• 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.
    • 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.
    • 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.
    • 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)
      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.
    • 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.
    • 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.
    • 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).
    • Women and access to environmental justice in Nigeria

      Ekhator, Eghosa; University of Derby (Institute for African Women in Law, 2020-10)
    • AfCFTA: An emergent concept of 'Lex Mercatoria Africana'?

      Ekhator, Eghosa; University of Derby (AfronomicsLaw Blog, 2020-09-19)
    • 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.
    • International environmental governance: A case for sub-regional judiciaries in Africa

      Ekhator, Eghosa Osa; University of Derby (Palgrave Macmillam, 2020-08-21)
      Arguably, due to the non-justiciability of the right to environment doctrine in many African countries, Non-governmental Organisations (NGOs), activists, communities and individuals now utilise the sub-regional judiciaries in accessing justice in environmental issues. This chapter focuses on the Economic Community of West African States (ECOWAS) Community Court of Justice (ECCJ) and the East African Court of Justice (EACJ) because they are amongst the most active sub-regional judiciaries in Africa. The main question this chapter addresses is whether the rise of environmental governance or litigation in sub-regional judiciaries leads to better environmental protection for the victims and communities. The methodology adopted in this study is of a doctrinal nature that consists of library-based texts analysis. This paper undertakes a critical analysis of the emergent environmental governance under the sub-regional judiciaries in Africa.
    • Police interview of suspects in China: developments and analyses

      Zeng, Fanging; Huang, Ching-Yu; Bull, Ray; University of China; Keele University; University of Derby (Sage, 2020-08-13)
      This paper investigates the power dynamics in police interviews with suspects in China by examining a real-life sample. It first overviews some recent developments and legislation in China regarding police interviewing of suspects, followed by outlining the linguistic and psychological research which the analyses are based upon. The interviews are examined using critical discourse analysis that reveals the high-power position of the Chinese police in suspect interviews. However, the large proportion of open questions found in the interviews is encouraging, as this suggests that the regulations outlawing use of evidence obtained by torture or other illegal means is taking effect. This paper is the very first to empirically examine actual Chinese police interviews with suspects, providing valuable insights for theories and practice.
    • 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.
    • Improving pofessional observers’ veracity judgements by tactical interviewing

      Sandham, Alex; Dando, Coral; Bull, Ray; Ormerod, Tom; University of Gloucestershire; University of Westminster; University of Derby; University of Sussex (Springer, 2020-06-25)
      Understanding whether a person of interest is being truthful during an investigative interview is a constant challenge and is of concern to numerous criminal justice professionals, most of whom are not involved in conducting the interview itself. Here we investigated police observers’ veracity detection performance having viewed interviews with truthtellers and deceivers using either the Tactical Use of Evidence (TUE), Strategic Use of Evidence (TUE) or a Control technique. Thirty serving police officers participated as post interview observers and each viewed 12 interviews in a counterbalanced order. Immediately post each interview each officer made a veracity judgment. Overall, untrained police observers were significantly more accurate (68%) when making veracity judgments post TUE interviews whereas for both SUE and Control performance was around chance (51% and 48%, respectively). Veracity performance for liars and truthtellers revealed a similar pattern of results (67% liars; 70% truthtellers) in the TUE condition. These results lend further support to the psychological literature highlighting the importance of how and when to reveal evidence or any other relevant event information during an investigative interview for ‘outing’ deceivers as well as allowing truthtellers early opportunities to evidence their innocence.
    • 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.
    • 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.
    • 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, 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 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.
    • Investigative empathy: a strength scale of empathy based on European police perspectives

      Baker, Bianca; Bull, Ray; Walsh, Dave; University of Derby; De Montfort University (Taylor and Francis, 2020-05-14)
      A growing body of research suggests that empathy may play a major role in establishing and maintaining rapport during police interviews. The benefits of rapport include not only increased cooperation from interviewees, but also gaining more accurate investigation-relevant information. However, despite a large amount of research on empathy which already exists, there still is, unfortunately, no universally agreed-upon definition and very little research on operationalizing and implementing appropriate forms of empathy, especially within the realm of investigative interviewing. Therefore, the present study was conducted with the goal of better understanding empathy from a police perspective and developing a way to assess and operationalize empathy for use in police interviews with suspects of high risk crimes (particularly with sex offences). The study considers police interviewers’ varying definitions of empathy in seven European countries, along with other factors. It analyzed police interviewers’ self-reports regarding their (i) training and methods employed during interviews, (ii) application of empathy in interviews, and (iii) definitions/understanding of empathy. Based on their answers, the various definitions of empathy were compiled and then placed on a new strength scale. It was found that officers in all participating countries varied within each country in their use of accusatory or information-gathering interview styles, suggesting that the methods employed were not systematically and uniformly taught and/or applied. The majority of participants in each country claimed to currently employ empathy in their interviews with suspects, yet they varied on their strength of the definitions provided. In no country was empathy considered useless in interviews and in no country was empathy defined as having aspects that may not be conducive to investigative interviewing.