Now showing items 21-40 of 80

    • Qualifying Work Experience in England & Wales: the opportunities and risks presented to university law clinics

      Todd, Andrea; Blackburn, Lucy; University of Chester; University of Central Lancashire (SAGE Publications, 2022-11-11)
      This commentary details the sweeping changes to the route to qualification as a solicitor in England and Wales brought about in September 2021, and considers the opportunities and risks presented to university law school clinics by one aspect of this route: the new system of Qualifying Work Experience (QWE). The article reflects on the opportunities for law clinic development, innovation and recognition offered by QWE and weighs these up against the potential risks that will need to be managed carefully to avoid them becoming a threat to law clinic enhancement. The article considers the results of an early data gathering exercise to garner clinician and student volunteer perspectives on QWE within its first year of operation.
    • A Game Changer? The Use of Positive Action to Address Racial Disadvantage within Professional Football Coaching

      Healey, Ruth; Cowell, Sophie L. (University of Chester, 2021-09)
      This research considers the use of positive action to address the underrepresentation of Black, Asian and Minority Ethnic (BAME) managers and coaches within English professional football. It focuses on the English Football League’s (EFL) Recruitment Code as an example of such a measure and explores whether the Recruitment Code can be considered an effective or flawed form of positive action to redress the racial inequalities faced by BAME managers and coaches. Twenty-five percent of professional footballers within the English professional leagues are BAME, significantly higher than the general BAME population within the United Kingdom of 14% (Sports People’s Think Tank ‘SPTT’, 2015). Despite this, the number of BAME managers and coaches employed within senior positions in professional football remains disproportionately low at 4.6% (SPTT, 2017). At the beginning of the 2016/17 season, the EFL introduced a positive action measure requiring clubs to interview at least one candidate from a BAME background for coaching and management positions (EFL, 2017). Whilst there exists a body of research into the experiences of BAME managers and coaches and barriers to their career progression, the issue is still largely unexplored from an anti-discrimination law perspective (Veuthey, 2013). Further, research on the EFL’s Recruitment Code is limited. This research aims to fill this gap, by utilising a mixed-methods approach to explore stakeholder perceptions of positive action and the EFL’s Recruitment Code as a form of positive action. It considers the extent to which the Recruitment Code may fit within the legal framework and whether it may demonstrate the legislative approach of reflexive regulation working effectively. This research identified several barriers to BAME manager and coach career progression, including higher standards, extra pressure, lack of role models, the recruitment practices used, and the specificity of football. It found that whilst most participants within this research supported the use of positive action, they perceived significant confusion between positive action and positive discrimination amongst the general public. On the EFL’s Recruitment Code, participants pointed to a lack of transparency and a general lack of understanding, believing the Code would not succeed in isolation and should form part of a package of measures. When considered in light of reflexive regulation, participants also pointed to factors including a perceived lack of consultation, monitoring and enforcement that suggest that features of successful reflexive regulation, as outlined by Hepple (2011), are missing. However, some participants commended the EFL for implementing the measure in light of this perceived lack of understanding of, and support for, positive action. This thesis provides Pointers for Action at Micro (Club), Meso (Sector) and Macro (National Policy) Levels, including the need for greater education and awareness, transparent monitoring and senior buy-in, as well as a need to rephrase the concept of positive action. The thesis outlines how the EFL’s Recruitment Code has the potential to be successful if introduced as part of a holistic life cycle approach to addressing underrepresentation, but in its current format can be considered a flawed form of positive action that is unlikely to redress the racial disadvantage that BAME managers and coaches face. It concludes by detailing the impact that a successful positive action measure within such a high-profile arena could have on both football and the use of positive action generally, if the EFL’s Recruitment Code is adapted in line with the suggested implications and pointers for action.
    • A Climate Security Initiative: Another Way to Make International Climate Law

      Murphy, Ash; University of Chester
      This paper intends to strike a practical tone and focus on the possibility of a CSI being introduced as soon as possible. By exploring this option it is the intention of this paper to provide policy makers and those willing states a means in which to pursue a more robust climate response agenda. The paper is structured according to three main questions: has international climate law failed; what model of response and benefit does the PSI offer; how could a CSI be created to fill the gaps left by international climate law.
    • COVID-19 and the UN Security Council: should we expect an intervention?

      Murphy, Ash; University of Chester
      COVID-19 is a threat to international peace and security under Article 39 of the UN Charter, posing the question where is the UN Security Council? This article explores whether or not we should expect to see the UN Security Council engage the pandemic, and what obstacles may be in the way of such a move.
    • ‘This is not the People’s Government or the Democratic Will of the People’

      Murphy, Ash; Nehushtan, Yossi
      Despite the rhetoric from the Prime Minister’s office following the 2019 UK General Election, the appointed Government has no democratic legitimacy generally, especially regarding the decisions to leave the EU without having a second referendum and to make far-reaching changes to the UK constitution. This poses questions as to the validity of western democracy, particularly in the UK and USA.
    • Brexit: The Golden Chalice of European Demos Formation?

      O'Leary, Erin; University of Chester
      In all its chaos, divisiveness and uncertainty, Brexit has not only raised considerable constitutional questions for the United Kingdom (UK) but has also led to the European Union (EU) reflecting on its self, its direction and how it comprehends and defines its existence both internally and on the global platform. One branch of speculative discussion on what a post-Brexit EU will look like is consideration of the role that the English language will play in the EU’s institutions once the EU loses the Member State that houses the demos for whom that language is associated. Whilst much of this discussion has necessarily focused on whether a different language could become the unofficial lingua franca of the EU institutions in terms of the practicalities of its day-to-day workings, the future role and use of the English language as a democratic legitimacy tool has barely been remarked upon.
    • The operation of Article 4 of Rome II Regulation in English and Irish courts

      Roberts, Emma; Okoli, C.S.A.; University of Chester; Asser Institute (Taylor & Francis, 2019-12-16)
      This article makes a critical assessment of the operation of Article 4 of Rome II in English and Irish courts measuring the extent to which judges of England and Wales (hereafter England) and Ireland are interpreting Article 4 of Rome II in accordance with what the EU legislator intended.
    • Corporate Social Responsibility and Chinese Oil Multinationals in the Oil and Gas Industry of Nigeria: An appraisal

      Ekhator, Eghosa O. (2014-12)
      This article focuses on the extant corporate social responsibility ǻCSR) practices in the oil and gas industry in Nigeria. The oil and gas sector of Nigeria has been beset by a lot of problems not limited to violence, kidnappings, eco-terrorism, and maladministration amongst others. One way of curing the inherent problems is the use of CSR by many oil multinational corporations (MNCs) operating in Nigeria. This article focuses on the Chinese oil irms operating in the oil and gas industry in Nigeria and investigates if they operate on the same basis as the Western irms. It seeks to determine whether the variants of CSR practised by non-Western irms in Nigeria have had negative or positive impacts in the oil and gas industry especially with China’s contribution to Nigerian economy.
    • Women and the Law in Nigeria: A Reappraisal

      Ekhator, Eghosa O.; University of Chester (Bridgewater State University, 2015)
      Women in Nigeria face many challenges and discrimination under some extant laws. This paper will focus on some of these laws and their impacts on women in Nigeria. The first section will focus on a brief history of Nigeria as a background to the paper. Nigeria’s unique legal system will be briefly highlighted. The second section of the paper will highlight aspects of Nigerian laws accentuating discrimination against women. Some of these laws will include the Labour Act, the Police Act, customary practices and sexual violence laws amongst others. The third part of the paper will focus on the reforms of the extant laws. Some of these reforms include judicial activism of judges in Nigeria, regional and international treaties which Nigeria has signed and ratified (and in some cases, domesticated), and the social activist roles of the Civil Society Groups or Non-Governmental Organisations (NGOs) in Nigeria. The fourth section will proffer some recommendations. The final section will be the concluding part of the paper
    • Child abuse in England and Wales 2003–2013: Newspaper reporting versus reality

      Davies, Emma; O'Leary, Erin; Reed, John; Liverpool John Moores University, UK; Swinburne University of Technology, Australia (SAGE Publications, 2015-10-15)
      This study examined how child abuse and neglect were reported in a sample of 459 newspaper articles between 2003 and 2013 in England and Wales. The results were compared with data on child abuse and neglect over the same decade. Sexual abuse was by far the most commonly reported, in both tabloid and broadsheet newspapers. Although neglect and emotional abuse are the most common causes of child protection plans in England and Wales, neglect and emotional abuse are relatively invisible in newspaper articles, as is physical abuse. Possible explanations for this disproportionate focus on sexual abuse, which has also been found in Australia and the United States, include the fact that sexual abuse cases reach the criminal courts more often than other forms of child victimisation. Although broadsheet papers were more likely than tabloid newspapers to comment on causes and solutions beyond the individual perpetrator committing a crime, the majority of articles in broadsheet papers still did not frame either the causes or the solutions in broader terms. It seems possible that the notion of the decontextualised ‘evil’ perpetrator serves to distance journalist and reader alike from the pervasiveness and pain of child abuse. The article concludes with ideas to improve the accuracy and utility of the coverage of child abuse and neglect in newspapers.
    • Realizing Substantive Rights to Healthy Environment in Nigeria: A Case for Constitutionalization

      Ekhator, Eghosa O.; Anaebo, Onyeka K. (SAGE Publications, 2015-06-05)
      There has been never-ending debate concerning the right to a healthy environment and the extent to which the law has provided for or guaranteed the right in national and international contexts. Whilst some countries have expressly recognised the right to a healthy environment in their constitutions and subsidiary laws, others have relied on regional instruments and treaties to guarantee such rights, especially where domestic legislation is either lacking, inadequate or ineffective. This article will contend that constitutionalising (rather than regionalising before a human rights commission or treaty) environmental rights domestically would improve environmental outcomes in Nigeria. To further buttress the constitutionalisation argument, this article will undertake a critical analysis of the right to the environment in South Africa which has constitutionalised the right to the environment.
    • Protecting and Promoting Women’s Rights in Nigeria: Constraints and Prospects

      Ekhator, Eghosa O.; University of Chester (Eleven International Publishing., 2019-06-27)
      Women in Nigeria face many challenges and discriminatory practices under some extant laws and customs. The Nigerian society is inherently patriarchal. This is due to the influence of the various religions and customs in many parts of Nigeria. Women are seen as the ‘weaker sex’ and discriminatory practices by the state and society (especially by men) are condoned. This chapter highlights some of the recent reforms that have impacted positively on the promotion and protection of women’s rights in Nigeria. These reforms include the appointment of female Justices to the Supreme Court and the enactment of laws such as the Violence against Persons (Prohibition) Act 2015 amongst others. This paper contends that notwithstanding the development of these reforms and laws, women in Nigeria still face many state sanctioned discriminatory practices. The methodology adopted in this study is of a qualitative nature that consists of library based texts analysis.
    • Equality at work? positive action in gender segregated apprenticeships (summary report)

      Davies, Chantal; University of Chester (Young Women's Trust, 2018-06)
      Some of Britain’s crucial industries are struggling to recruit the staff they need. As part of the Government’s commitment to meeting this skills gap, a target was set in 2015 of three million new apprenticeship starts by 2020. However, it is questionable whether the Government will meet this target or its wider aspiration to make apprenticeships more accessible. Despite this skills gap, women continue to be significantly under-represented in many parts of the economy – with little progress having been made in recent years. While there are more female than male apprentices, women remain locked out of sectors with significant skills gaps and which offer good pay and good prospects. The percentage of female engineering apprentices actually declined from 4.6% in 2002 to 3.1% in 2015.1 In construction there are just three female to every 98 male apprentices; and in Information Technology (IT) 35 females to 186 males. Addressing this chronic under-representation will give women more opportunities to enter areas of work with better quality apprenticeships, prospects and pay2 than where they are currently working – such as in the retail or caring sectors. Given this background and building on our key 2016 report, Making Apprenticeships Work for Young Women, YWT commissioned Professor Chantal Davies of the University of Chester to carry out research into the use of Positive Action (PA), with a special focus on its use in apprenticeships within engineering, construction and IT.3 The research consisted of: • A survey of over 4,000 young people aged 18-30 carried out by Populus Data Solutions; • A survey of 800 HR decision-makers carried out by YouGov to understand attitudes towards use of Positive Action in apprenticeships; • Series of focus groups and semi structured interviews with sector bodies, apprentices and science, technology, engineering and mathematics (STEM) representatives.4 • Data triangulation with literature and data from a roundtable discussion in March 2018 hosted by the Equality and Human Rights Commission (EHRC roundtable) looking at the use of Positive Action in relation to under- representation on the grounds of disability, race and gender in apprenticeships across England, Scotland and Wales. Through this research we found that there is very significant confusion about Positive Action and whether and how it can be used – despite the fact that the majority of employers were committed to measures to bring about gender equality. While not a panacea or suf cient in isolation, our research suggests Positive Action is being chronically under-utilised, which in turn is acting as a barrier to addressing the under-representation of women in key sectors within apprenticeships and beyond.
    • Protection of the Environment and the International Salvage Convention 1989: An Assessment

      Ekhator, Eghosa O.; University of Chester (St. Mary's University School of Law, Ethiopia, 2016-09-30)
      This article focuses on the International Salvage Convention and the protection of the environment in salvage operations. The article traces the evolution and history of the law of Salvage to its present status by using the UK as a case study. In essence, the article seeks to ascertain the extent of current international regime on salvage in protecting the environment. The question that this article poses is: Does the International Salvage Convention 1989 accord enough protection to the environment against the backdrop of global efforts to promote environmental protection and sustainable development? The article begins with a brief synopsis of the underlying principles of salvage including the rule of ‘no cure-no pay’ followed by an appraisal of the events that culminated arguably in the development of the International Salvage Convention 1989 to safeguard the environment in the course of salvage operations. A systematic analysis of the defects inherent in the International Salvage Convention 1989 vis-à-vis protection of the environment are analysed and a number of reforms are highlighted.
    • Exploring positive action as a tool to address under-representation in apprenticeships

      Davies, Chantal; University of Chester (Equality and Human Rights Commission, 2019-03-04)
      Apprenticeships are an important route into work, offering paid employment, on-the- job training and a qualification. The UK, Scottish and Welsh governments have all set targets to increase the number of apprenticeships and recognised the need to increase the diversity of those starting, participating in and completing apprenticeships. With the drive towards increasing diversity within apprenticeships, there is a need for employers, governments and policy makers to consider the tools that are available to address long-standing under-representation. This report seeks to evaluate the use of positive action to address under-representation of female apprentices in gender- segregated sectors, and disabled people and ethnic minorities in apprenticeships more broadly.
    • Equality at work? positive action in gender segregated apprenticeships

      Davies, Chantal; University of chester (Young Women's Trust, 2018-06)
      This research explores the attitudes towards and the use of positive action aimed at addressing gender inequality in apprenticeships offered in sectors in which women are underrepresented in England. This research has been conducted as a means of following up recommendations made in research undertaken by the Young Women’s Trust (YWT) in 2016. The YWT report recommended that where it can be shown that the number of women undertaking apprenticeships in any given sector is disproportionately low employers should consider whether they can take positive action to increase the participation of women. It was therefore considered that in the context of apprenticeships, the overwhelming gender disparity in certain sectors and in particular the attitudes towards and use of positive action in resolving this gender disparity required further exploration. The engineering, ICT and construction sectors have therefore been chosen by the researcher and the YWT due to the stark underrepresentation of women in these sectors in England. This research concludes with appropriate specific recommendations on positive action in relation to gender segregated apprenticeships in England within the particular sectors explored. However, it is hoped that these may provide a foundation for the development of wider recommendations in relation to the effective use of positive action initiatives more generally across the protected characteristics and beyond apprenticeships in the UK.
    • Traditional Oath-Taking as an Anti-Corruption Strategy in Nigeria

      Ekhator, Eghosa O.; University of Chester (Black Tower Publishers, 2019-07-05)
      The concept of corruption is culture-bound. In the UK, it is unusual and criminal for public officers to accept gifts. However, corruption is seen to be part of the culture of many developing (especially Asian and African) countries. In Nigeria, corruption is seen to be a negative part of the administrative or bureaucratic culture and a way of life. This paper will argue that because of the institutional failures of the Nigerian state in the area of corruption, recourse to the ‘traditional’ oath-taking akin to the variant used in customary arbitration cases amongst many communities (in Nigeria) to corruption cases might be a useful strategy to help fight the scourge of corruption. Furthermore, this chapter suggests that the Nigerian government should extend the jurisdiction of customary courts (via constitutional amendment) to try corruption cases arising from the anti-corruption statutes enacted since the return of democracy in 1999. This will reduce the pressure on the superior courts of records in the country.
    • Regulating the activities of Multinational Corporations in Nigeria: A Case for the African Union?

      Ekhator, Eghosa O.; University of Chester (Brill, 2018-03-05)
      Due to the ineffectiveness of the extant regulatory framework (not limited to home country, host country and international law) governing the activities of multinational corporations (MNCs), new regulatory paradigms have been advocated by scholars. Arguably, the African Union (AU) (and its mechanisms) can be the basis of MNC regulation in Africa. However, regulation of the activities of MNCs operating in Africa appears not to be among the major or pressing priorities of the African Union (AU) and its institutions. There is no normative and institutional framework at the AU level regulating the activities of MNCs in Africa. There are, however, moves to design measures to redress this anomaly. This article will focus on the development of recent strategies by the AU and its institutions to “regulate” the activities of MNCs in Africa and its implications in Nigeria.
    • Regulation of Multinational Corporations in the Oil and Gas Industry in Nigeria: Civil Society as Behaviour Modification Agents

      Ekhator, Eghosa O.; University of Chester (University of Benin, 2018)
      This article focuses on the roles of Civil Society Organisations (CSOs) in the regulation of oil Multinational Corporations (MNCs) in Nigeria. Arguably, the void created in the oil and gas sector in Nigeria by the non-performance of government regulatory bodies and the non-implementation of existing legal enactments is gradually being filled by CSOs. CSOs in Nigeria have proved by their antecedents that they have major roles to play. Thus, CSOs have engaged in information gathering, standard setting and behavior modification activities. However, this paper focuses on behavior modification activities of CSOs in the oil and gas industry in Nigeria. This article contends that the regulatory activities of CSOs in Nigeria have led to a somewhat ‘decentred regulatory approach’ in the oil and gas industry in Nigeria. In decentred regulation, the state is one of many actors in the regulatory regime or process. Thus, the interactions inherent in decentred regulation are said to strengthen the regulatory process. Arguably, CSOs in Nigeria have engaged in the regulatory process in the oil and gas industry, thereby impacting positively on the regulatory paradigm. The interactions of the CSOS in the oil and gas industry are at the core of this paper.
    • The Impact of the African Charter on Human and Peoples’ Rights on Domestic Law: A Case study of Nigeria

      Ekhator, Eghosa O.; University of Chester (Taylor & Francis, 2015-06-09)
      The African Charter on Human and Peoples’ Rights (African Charter) establishes a system or mechanism for the promotion and protection of human rights in Africa within the framework of the African Union (formerly known as the Organisation of African Unity). The African Charter promotes a range of human rights such as civil and political, socio-economic and cultural, individual and collective rights. The African Charter is the first regional mechanism to incorporate the different classes of human rights in a single document. There have been a plethora of academic postulations indicating that the African Charter has impacted Nigerian Law minimally. This article contends that the African Charter has impacted positively on Nigerian law notwithstanding the academic postulations to the contrary.