• Sino-African trade: A multi-layered appraisal

      Huang, Flora; Yeung, Horace; University of Derby; University of Leicester (Electronic Publications, 2020-04)
      There are both believers and critics on the state and potential of Sino-African trade. For example, China’s Belt and Road Initiative (BRI) is expected to benefit several African countries. At the same time, some critics refer to it as ‘debt trap diplomacy’ for China to politically and economically exploit the countries involved. Nearly a decade ago, China surpassed the US to become Africa’s largest trading partner. Sino-African trade is now four times larger than that of US-Africa. While the importance of Sino-African trade can be seen in the scale of trade and investment, this article at the same time concerns the legal, and also some non-legal mechanisms such as BRI and the Forum on China-Africa Cooperation, to take the bilateral/multilateral relations to the next level. Other than continental and country level perspectives, firm level considerations cannot be ignored. Chinese companies now dominate in certain Africa’s business sectors and are rapidly expanding into new sectors. There have been concerns regarding the behaviour of certain Chinese companies in Africa. Through a multi-level analysis, the article endeavours to form a comprehensive picture of the closer than ever Sino-African trade relations.
    • 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.
    • 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.
    • Energy law and policy in Nigeria with reflection on the International Energy Charter and domestication of the African Charter

      Ekhator, Eghosa; Agbaitoro, Godswill; University of Derby; University of Essex (Pretoria University Press, 2019-12)
      The aim of this chapter is to examine the benefits of the International Energy Charter (IEC) to signatory countries with a view to illustrating its future relevance and potential influence in respect of energy laws and policies in Nigeria. The intended outcome of the chapter is to highlight the critical role of the IEC in global energy governance and its impact on Nigeria. Moreover, it will discuss how the IEC has contributed to the ability of signatory countries to enhance international cooperation aimed at addressing common energy challenges while enabling them to harness their full energy resource potential. The research question sought to be answered is whether the IEC has the requisite elements to transform Nigeria’s energy laws and policies so as to bring about positive outcomes in the country’s energy sector. The chapter argues that lessons can be gleaned from the successful domestication and implementation of the African Charter on Human and Peoples’ Rights (African Charter) in Nigeria in this regard.
    • 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.
    • Witnesses’ verbal evaluation of certainty and uncertainty during investigative interviews: Relationship with report accuracy

      Paulo, Rui; Bull, Ray; Albuqurque, Pedro; Derby University (Springer, 2019-06-07)
      The Enhanced Cognitive Interview (CI) is a widely studied method to gather informative and accurate testimonies. Nevertheless, witnesses still commit errors and it can be very valuable to determine which statements are more likely to be accurate or inaccurate. This study examined whether qualitative confidence judgments could be used to evaluate report accuracy in a time-saving manner. Forty-four participants watched a mock robbery video and were interviewed 48 h later with a revised CI. Participants’ recall was categorized as follows: (1) evaluated with very high confidence (certainties), (2) recalled with low-confidence utterances (uncertainties), or (3) recalled with no confidence markers (regular recall). Certainties were more accurate than uncertainties and regular recall. Uncertainties were less accurate than regular recall; thus, its exclusion raised participants’ report accuracy. Witnesses were capable of qualitatively distinguishing between highly reliable information, fairly reliable information, and less reliable information in a time-saving way. Such a distinction can be important for investigative professionals who do not know what happened during the crime and may want to estimate which information is more likely to be correct.
    • 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.
    • Shareholder protection in China from a numerical comparative law perspective

      Huang, Flora; Yeung, Horace; University of Essex; University of Leicester (Oxford Academic, 2019-04-16)
      The traditional approach in legal comparative research is doctrinal rule based. A relatively recent breakthrough has been the use of econometric techniques in comparing the extent of success in different jurisdictions with respect to, for example, protecting shareholders. The meshing of legal research and econometrics is known as ‘leximetrics’. One of the most prominent and widely cited use of leximetrics is the seminal study by Rafael La Porta and colleagues on the correlation between shareholder protection and financial development. The study, though highly influential, has attracted various criticisms. Subsequent studies have sought to build on the study by coming up with improved research design. For example, using a panel data set covering a range of developed and developing countries, researchers from the Cambridge Centre for Business Research have discovered that a significant upward movement in the level of shareholder protection was made by China between 1990 and 2013. It has been suggested that, during this period, China experienced the ‘biggest increase in shareholder protection’ among 30 countries studied, and China was amongst the top performers (along with France and Russia) in shareholder protection in 2013, performing even better than the United Kingdom and the USA. At the same time, the World Bank’s Protecting Minority Investors Index, which forms part of its Doing Business reports, has recently painted a rather opposite picture, in contrast to the positive assessment by the Centre for Business Research, by putting China in the 119th position out of 190 countries, which indicates a very mediocre performance. This article seeks to address the question of whether and how the two studies, both employing leximetric techniques and examining an ostensibly similar issue, can point to discrepant results.
    • Y v A Healthcare Trust and the Mental Capacity Act 2005: taking gamete retrieval to the bank

      Cherkassky, Lisa; University of Derby (Sweet & Maxwell, 2019-04)
      Comments on the application in Y v A Healthcare NHS Trust (CP) of the best interests test set out in the Mental Capacity Act 2005 s.4 to the retrieval of sperm from a man suspected of being brainstem dead, and the approach to consent to storage and use in fertility treatment by his wife. Questions whether a construction of best interests which extends to potential wishes is appropriate in the strictly regulated context of assisted conception.
    • International licensing agreements: IP, technology transfer and competition law.

      Meiselles, Michala; Wharton, Hugo; University of Derby (Wolters Kluwer, 2018-10-16)
      About this book: A guide to the complex world of international licensing agreements grouping together all the essential materials needed when considering cross-border licensing agreements. What’s in this book: As a step-by-step guide to drafting international licensing agreements, this book ensures that the needs of each contracting party are addressed. This expert guide covers the following: business models that may be used by the contracting parties; standard provisions encountered in an array of international licensing agreements; analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; effect of competition law in a variety of jurisdictions; ensuring trademark protection at both national and international levels; clear explanation of key franchising terminology and disclosure rules; and effect of international dispute resolution rules in a range of jurisdictions. Alongside contract analysis, this book details numerous case studies from an array of industries that ensure the accommodation of sector-specific issues. For practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements. The book’s thorough incorporation of detailed contract analysis will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.
    • Whatever happened to repeat victimisation?

      Pease, Ken; Ignatans, Dainis; Batty, Lauren; University of Derby (Springer Link, 2018-10-04)
      Crime is concentrated at the individual level (hot dots) as well as at area level (hot spots). Research on repeat victimisation affords rich prevention opportunities but has been increasingly marginalised by policy makers and implementers despite repeat victims accounting for increasing proportions of total crime. The present paper seeks to trigger a resurgence of interest in research and initiatives based on the prevention of repeat victimisation.
    • The regulation of illegal fundraising in China

      Huang, Flora; Liu, Xinmin; Yeung, Horace; University of Essex (Taylor and Francis, 2018-10-03)
      The rise of financial technology means that it is easier than ever to raise funds from a large group of people, notably via peer-to-peer lending or crowdfunding platforms. This article seeks to discuss the law on illegal fundraising, which has existed for some time before the boom of the Internet, as a legal response to the increasing number of fundraising from the public. Regulation is necessary to ensure market order and investor protection. Virtually in all markets, there are restrictions on how entities can make a public offer of shares, bonds and/or other investment schemes. There are several laws, most notably criminal law, in China that are relevant to illegal fundraising. An individual/company can poten- tially breach one or more of these rules as long as they attempt to raise funds from a non-conventional (i.e. not stock markets or banks) route. The worst outcome of this used to be death penalty. There has been a degree of ambiguities in the application of these laws. The article will attempt to clarify these ambiguities. The regulation of illegal fundraising can have a far reaching conse- quence on the financial markets in China, considering that non- state entities, particularly small and medium-sized enterprises, have limited access to conventional finance. The article will con- sider whether China is on the right track in terms of regulation to allow alternative fundraising channels to thrive. This article is the first ever to present a holistic account of the regulation of illegal fundraising in China.
    • Crime concentrations: Hot dots, hot spots and hot flushes.

      Ignatans, Dainis; Pease, Ken; University of Huddersfield; University College London (Oxford University Press, 2018-09-14)
      None
    • Mapping repeated interviews

      Waterhouse, Genevieve F.; Ridley, Anne M.; Bull, Ray; La Rooy, David; Wilcock, Rachel; University of Derby; University of Winchester; London South Bank University; University of London (Springer, 2018-09-14)
      The present study introduces an adaptation of the Griffiths Question Map (GQM; Griffiths & Milne, 2006) which extends the chronological, visual map of question types used in an investigative interview to include child interviewee’s responses (through the addition of the Interview Answer Grid, IAG). Furthermore, it provides a rare evaluation of repeated interviews with children. From a sample of transcripts of Scottish repeated interviews with child victims, two ‘good’ and two ‘poor’ first interviews were chosen based on interviewer question types. First and second investigative interviews of these four children were mapped using the GQM and IAG in order to examine across the two interviews the similarity of interviewer and interviewee behaviours and the consistency and investigative-relevance of information provided. Both ‘good’ and ‘poor’ interviews were found to include practices discouraged by interviewing guidelines, which would not have been identified by examining question proportions alone. Furthermore, ‘good’ first interviews were followed by second interviews which began with poor question types, suggesting a possible impact of confirmation bias. Social support was also assessed and found to be used infrequently, mainly in response to the child being informative rather than pre-emptively by interviewers in an attempt to encourage this. Children were also found to disclose throughout their second interviews, suggesting that rapport-maintenance is vital for single and multiple interviews. The use of the GQM and IAG are encouraged as techniques for determining interview quality.
    • Is it just a guessing game? The application of crime prevention through environmental design (CPTED) to predict burglary.

      Monchuk, Leanne; Pease, Ken; Armitage, Rachel; University of Huddersfield; University College London; Applied Criminology & Policing Centre, University of Huddersfield, Huddersfield, UK; UCL Jill Dando Institute of Security and Crime Science, London, UK; Applied Criminology & Policing Centre, University of Huddersfield, Huddersfield, UK (Taylor and Francis, 2018-08-27)
      Crime prevention through environmental design (CPTED) aims to reduce crime through the design of the built environment. Designing out crime officers (DOCOs) are responsible for the delivery of CPTED by assessing planning applications, identifying criminogenic design features and offering remedial advice. Twenty-eight experienced DOCOs from across England and Wales assessed the site plan for one residential development (which had been built a decade earlier) and identified crime risk locations. Predictions of likely locations were compared with 4 years’ police recorded crime data. DOCOs are, to varying extents, able to identify locations which experienced higher levels of crime and disorder. However, they varied widely in the number of locations in which they anticipated burglary would occur.
    • Jail inmates’ perspectives on police interrogation.

      Cleary, Hayley M. D.; Bull, Ray; Virginia Commonwealth University; University of Derby; Department of Criminal Justice, L. Douglas Wilder School of Government and Public Affairs, Virginia Commonwealth University, Richmond, VA, USA; Department of Law, Criminology, and Social Sciences, University of Derby, Derby, UK (Taylor and Francis, 2018-07-26)
      Few studies have examined police interrogation strategies from suspects’ perspectives, yet assessing suspects’ views about interviewer approaches could provide important insights regarding confession decision making. The current study is the first American survey to assess a diverse sample of adult jail inmates’ views on police interrogation tactics and approaches. The study explored US jail inmates’ (N = 418) perspectives about how police should conduct interrogations. Potential dimensionality among 26 survey items pertaining to police tactics was examined using exploratory factor analysis. Group differences according to demographic and criminological variables were also explored. Four factors emerged, conceptualized as Dominance/Control, Humanity/Integrity, Sympathy/Perspective-Taking, and Rapport. Respondents most strongly endorsed Humanity/Integrity and Rapport strategies and were unsupportive of approaches involving Dominance/Control. Gender differences emerged for Dominance/Control and Humanity/Integrity, and Black respondents were more likely to value strategies related to Sympathy/Perspective-Taking. Suspects endorsed interrogation strategies characterized by respect, dignity, voice, and a commitment to the truth; they reported aversions to the false evidence ploy and approaches involving aggression. Overall, results from this incarcerated sample suggest that interviewees may be more responsive to rapport-building, non-adversarial strategies.
    • Law–finance–growth nexus in the context of Africa

      Huang, Flora; Yeung, Horace; University of Essex (De Gruyter, 2018-04-26)
      This article seeks to put the law–finance–growth nexus into the context of Africa. As of 2017, the African Securities Exchanges Association has 27 securities exchanges as full members. The Johannesburg Stock Exchange is the most developed of all, especially with respect to its market capitalization. Its socio-legal proximity with the English system may provide a good explanation to its phenomenal growth relative to the rest in the region. However, such a socio-legal proximity is indeed shared by a number of other former British colonies such as Nigeria and Zimbabwe. Law alone may not account for the rise of the Johannesburg Stock Exchange. Furthermore, this article seeks to argue whether there is a genuine need for the African countries to have a stock market, which requires highly evolved legal, market and governmental institutions and norms that often do not pre-exist in these countries. On the one hand, the article will look at Africa in general. On the other hand, it will put certain discussions into the context of selected African countries.
    • Institutions and economic growth in Asia: The case of mainland China, Hong Kong, Singapore and Malaysia

      Huang, Flora; Yeung, Horace; University of Essex (Routledge, 2018-04-03)
      This book explores the role of institutions in economic growth, looking in particular at specific Asian countries and at particular cities within those countries. It considers a wide range of factors besides institutions, including the law, cultural factors and overall government arrangements. The differences between the countries studied are highlighted, and the impact of these differences assessed: the impact of English common law on arrangements in Hong Kong, Singapore and Malaysia; sharia law in Malaysia; the differing lengths of time of colonial rule; the extent to which Chinese family businesses control an economy. Also studied are the degree to which the law is effectively applied, and a range of other social, economic and cultural factors. The book’s conclusions as to which factors have the greatest impact will be of considerable interest to economists of Asia and those interested in economic growth more widely.
    • Twenty-seven years of controversy: The perils of PGD

      Cherkassky, Lisa; University of Derby (BioCore, 2018-01-17)
      It has been 27 years since the Human Fertilisation and Embryology Act 1990 was passed in the United Kingdom in response to advances in fertility treatment. Preimplantation genetic diagnosis - the screening of embryos for genetic diseases - has led to lengthy ethical debates on sex selection, eugenics, disabilities, saviour siblings, surplus embryos and most recently, adult-onset diseases (the BRCA cancer gene). This article provides an overview of how the law and practice of PGD in the United Kingdom and United States over the last quarter of a century has developed into new ‘branches’ of PGD, and predicts where they may be heading in the future. It concludes that many of the adverse views on PGD are unfounded and that some of these unique branches may develop to accommodate the screening of additional social traits. An underlying conflict between reproductive autonomy and a right to an open future is also rising under the surface to be noted for the future.