Research

Main Areas of Research:

  • In the field of International Law, I am currently researching the issue of plurilingualism in relation to multilateral treaties. I completed a book chapter on aspects of the interpretation of plurilingual treaties in 2010 and I am currently engaged in a more conceptual and theoretical analysis.
  • I also have a key research interest in the crime of apartheid (including the war crime of the practices of apartheid). Although my work to date asks the lawyer's question - the criteria used in the actual practice of international criminal law to identify an international crime (a largely descriptive account), I am increasingly drawn to the philosopher's question - what is it about some practices that makes it appropriate or even morally required to subject them to international criminalization (a normative approach)?
  • In the field of Commercial law, my primary focus to date has been on the relationship between property law and commercial law with special reference to the role of equitable property interests in commercial transactions.

Other Areas of Research:

  • Codification of (international) criminal law and criminal law defences (theory of)
  • Statehood and Recognition (with particular emphasis on the role of the United Nations)
  • International Measures to Prevent the Financing of Terrorism with particular emphasis on the role of the United Nations Security Council

I welcome applications from suitably qualified doctoral students who are interested in researching any of these areas.

Edited Books:

  • Economic Sanctions and International Law (with Matthew Happold) (Hart Publishing, Oxford, 2016)
  • September 11, 2001: A Turning Point in International and Domestic Law (with Thérèse O’Donnell) (Transnational Publishers, Ardsley, New York, 2005)
  • Companies Act, 61 of 1973 and Close Corporations Act 69 of 1984: with regulations, tables of cases and indexes (with J T Pretorius) (Juta & Co Ltd, Cape Town, 1991) also published as Maatskappywet 61 van 1973 en Wet op Beslote Korporasies 69 van 1984: met regulasies, vonnisregisters en bladwysers

Chapters in Books:

  • "United Nations Targeted Sanctions, Human Rights and the Office of the Ombudsperson" in Matthew Happold and Paul Eden (eds) Economic Sanctions and International Law (Hart Publishing, Oxford, 2016) 135-170
  • "Plurilingual Treaties: Aspects of Interpretation" in Alexander Orakhelashvili and Sarah Williams (eds) 40 Years of the Vienna Convention on the Law of Treaties (BIICL, London, 2010) 155-182
  • "Re Goldcorp Exchange Revisited” in Elizabeth Cooke (ed) Modern Studies in Property Law - Volume 3: Property 2004 (Hart, Oxford, 2005) 177-199
  • “Introduction” in Paul Eden and Thérèse O’Donnell (eds) September 11, 2001: A Turning Point in International and Domestic Law (Transnational Publishers, Ardsley, New York, 2005) (with Thérèse O’Donnell) 3-24
  • “International Measures to Prevent and Suppress the Financing of Terrorism” in Paul Eden and Thérèse O’Donnell (eds) September 11, 2001: A Turning Point in International and Domestic Law (Transnational Publishers, Ardsley, New York, 2005) 647-684
  • “The Equitable Ownership of Shares” in Elizabeth Cooke (ed) Modern Studies in Property Law - Volume 2: Property 2002 (Hart, Oxford, 2003) 183-201
  • “Electronic Commerce – Law and Policy” in Yaman Akdeniz, David Wall and Clive Walker (eds) The Internet, Law and Society (Longmans, Harlow, 2000) 349-369

Journal Articles:

  • "The Practices of Apartheid as a War Crime - A Critical Analysis" (2013) 16 Yearbook of International Humanitarian Law 89-117 (published in 2015)
  • “The Role of the Rome Statute in the Criminalization of Apartheid” (2014) 12 Journal of International Criminal Justice 171-191
  • "Palestinian Statehood: Trapped between Rhetoric and Realpolitik" (2013) 62 International and Comparative Law Quarterly 225 - 239
  • “'Wish you weren’t here!' The House of Lords and ‘benefit tourism’" (2000) 1 Hibernian Law Journal 324-338
  • "Beneficial Ownership of Shares: The Implications of Re Harvard Securities” (2000) 16 Insolvency Law and Practice 134-7 and 175-8
  • "The Deductibility of Losses resulting from Irrecoverable Loans” [1995] Acta Juridica 28-55
  • “Criminal Liability and the defence of Superior Orders” (1991) 108 South African Law Journal 640-655

Shorter Articles:

  • "Symposium: The Relationship between International Humanitarian Law and International Human Rights Law" (2010) 14 Journal of Conflict and Security Law 441-447 (with Matthew Happold)
  • “Solomon or Pontius Pilate? The Law Commission and the Death Penalty” (1993) 9 South African Journal of Human Rights 297-301
  • “The Administrative Act of Income Tax Assessment: The Tyranny of the Unexercised Discretion” (1992) 109 South African Law Journal 696-707 (with T S Emslie)

Casenotes:

  • A (FC) and others v. Secretary of State for the Home Department [2005] UKHL 71; ILDC 363 (UK 2005) in Oxford Reports on International Law in Domestic Courts (ILDC) - an OUP online database
  • Occidental Exploration and Production Co. v. Ecuador [2005] EWCA Civ 1116; ILDC 201 (UK 2005) in Oxford Reports on International Law in Domestic Courts (ILDC) - an OUP online database
  • Ecuador v Occidental Exploration and Production Co. [2005] EWHC 774 (Comm); ILDC 92 (UK 2005) in Oxford Reports on International Law in Domestic Courts (ILDC) - an OUP online database
  • R v. Zardad (Royal Courts of Justice - Central Criminal Court (Old  Bailey) 7 April 2004) Case No T2203 7676; ILDC 95 (UK 2004) in Oxford Reports on International Law in Domestic Courts (ILDC) - an OUP online database
  • “Provocation and the Onus of Proof” – Michael Yearwood v. The Queen [2001] UKPC 31 in (2002) 66 Journal of Criminal Law 239-242
  • “Fraudulent Evasion of Prohibition on Importation of Goods” - R v Forbes (Giles) [2001] UKHL 40, [2001] 3 WLR 428” in (2002) 66 Journal of Criminal Law 53-56
  • The taxation of trusts in South African Law or Can a Trust be Taxed?” (1991) 108 South African Law Journal 231-237 (with T S Emslie)

Book Reviews:

  • Review of The Irish Yearbook of International Law in (2008) 79 British Yearbook of International Law 402-403
  • Review of Arianna Pretto-Sakmann Boundaries of Personal Property: Shares and Sub-Shares (Hart, Oxford, 2005) in [2006] 70 The Conveyancer and Property Lawyer 309-318
  • Review of Iwan Davies (ed) Security Interests in Mobile Equipment (Ashgate, Aldershot, 2002) in (2004) 2 Journal of International Commercial Law 413-419
  • Review of Leslie C. Green Essays on the Modern Law of War 2nd edn. (Transnational Publishers, New York, 1999) in (2002) 51 International and Comparative Law Quarterly 189-190
  • Review of Clive Symmons Ireland and the Law of the Sea 2nd edn. (Round Hall/Sweet and Maxwell, Dublin, 2000) in (2001) 50 International and Comparative Law Quarterly 467-8

Online publications and blogposts

Conference Papers and other Research

  • "Can a Notification Under Article 50 TEU Be Withdrawn?" - a paper given at the Sussex Law School's Public International Law Research Cluster Work-in-Progress Seminar Series on Wednesday 7th December 2016 in the Freeman Building (Room F-22).

  • "The Role of Justification and Excuse in the Creation of a Rational Criminal Code" - a paper given to Does Jersey Need a Criminal Code? Current Issues in Criminal Law a conference held in Jersey on 2nd November 2015 under the auspices of the Institute of Law Jersey.
  • "The Effect of Bribery on International Investment Arbitration Awards" - a paper given at the Sussex Law School's Competition, Government Procurement and Economic Governance Knowledge Exchange Meeting held in the Freeman Building (Room G-16) on 28-29 May 2015.
  • “Crimea and the Concept of Aggression” – a paper given at an International Conference The Case of Crimea in the light of International Law: its Nature and Implications held in Warsaw, Poland on 19-20 March 2015. A YouTube video of the presentation can be found here (see 02:45 - 19:29)
  • "Mystifying the Art of Interpretation: The Challenge of Plurilingual Treaties" a paper given to the Sussex Law School Research in Progress Seminar Series held in the Freeman Building (Room F-22) on Wednesday 1st October 2014 at 14:00.
  • "Mystifying the Art of Interpretation: The Challenge of Plurilingual Treaties" a paper given to the SLS International Law Subject Section at the SLS Annual Conference held at the University of Nottingham on Wednesday 10 September 2014 at 09:00.
  • "The Rotterdam Rules and the Problem of the Interpretation of Plurilingual Treaties" a paper given to the SLS Maritime Law Subject Section at the SLS Annual Conference held at the University of Nottingham on Tuesday 9 September 2014 at 16:00.
  • "Apartheid in America: Truth, Reconciliation and the Alien Tort Statute" - a paper given on 21 June 2014 to an interdisciplinary colloquium organised by the BISR Guilt Group in the Birkbeck Institute for Social Research.
  • "The Practices of Apartheid as a War Crime - A Critical Analysis" - a paper given on 5 February 2014 to the Sussex Research in Criminal Law, Criminal Justice and Criminology group seminar held in the Friston Building at the University of Sussex.
  • "Palestinian Statehood: Trapped between Rhetoric and Realpolitik" - a paper given on 30 April 2012 at Contemporary Issues in Statehood and Recognition, 21st Conference on Theory and International Law co-organised by the Society of Legal Scholars International Law Subject Section and the British Institute of International and Comparative Law and held at Charles Clore House, 17 Russell Square, London.
  • "Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) (ICJ judgment of 3 February 2012)" - a paper (delivered jointly with Professor Craig Barker) given on 9 March 2012 at State Immunity and Human Rights a workshop organised by the the Centre for Rights, Responsibilities and the Law at the University of Sussex as part of their 2012 seminar series Rights in an Age of Responsibilities and held in the Friston Building at the University of Sussex.
  • "Assessing the effectiveness of international measures to prevent and suppress the financing of terrorism since 11 September 2001" - a paper given on 11 July 2006 at The 'War on Terrorism': Legal, Military and Political Strategies a two day international conference organised by the International & European Law Unit, Liverpool Law School (with sponsorship from the Society of Legal Scholars and the British Red Cross) and held at the University of Liverpool on 11-12 July 2006
  • "C-138/02, Brian Francis Collins: A Practitioner's View" - a paper given at Contours of Citizenship in EU Law a one-day workshop exploring European citizenship from immigration, free movement and constitutional perspectives held at the Sussex Law School on 9th February 2005
  • "Re Goldcorp Exchange Ltd Revisited" - a paper given at the 5th Biennial Centre for Property Law Conference at the University of Reading on 25th March 2004. Published in Modern Studies in Property Law - Volume III: Property 2004 edited by Elizabeth Cooke (Hart, Oxford, 2005) 177-199
  • "The legal effect of transfers of shares in breach of transfer restrictions in the articles of association" - a paper given on 17th September 2003 at the Company Law section of the 2003 Society of Legal Scholars conference held at St Catherine's College, Oxford 17-20th September 2003
  • "The Equitable Ownership of Shares" - a paper given at the 4th Biennial Centre for Property Law Conference at the University of Reading on 25th March 2002. Published in Modern Studies in Property Law - Volume II: Property 2002 edited by Elizabeth Cooke (Hart, Oxford, 2003) 183-201
  • "Electronic commerce - law and policy" a paper delivered to a Socrates Workshop on Information Law and Technology at the School of International Studies and Law, University of Coventry on 12 March 1999
  • "Practice note no. 31 and the deductibility of losses arising from loans becoming irrecoverable" a seminar paper delivered to the Business Law Research Group at the University of Leeds on 21 November 1995
  • "The Long Paw of the Law: The Admissibility of Tracker Dog Evidence or When is a police dog's bark worse than his bite?" A public lecture given in the High Court, Bulawayo, Zimbabwe at the invitation of the Legal Resources Centre (Bulawayo Branch), January 1995 (11 pages)