Can it be said that the European Court of Human Rights and the European Committee for the Prevention of Torture (the CPT) have a relationship that is mutually-beneficial insofar as each standard-setting organ has been aware of the other’s expectations and in turn has built upon these in its own task of discharging its treaty mandate?

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European Human Rights Law

SECTION A: EUROPEAN PROTECTION

  1. Can it be said that the European Court of Human Rights and the European Committee for the Prevention of Torture (the CPT) have a relationship that is mutually-beneficial insofar as each standard-setting organ has been aware of the other’s expectations and in turn has built upon these in its own task of discharging its treaty mandate?

 

  1. ‘One of the most powerful themes in the case law of the European Court of Human Rights is the protection against arbitrary application of the law.’ Explain and critically assess the nature and scope of this protection.

 

  1. Is this truly now the ‘age of subsidiarity’ in the European Court of Human Rights?

 

  1. ‘Application of the test of proportionality by the European Court of Human Rights is a bit like a tap – the Court can regulate its flow depending upon specific circumstances. This is what lies at the heart of external criticisms that the Court has become ‘too big for its boots’, especially in respect of areas of policy that fall within the scope of Article 8.’ Discuss.

 

  1. Explain what is meant by ‘positive obligations’, and critically assess their development and impact in advancing the protection of human rights under the European Convention on Human Rights.

 

SECTION B: DOMESTIC PROVISION

  1. Answer ONE of the following questions based upon domestic law and practice concerning human rights, drawing upon (where relevant) any European standards to help your analysis of the topic.
  1. Is the way that Scotland treats its most vulnerable children and young people who are placed in detention a hidden scandal that society simply tolerates? if so, is this an area that the legal system and human rights lawyers in particular can remedy?

 

  1. How should the law deal with the problem of hate speech and other displays of intolerance?

 

  1. Post-Brexit, how can the UK best protect its borders in a human rights-compliant manner?

 

  1. ‘The recent suggestion from the UK Minister of Justice and others that reform of the Human Rights Act should extend to requiring the courts to give more prominence to freedom of expression in any case calling for balancing free speech with Article 8 rights. This is simply more of the same from right-of-centre Governments – an unwillingness to recognise that protection for human dignity in relation to private life is as important an interest as is democracy as evidenced by systemic undermining of respect for private life through domestic law and policy.’ Discuss. [Group 4]
  1. Discuss the contention that female detainees in this country area ‘forgotten category’ of prisoner. How can human rights standard-setting address the specific needs of this group?

 

  1. ‘The experience of the Human Rights Act – two decades on – has shown that the domestic judiciary has not abused the additional authority entrusted to it, despite what the UK Government considers. Indeed, the judiciary has proved remarkably restrained.’ Do you agree?

To what extent can secularism justify the limitation on the freedom to manifest religious beliefs. Analyse the relevant case law from the jurisprudence of the European Court of Human Rights.

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Freedom to manifest religious

To what extent can secularism justify the limitation on the freedom to manifest religious beliefs. Analyse the relevant case law from the jurisprudence of the European Court of Human Rights.

Advise Global Trading Inc., PC Europe GmbH, Tablets Industrie EURL and UK Storage Solutions Ltd as to any possible anticompetitive conduct and its objective justification in the course of proceedings before the CMA and the DG COMP.

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 COMPETITION LAW

 Summative Essay Title

May/June 2022

Over the last two decades, Global Trading Inc. has massively expanded its trading operations in both the UK and the EU by continuously tripling its initial share of 30% of the market for innovative gadgets.

Global Trading Inc.’s success rests on its most aggressive premium discounting of 45% off sales of hard drives, inclusive of a portable storage solution, offered to an inner circle of trusted manufacturers, PC Europe GmbH and Tablets Industrie EURL, for nearly four years of continuous and unwavering support.

Since 2019, when UK Storage Solutions Ltd had proudly launched its own cloud storage offering, Global Trading Inc. has formally lowered its premium discount to just 4% off sales of hard drives, which has greatly diminished Storage Solutions’ unstable and low market share of continental sales.

As a result, Storage Solutions decided to strengthen its UK market leadership by adding a new line of smart cameras for pet owners and concerned parents at a promotional discount of 20% off during its winter and spring sales for the last two consecutive years.

Once Storage Solutions had started offering the above discount, its executive manager, J.F. called for a shareholders’ meeting to discuss the sudden and unexpected drop in continental sales which the executive team believed to be attributed to Storage Solutions being displayed only on page 3 of Troogle Universal’s algorithm-driven search machine and on the seventh position of the first page of Troogle’s rival search machine, Wingo.

J.F. explained that unfortunately, without increasing their indispensable spending on Troogle Ads, UK Storage Solutions would have to imminently exit the EU market for good. In addition, J.F. mentioned that the company cannot survive in the UK market for too long without renting, at least temporary, access to Surfing Inc., a global leader of anonymised and aggregated data analytics for artificial intelligence and for targeting affluent consumers with a sensible discount intended to boost Storage Solutions’ already declining market shares.

In December 2021, Tablets Industrie EURL decided to increase its online retail price by withdrawing its attractive offering of 20% off sales when online consumers bought their most exclusive bundle comprising of a tablet, a cloud storage solution, and a smart camera to honour an earlier promise made to Global Trading.

In contrast, PC Europe GmbH decided to continue offering its most exclusive festive bundle of mobile phones for ‘Family plus +++: buy 3 for 2’ to qualify for 25% online discount, fearing an imminent investigation concerning its pre-installed digital assistant and photo apps.

Early January 2022, a disgruntled employee of Global Trading Inc., who was headhunted by UK Storage Solutions, disclosed several internal emails, and leaked confidential memos coming from Global Trading’s CEO, including the following:

‘No. 1 priority: global market leader for most innovative gadgets;

No. 2 priority: increase European prices by reducing all but one customer discounts subject to capping the retail price at a maximum of 6% off sale;

No. 3 priority: increase UK prices for smart gadgets upon Storage Solutions’ imminent departure’.

 

UK Storage Solutions has made a complaint to the CMA and the DG COMP.

Advise Global Trading Inc., PC Europe GmbH, Tablets Industrie EURL and UK Storage Solutions Ltd as to any possible anticompetitive conduct and its objective justification in the course of proceedings before the CMA and the DG COMP.

Clearly identify the course concepts involved in the legal news or the case chosen, provide business guidance based upon an analysis and legal understanding of the case, and clearly state what course of action should be taken based upon the legal issues raised.

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Legal News/Issues

1) Research & Analysis: Connect course concepts covered in class so far to an ongoing legal issue in the news or Analyze an actual current (within the last 2 years).

Students will: (1) Clearly identify the course concepts involved in the legal news or the case chosen, (2) Provide business guidance based upon an analysis and legal understanding of the case, (3) Clearly state what course of action should be taken based upon the legal issues raised.

2) Sources: Written assignments should use no less than 3 outside, academic or legal sources (generic websites like are not legitimate sources).

3) Professional, academic Writing Style: Written assignments should be: (1) Double-spaced. (2) no less than 1000 words, and (3) use a proper citation format.

Critically evaluate this statement with reference to relevant primary, secondary sources of law and academic commentary. Critically evaluate whether the proposed reforms will rebalance current approaches to mental health legislation and policy.

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Mental Health Law and Policy

Choose ONE question from the three assessment questions below:

 Question 1: Mental Health and Criminal Justice

It is submitted that, “Individuals with mental health problems … fare poorly in the justice system. Police officers and staff often manage the critical gateway that determines whether an individual experiencing a mental health problem enters the justice system or not. Whilst courts and prisons offer later opportunities for diversion, this initial interaction can be the most critical and merits a well-designed, integrated and funded service.” 1

 Critically evaluate this statement with reference to relevant primary, secondary sources of law and academic commentary.

1 Kane, Evans and Shokraneh, “Effectiveness of current policing- related mental health interventions: A systematic review” Criminal Behaviour and Mental Health 28: 108–119 (2018)

 

Question 2: Mental Health Act Reform.

The Government in ‘Reforming the Mental Health Act’2, propose several changes to rebalance current mental health legislation and policy, and place the patient at the centre of the decision-making process.

Critically evaluate whether the proposed reforms will rebalance current approaches to mental health legislation and policy.

2 https://www.gov.uk/government/consultations/reforming-the-mental-health-act/outcome/reforming-the- mental-health-act-government-response. Accessed 22.02.2022.

 

Question 3: Mental Capacity and Best Interests

Alan is 80 years old and has suffered from Vascular Dementia for the last 10 years. As a result of his condition Alan is very confused and needs supervision to make sure that he does not hurt himself or wander from the house and place himself in danger.

Alan currently lives with his wife, Jacinta, who provides most of his care. Some additional care is provided by Local Authority carers who come to the house once a day to give Jacinta some respite. Recently, however, Jacinta fell and broke her hip and has, therefore, been unable to care for Alan. Alan and Jacinta’s daughter, Alex, moved into her parents’ house on a temporary basis to take care of both her parents while Jacinta recovered.

Alex and the Local Authority carers are concerned about whether Jacinta will be able to provide adequate care for Alan when she recovers. Discussions have, therefore, taken place about Alan moving into a Local Authority care home. Alex and the Local Authority carers think that this is the best course of action, but neither Alan nor Jacinta want this to happen.

Critically evaluate the basis upon which those caring for Alan should make a decision as to where he should live. You should refer to both primary and secondary sources of the law as well and academic commentary in your evaluation.

 

In light of this statement, explain the current law on defamation, including the changes effected by the 2013 Act. Critically evaluate whether or not the law as it now stands adequately balances protection of reputation with freedom of expression.

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Defamation

‘The Defamation Act 2013 reverses the chilling effect on freedom of expression in current defamation law.’

In light of this statement, explain the current law on defamation, including the changes effected by the 2013 Act. Critically evaluate whether or not the law as it now stands adequately balances protection of reputation with freedom of expression.

Bibliography must be in 3 separate sections
• Table of cases
• Table of legislation • Secondary sources

“While many scholars agree that companies ought to be held accountable for their role in human rights violations, international laws are generally poorly suited to hold companies responsible for their violations of human rights, and thus the United Nations’ attempts to set standards for transnational corporations have not been effective.”1 To what extent do you agree with this statement?

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International Human Rights

Question 1

The terms “aspirational rights” and “progressive realisation” mean that some States pay no more than lip service to the International Covenant on Economic, Cultural and Social Rights.

In light of the above statement critically assess the nature and extent of economic, social and cultural rights protection in international human rights law. Include in your answer a comparison with the protection of civil and political rights in international law.

Question 2

“While many scholars agree that companies ought to be held accountable for their role in human rights violations, international laws are generally poorly suited to hold companies responsible for their violations of human rights, and thus the United Nations’ attempts to set standards for transnational corporations have not been effective.”1

To what extent do you agree with this statement?

Question 3

Critically assess whether the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and its associated Protocol is an adequate regime for protecting the human rights of women. Include in your answer an explanation of the reasons why CEDAW was adopted.

1 Shima Baradaran and Stephanie Barclay, ‘Fair trade and child labor’ (2011) 43 Colum. Hum. Rts. L. Rev. 1, 9

‘General principles of EU Law have been one of the most important instruments in the development of EU law. On the other hand, general principles have also been one of the most controversial issues of EU law.’ Critically discuss.

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European Union Law

‘General principles of EU Law have been one of the most important instruments in the development of EU law. On the other hand, general principles have also been one of the most controversial issues of EU law.’   Critically discuss.

Critically evaluate the extent to which recent debates about the patenting of CRISPR technologies raise legal and ethical issues that have similarities with earlier attempts to patent stem cell invention. Illustrate your answer with reference to the relevant case law discussing the actual or potential advantages for society of permitting the patentability of stem cell and CRISPT technologies.

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Making comparisons between stem cell and genome editing (CRISPR) to good effect

Critically evaluate the extent to which recent debates about the patenting of CRISPR technologies raise legal and ethical issues that have similarities with earlier attempts to patent stem cell invention. Illustrate your answer with reference to the relevant case law discussing the actual or potential advantages for society of permitting the patentability of stem cell and CRISPT technologies.

– How do Ordre public and morality exceptions in the EPC and EU Biotechnology directive apply to stem cell and genome editing inventions, compare those with s.101 US patent code, different between US and EPO/EU approach

– Why the morality exception and patent law could become a problem or has become a problem for stem cell inventions and might be a problem also for genome editing inventions

– Explain why different issues (compared to stem cell) are arising when CRISPR inventions are considered for patenting,

– Detail discussion of relationship between Article 6 biotechnology directive, Article 53a EPC, Rule 28 EPO : compare and contrast how these rules have been applied differently for stem cell and Genome editing.

 

Is the law’s approach to the division of the matrimonial home on divorce fair to both parties and does it require reform?

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Division of the matrimonial home

Is the law’s approach to the division of the matrimonial home on divorce fair to both parties and does it require reform?