Monthly Archives: June, 2026
James Anson-Holland, ‘Hold me tender, hold me true: removing all trustees without replacement’
ABSTRACT What should a court do if the sole trustee or only trustees want to retire but no replacement can be found? In a recent decision of the Grand Court of the Cayman Islands, Re O Trust [2025] CIGC FSD 56, the solution was for the trustee to be ‘held before the court’ without discharge […]
Vanhala and Hartz, ‘Climate Change Loss, Law, and Society’
ABSTRACT Losses linked to climate change impacts are already manifesting around the world, and their consequences will compound and cascade over time. This article maps different disciplinary and interdisciplinary approaches to recognizing, defining, assessing, and addressing climate change loss and damage. Drawing on the current literature, the article identifies some of the characteristics of climate […]
Bridget Crawford, ‘Trust Law’s Beneficiary Problem: Trusts for Purposes, Pets, and Artificial Intelligence Companions’
ABSTRACT The classical trust doctrine holds that every trust must have identifiable beneficiaries with standing to enforce its terms. Yet contemporary law permits trusts for animals, cryopreserved remains, non-charitable purposes, and, most likely, the perpetual maintenance of artificial intelligence companions. This Article argues that the beneficiary principle was never a unified theory of human flourishing […]
Cass Sunstein, ‘Paternalism and Autonomy’
ABSTRACT Some of the most intuitive and deeply held objections to paternalism point to autonomy. A central claim is that paternalism is objectionable even if it improves people’s lives, because it does not treat people as adults or with respect. To know whether paternalism violates autonomy, we need to specify what kind of paternalism is […]
Call for Papers: ‘Theorising the New Age of Environmental Human Rights Law’: Lancaster Castle, 17-18 September 2026
The 2020s are becoming a pivotal decade for international environmental human rights law. Almost every major international human rights body has recently pronounced on the relationship between human rights and climate change (or is due to do so shortly). At the same time, there has been a rapid growth in theorising about the philosophical foundations […]
Andreas Giannakopoulos, ‘The recognition of foreign succession judgments at common law’
ABSTRACT This article examines whether the common law recognises a category of foreign judgments ‘in matters of’ succession. Its argument is that it does not: the relevant question of characterisation is whether the orders contained in the foreign judgment are in rem or in personam. Where a foreign ‘succession’ judgment is partly in rem and […]
Ludovica Lot, ‘Roman Law in the 20th Century: From the Crisis to the Recovery of the Western Legal Tradition’
ABSTRACT In this work I am going to discuss the role that Roman law has played within the academic environment throughout the 20th century. My analysis will focus primarily on the Italian and German scene, two nations that have tragically seen the rise of totalitarian regimes at the beginnings of the 1920s. Given the almost […]
Geoffrey Vos, ‘AI in Arbitration – Promises and Pitfalls’
INTRODUCTION I have spoken a great deal about how AI is changing the availability of legal advice and information and court-based dispute resolution. I firmly believe that it is inevitable that AI will eventually be used, not merely to facilitate judicial decision-making, but as the judicial decision-maker in some fields. That is inevitable because AI […]
Juan Manuel Klein, ‘Climate Change and Separation of Powers in European Human Rights Law: Why KlimaSeniorinnen has been Met with a Vigorous Separation of Power Criticism’
ABSTRACT While the judgement of the European Court of Human Rights (ECtHR) in KlimaSeniorinnen v Switzerland has been hailed by many as a landmark in climate change and human rights litigation, the response by Switzerland and many intervening parties has been less favorable. For instance, the Swiss legislative has been very critical in its review […]
Shani Shisha, ‘Copyright as Intuition’
ABSTRACT American copyright law is in bad shape. For decades, scholars and advocates have argued that copyright law is outdated at best and harmful at worst – overbroad, incoherent, and doggedly indeterminate. The policy prescriptions that follow from this diagnosis seem obvious. To build a better system, the story goes, we must refine, modify, or […]