regarding their personal safety, and allowed them to feel in control of their own risk management. Advocates reported that the multi-agency context helped in risk assessment and ability to design and deliver bespoke support plans, which uniquely improved victims’ engagement with the service. Due to the small size and possibly biased sample, our conclusions must be interpreted with caution.
    • The impact of interviewer working hours on police interviews with children

      Kyriakidou, Marilena; Blades, Mark; Cherryman, Julie; Christophorou, Stephanie; Kamberis, Andreas; Sheffield Hallam University; University of Sheffield; University of Portsmouth; University of Maastricht, Maastricht, Netherlands; University of Derby (Springer Science and Business Media LLC, 2020-05-18)
      Fatigue resulting from unpredictable or extended working conditions is a factor that negatively impacts the performance of police officers. In this study, we considered how investigative interviewing of children is influenced by interviewer working conditions. We examined two working conditions concerning when interviews were conducted: (a) during early duty shift and (b) an hour before the end of an interviewer’s duty shift and after the end of a shift. We analysed 102 police interviews with children and identified clues that interviews which commenced during early duty shift had more appropriate approaches than interviews in the other condition. Inappropriate approaches were not significantly affected by interviewer working conditions. These outcomes suggest considering new knowledge specific to the behaviour of interviewers according to working conditions and provide promising foundations for further research.
    • The impact of context on real-life serious crime interviews

      Leahy-Harland, Samantha; Bull, Ray; Bournemouth University; University of Derby (Routledge, 2020-11-25)
      This study examined real-life audio-taped police interviews with 56 serious crime suspects in England and Wales. It provides an analysis of how suspects responded and behaved during the interviews and considers how suspects’ responses may be affected by contextual characteristics including the presence of legal advisors. It was found that fewer suspects admitted these serious offences in comparison to previous studies, with most suspects who did admit doing so early on in the interview. The majority of suspects’ responses were identified as ‘relevant’, only a very small proportion of interviews were assessed as ‘challenging’. Significant associations between suspects’ responses and context were found. Specifically, if the (alleged) victim was female, the location of the offence was in-doors, and there was no clear motive, then suspects were more likely to say ‘no comment’ than to respond relevantly. Suspects who were 32 years of age or over, and had previous criminal convictions, were more likely to respond ‘relevantly’ than say ‘no comment’. The study also found that whilst present in the majority of interviews, the contributions of legal advisors were minimal (though more frequent legal advisor contributions were associated with increased use of police strategies).
    • AfCFTA: An emergent concept of 'Lex Mercatoria Africana'?

      Ekhator, Eghosa; University of Derby (AfronomicsLaw Blog, 2020-09-19)
    • Stock connect: Integration, internationalisation and implementation

      Huang, Flora; University of Derby (Sweet and Maxwell, 2021-05-20)
      Stock Connect is a stock exchange collaboration between China and international bourses such as Hong Kong and London. In contrast to existing literature mostly focusing on economic analysis, this article explores the legal issues in Stock Connect and makes practical contributions by appraising the successes and failures of this scheme.
    • Women and access to environmental justice in Nigeria

      Ekhator, Eghosa; University of Derby (Institute for African Women in Law, 2020-10)
    • Exploring investigative interviewing: A Dubai perspective

      Almansoori, Rashid; Milne, Rebecca; Bull, Ray; Forensic Science and Criminology General Department, Dubai Police, Dubai, United Arab Emirates; University of Portsmouth; University of Derby (Elsevier, 2020-03-14)
      Once a crime has been committed and reported, one of the main tasks of the police is to gather relevant information (Milne and Bull, 1999). An essential source for gathering such information is the investigative (or law enforcement) interview (Milne and Powell, 2010). Gudjonsson and Pearse (2011) noted that in the interest of fairness and justice, information gathered by the police has to be accurate, intelligible, coherent, and credible; whilst being obtained fairly and legally. This is especially true for sex crimes (one of the main crime types designated as ‘major crime’ in Dubai), where it is often a ‘word versus word’ challenge between the alleged victim and the alleged suspect (Kebbell et al., 2006). Suspects in sex crimes may also be more likely to deny their involvement due to perceived social condemnation (Thomas, 2002; Ward et al., 1997) which may add a layer of complexity to the interview process. This is particularly true in socially conservative countries, like the UAE. Studies examining police interviewing have been mainly conducted in English-speaking and European countries (Baldwin, 1992; Clarke and Milne, 2001; Häkkänen et al., 2009; Kassin et al., 2003; Kassin et al., 2007; Read et al., 2014; Vanderhallen et al., 2011; Volbert and Baker, 2016; Walsh and Bull, 2015; Westera et al., 2016) or in Far East Asia (Wachi et al., 2014; Goodman-Delahunty, 2016). The findings from these studies may not be entirely generalizable to countries whose culture and policing practices differ. For example, the police in the UAE (and Dubai) are tasked with taking statements only and cannot confront suspects with evidence, as this is part of the Public Prosecution's mandate. This study therefore examined Dubai police officers’ perceptions of interviewing individuals in major crime. This article starts with a brief overview of Dubai, its police force and interviewing laws before moving on to describe the method, results and discussion.
    • U.S. franchise regulation as a paradigm for the European Union

      Meiselles, Michala; Emerson, Robert; University of Derby; University of Florida (Washington University, 2021)
      The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Sparked by the European Parliament’s call to review regulations governing Europe’s underperforming retail franchise sector, we propose reforms to counter the structural and economic inequality between franchise parties. Drawing on lessons from comparatively successful federal frameworks, we present a regulatory trifecta of mandatory disclosures to prospective franchisees, required express or implied contractual obligations and rights for both franchisors and franchisees, and compulsory adherence to certain protections of franchisees throughout the franchise relationship.
    • 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.
    • Institutional development and the Astana international financial center in Kazakhstan

      Huang, Flora; Yeung, Horace; Bekmurzayeva, Zhanyl; Janaidar, Dina; University of Essex (Washington University, 2020)
      This article investigates the most recent instance of the transplantation of English corporate and financial law into a different legal environment. The Astana International Financial Center (AIFC) in Kazakhstan was launched in 2018. The AIFC has largely built on the institutional model pioneered by the Dubai International Financial Center. This key institutional innovation is the transplanting and operation of laws based on the English common law, independent of their national legal systems (civil law systems, heavily influenced by Islamic tradition, and, in the case of Kazakhstan, also Soviet socialist principles). This article seeks to contribute to the understanding of the system of Kazakhstan, a strategically located but well under-investigated country, and a potentially viable institutional model for other aspiring financial centers. To the best knowledge of the authors, this work is the first ever English academic literature on the development of the AIFC.
    • RE: AB (termination of pregnancy)[2019] EWA CIV 1215: ‘wishes and feelings’ under the mental capacity act 2005

      Cherkassky, Lisa; University of Derby (Oxford University Press (OUP), 2020-06-15)
      In Re: AB (Termination of Pregnancy), the Court of Appeal was asked to consider an assumption made about the future living arrangements of a pregnant patient, and the weight to be ascribed to her wishes and feelings when she had no real understanding of her predicament. This commentary explores the importance of taking into account the perspective of the patient, even if suffering from a mental disorder, and it will analyse the existing common law to show that the weaker the ability of the patient to form her own wishes and feelings, the more appropriate it would be to rely on the remaining evidence.