This paper examines the question of reparation for non-recent institutional child sexual abuse in England and Wales and Australia in the light of independent inquiries which reported in 2022 (England and Wales) and 2017 (Australia). Both inquiries recommended the introduction of state-based redress schemes that would exist alongside private law. While the new UK government considers how to proceed, Australia has established a national redress scheme, there have been changes to private law and new legislation reforming tort law and removing procedural obstacles such as limitation. In evaluating the Australian reforms and the case for change in English law, this paper examines the different roles state-based redress and private law compensation play in responding to the harm suffered by victims and survivors of sexual abuse. It argues that there are urgent lessons that the UK government should learn from the Australian experience in establishing a redress scheme and that while legislative change to substantive private law has proven less than successfull in Australia, legislation on limitation periods and suing unincorporated associations has assisted plaintiffs. Finally there are lessons that private law can learn from state-based redress schemes in seeking to provide remedies that meet the distinctive needs of victims and survivors of child sexual abuse.

This Article uses various concepts of Husserlian phenomenology to explain the disparate opinion between the North American and Italian public in response to the prosecution and ultimate acquittal of Amanda Knox. This Article argues that the comparative difference in public opinion is due to an extensive shift in culture that is necessarily accompanied by a shift in spatial-temporal location. In this Article, the Husserlian concepts of intentionality, the Self, the Other-I, and empathy overlay the judicial opinions and media releases critical to shaping North American and Italian public perceptions of Amanda Knox. As applied, these Husserlian concepts function as interpretive lenses, providing the reader with a novel framework for analyzing the cause of interpretive difference across cultures.

It is now a cliché to highlight that whilst artificial intelligence (AI) provides many opportunities, it also presents myriad risks to established norms. Amongst the norms considered in the literature, the Rule of Law unsurprisingly features. But the analyses of the Rule of Law are narrow. AI has the capacity to augment as well as to undermine fidelity to the ideal of the Rule of Law. Rather than viewing AI only as a threat to important norms, this article’s core argument is that AI should also be presented as an opportunity to meet their demands. It uses the Rule of Law in tax administration to support this argument.

Constitutional courts operate under a framework of formal and informal rules. While formal rules have been extensively studied, our understanding of informal rules remains limited. Courts often rely on internal practices, traditions and unwritten customs developed over time, posing a significant challenge due to their hidden nature. Numerous constitutional courts lack detailed voting protocols in their statutes and internal regulations, leaving essential aspects to the court's discretion, such as, inter alia, the voting order, deliberation style, outcome versus issue voting and tie-breaking protocols. By employing a case study of strategic breaching of informal voting protocols in the Mexican Supreme Court, this article highlights the complexity of enforcing informal voting rules given that external actors may be unaware of them, along with other factors. Even when informal rules are broadly known, certain circumstances may diminish the efficacy of informal sanctions addressing their breach. Thus, key judicial players, such as chief justices or judge-rapporteurs, may take advantage of the informal rules of voting protocols to advance their policy preferences.

Biosimilar drugs enter the United States market well after they enter the European market. That is likely because pharmaceutical companies have many more patents in the United States than in Europe. But why is patent coverage of biological drugs so much more extensive in United States? This case study seeks to answer this question for drug formulation patents.

This article conducts an analytical review of the works of three prominent Thai comparative law professors: Professor Preedee Kasemsup, Professor Phijaisakdi Horayangkura and Professor Sanunkorn Sotthibandhu. Although influential in Thailand, their works are mostly in Thai and therefore have received little academic attention outside the kingdom. The authors argue that the works of these scholars have the potential to shine new light on comparative law theory and bring voices from the Global South to add fresh perspectives and contexts to a discipline dominated by scholars from the Global North. Moreover, this examination highlights the challenges that comparative law faces in freeing itself from this hegemony when using internally developed concepts and modes of questioning.

This article analyses the challenges that online marketplaces and e-commerce pose to traditional product liability doctrines. It uses a comparative perspective to examine whether an online platform can be liable to a consumer for a defective product purchased on its platform, and the adaption of product liability law to this challenge in a series of jurisdictions. It reflects on the role of litigation and regulation, focusing on Europe and the United States, and considers reform in a number of jurisdictions in this area. It concludes with proposals for increasing the accountability of online marketplaces for products sold on their websites.

This article engages in a comparative analysis of espionage law in the UK and Australia to determine whether the laws in each country are effective and appropriate. It finds that, while the espionage laws in both countries are largely capable of effectively addressing modern espionage, this has come at the expense of appropriateness – specifically, aspects of the laws in both jurisdictions are complex, uncertain and overly broad, and defences and other safeguards for legitimate conduct have limitations. The article argues that, while the effectiveness of espionage (and other national security) laws is an important consideration, this must be balanced with appropriateness to ensure that core rule of law values and legal principles are not undermined.

This article explores the constitutional regulation of birthright ius soli citizenship in two Latin American countries which restrict access to citizenship for the children of foreigners deemed to be passing through the countries. Access to citizenship is a significant marker of membership, setting the boundaries of inclusion and exclusion within and across States. Choosing the cases of Chile and Colombia, this article uses historical, institutional and comparative analysis in order to excavate the evolving conceptions of citizenship in those two countries, with particular reference to the concepts of the ‘transient foreigner’ and of ‘domicile’. The case studies provide an excellent laboratory within which to examine the evolution of constitutional ideas of citizenship and ‘the people’. In Colombia, the outcome of the investigation shows that there is unlikely to be significant long-term change in the citizenship regime towards a more generalised acceptance of unconditional ius soli, notwithstanding the substantial shorter-term measures taken to accommodate the children of undocumented migrants from Venezuela and to respond to international pressure. In Chile, combined with other ongoing constitutional work in the citizenship space as part of a wider reform process, there may be a slow journey towards a different constitutional future for so-called ‘transient foreigners’ and others excluded within the State, but this is currently stalled. Chile has, however, introduced legislation cementing a more limited concept of ‘transient foreigner’, linking this work on citizenship to the wider domain of migration governance.

This article revisits the overlooked field of comparative environmental law. It examines contributions to this field from the late 1960s to 2022, highlighting the methodologies proposed, their shortcomings, the main aspects and angles taken by the literature, and the curious lack of engagement by experts in comparative law proper with environmental law systems. On the basis of a structured examination of the literature, the article extracts four main aims or purposes that may guide this line of research: (i) clarifying the initial system by contrasting it with a foreign system; (ii) using the basic conceptual features of a known system to analyse and understand a foreign unknown system; (iii) evaluating and fine-tuning a system or an aspect thereof; and (iv) extracting analytical categories that can serve to map the entire field or areas of it.