Oxford University Commonwealth Law Journal
 | |
| Discipline | International law |
|---|---|
| Language | English |
| Publication details | |
| History | 2001-present |
| Publisher | |
| Frequency | Biannually |
| ISO 4 | Find out here |
| Indexing | |
| ISSN | 1472-9342 |
| Links | |
The Oxford University Commonwealth Law Journal (OUCLJ) is a postgraduate-edited international and comparative law journal from the University of Oxford Faculty of Law, covering the study of legal trends and developments within and between Commonwealth jurisdictions.
Content
The journal includes articles, case notes and book reviews. Case notes critically analyse and evaluate rulings from the House of Lords, the Privy Council, and the national courts of the Commonwealth States.
Topics of recent articles
- Comparative: good faith; agency; consideration; legitimate expectation; equity and unregistered land rights; recovery of economy loss in negligence; the Westminster system; breach of trust; comparative models of constitutionalism; unjust enrichment;[1] rights of survivorship; violence in professional sport; entrapment; Internet libel.
- Africa: state liability in Botswana; economic development in Ghana; policing in Kenya; management of land in Nigeria; extrajudicial services of judges in South Africa; corporate insolvency in Zambia.
- Asia: human rights litigation in Hong Kong; confidentiality regarding HIV/AIDS in India; case-management in Singapore.
- The Americas: capital punishment in the Caribbean; freedom of religious expression in Canada.
- Oceania: native title in Australia; the rule of law in Fiji; jurisprudential theory in New Zealand; divorce in the Solomon Islands.
- Compulsory voting
- Statutory interpretation
Organisation
The OUCLJ is published biannually by Hart Publishing in collaboration with the Faculty of Law. It is the flagship journal of Oxford University’s postgraduate law community, designed for contributions from academics, professionals and policy-makers, wherever situated, on matters of current interest to Commonwealth legal systems. Created in 2001, the journal provides a forum for international debate on both private and public law topics. Some pieces are explicitly comparative in orientation, while others concern a single jurisdiction only. All pieces published in the OUCLJ are selected on the basis that they are likely to be of interest to a larger Commonwealth audience. All submissions considered for publication are double-blind refereed. Submissions for publication are double-blind reviewed.[2] The journal is financially assisted by the Rhodes Trust and supported by a board of patrons consisting of current or former judges from Commonwealth jurisdictions.[3]
Patrons of the Journal
The Hon Mr Justice Edwin Cameron, BA LLB (Stel) MA BCL (Oxon) Mr Justice Cameron began his career as a barrister in Johannesburg, South Africa in 1983, practising human rights law. His work included the defence of ANC fighters accused of treason. He later drafted a Charter of Rights on AIDS and HIV, and founded the AIDS Consortium in South Africa. Having read law as a Vinerian Scholar at Oxford, he took silk in 1994. Mr Justice Cameron was appointed Judge of the High Court of South Africa in 1995. He served on the South African Constitutional Court 1999–2000, and was on 31 December 2008 appointed to the South African Constitutional Court. In 2009 he was appointed Honorary Bencher of Middle Temple. He is 2009–10 winner of the prestigious Brudner Prize from Yale University.
The Hon Justice James Edelman BA, LLB (UWA) BComm (Murdoch) DPhil (Oxon) James Joshua Edelman was appointed to the Supreme Court of Western Australia on 25 July 2011. He obtained his degrees of Bachelor of Economics (1995), Bachelor of Laws (first class honours 1996) from the University of Western Australia, a Bachelor of Commerce from Murdoch University (1997). He was Associate to his Honour Justice Toohey, of the High Court of Australia, in 1997 and completed his articles with Blake Dawson Waldron. He was admitted to practice in Western Australia in 1998. Justice Edelman was awarded a Rhodes scholarship in 1998 and obtained a Doctor of Philosophy in Law (2001) from the University of Oxford. Justice Edelman took up a teaching position at Keble College, Oxford University in 2005, and was appointed Professor of the Law of Obligations at Oxford (2008). At Oxford he taught the subjects of restitution, commercial remedies, trusts, torts, contract and Roman law.
The Right Hon The Lord Goff of Chieveley (Robert Lionel Archibald Goff), PC DCL FBA
Lord Goff retired in 1998 as Senior Law Lord after more than a decade as a Lord of Appeal in Ordinary in the House of Lords. Prior to being created a Law Lord in 1986, Lord Goff studied at Eton College and at New College, Oxford. He served in the army and as a fellow of Lincoln College, Oxford, practised as a barrister and Queen’s Counsel, and was appointed to the High Court in 1975 and to the Court of Appeal in 1982. He was High Steward of the University of Oxford 1990–2001. Lord Goff, co-author of Goff & Jones, The Law of Restitution, is the acknowledged father of English restitution law. He was the Chairman of the Council of Management of the British Institute of International and Comparative Law, and later President of the Institute. He was awarded the Grand Gross (First Class) of the Order of Merit of the Federal Republic of Germany for his contribution to British awareness of German law. Lord Goff is considered by many to be largely responsible for the growing interest in the United Kingdom in comparative law in general.
The Hon Mr Justice Kenneth Madison Hayne, BA/LLB (Hons) (U of Melb) BCL (Oxon)
A Rhodes Scholar for Victoria, Australia, Justice Hayne pursued a career as a barrister until his appointment as a QC in Victoria in 1984. He was appointed to the Supreme Court of Victoria in 1992, and then became a foundation Judge of the Court of Appeal of Victoria in 1995. Justice Hayne received his appointment to the High Court of Australia in 1997. At the bar he specialised in commercial, constitutional, and general civil matters. In 2002 Justice Hayne was appointed a Companion in the General Division of the Order of Australia.
The Rt Hon Sir Kenneth Keith (New Zealand)
Sir Kenneth Keith is one of New Zealand’s most distinguished jurists. He was one of the inaugural appointees to the New Zealand Supreme Court. Sir Kenneth served on the New Zealand Public and Administrative Law Reform Committee from 1972-1986, and sat on the Royal Commission on the Electoral System in 1985-86. He was a member of the New Zealand Law Commission from 1986-1996, the latter five years of which he served as its president. He has also had significant international service in a variety of contexts including within the then Department of External Affairs (1960–62) and the United Nations Office of Legal Affairs (1968–70). Among an extraordinary array of activities, highlights include leading the New Zealand delegation to the conference in Geneva that framed the first two protocols to the Geneva Conventions; appearing as counsel for New Zealand before the International Court of Justice in the various iterations of the Nuclear Tests Cases in 1973, 1974 and 1995; and his service as a past president and member of the International Humanitarian Fact-Finding Commission under the first additional Protocol to the Geneva Conventions for the Protection of War Victims.
The Hon Mrs Justice Sujata Vasant Manohar, BA (Bom) MA (Oxon) Barrister-at-law Justice Manohar is a former Judge of the Supreme Court of India. She is now a member of the National Human Rights Commission, India. Prior to joining the Supreme Court of India, Justice Manohar was the Chief Justice of the Bombay High Court and thereafter of the Kerala High Court, being the first woman to hold these positions. She established the Maharashtra Family Courts, was the first Chairperson of the Board of Visitors of the Judicial Officers’ Training Institute at Nagpur, and was the Vice President of the Maharashtra State Legal Aid and Advisory Board. She is an Honorary Bencher of Lincoln’s Inn and an Honorary Fellow of Lady Margaret Hall, Oxford. She has received an Hon DLitt from SNDT University, Mumbai. She is currently Chairperson of the International Law Association Committee on Feminism and International Law.
The Hon Mr Justice Robert Ribeiro, PJ LLB LLM (LSE) Mr Justice Ribeiro is a Permanent Judge of the Hong Kong Court of Final Appeal, the highest appellate court in the Hong Kong Special Administrative Region of the People’s Republic of China. Before beginning his judicial career, he lectured at the University of Hong Kong’s Faculty of Law. He then practised as a barrister at the Hong Kong Bar, having also been called to the bar at the Inner Temple in 1978. He was appointed a QC in 1990 (a status converted to Senior Counsel in 1997). After spending a year as a judge of the Court of First Instance in 1999, he was appointed a Justice of Appeal in the Hong Kong Court of Appeal in 2000 and, in the same year, was further appointed to the Hong Kong Court of Final Appeal. He has sat as a member of the Hong Kong Law Reform Commission, the Bar Council and the Operations Review Committee of the Independent Commission Against Corruption over a number of years.
The Hon Mr Justice Robert J Sharpe JA, BA (UWO) LLB (Hons) (Toronto) DPhil (Oxon) Mr Justice Sharpe sits on the Court of Appeal for Ontario, Canada. Before his appointment he sat on the Ontario Court of Justice (General Division), now the Superior Court of Justice. Before embarking on his judicial career he taught at the University of Toronto and was Dean of the Faculty of Law (1990–5). Mr Justice Sharpe spent two years as Executive Legal Officer, Supreme Court Canada, and is a Fellow of the Royal Society of Canada. He has authored numerous scholarly articles and several books, including The Law of Habeas Corpus (2nd ed, 1989); The Last Day, the Last Hour: The Currie Libel Trial (1988); Injunctions and Specific Performance (3rd ed, 2000); The Charter of Rights and Freedoms (with Katherine Swinton, 1998); Brian Dickson: A Judge’s Journey (with Kent Roach, 2003); The Persons Case: The Origins and Legacy of the Fight for Legal Personhood (with Patricia McMahon, 2007). He was a member of the Advisory Panel to assist the Constitution of Kenya Review Commission regarding the judiciary (2002) and a member of the International Bar Association Rapid Response Missions to investigate threats to judicial independence in Russia (2005) and Pakistan (2007).
The Hon Chief Justice Anthony Smellie QC
Chief Justice Smellie has been a Judge of the Grand Court of the Cayman Islands since February 1993. In June 1998 he was appointed Chief Justice of the Cayman Islands. In August 1991 he was appointed as one of Her Majesty's Counsel. Earlier positions held by Chief Justice Smellie include Assistant Director of Public Prosecutions for Jamaica, Solicitor General, and Acting Attorney-General for the Cayman Islands. Chief Justice Smellie is a graduate of the Faculty of Law of the University of the West Indies (Barbados) and of the Norman Manley Law School (Jamaica) where he obtained his postgraduate professional qualifications. He is also an alumnus of the International Development Law Institute, Rome. He is an Honorary Fellow of the Society for Advanced Legal Studies, London. Chief Justice Smellie is one of the representatives of the Cayman Islands to the Caribbean Financial Action Task Force. He is listed by the UNDCP as a Consultant on the subject of anti-money laundering law and policy. His present responsibilities include being the central authority for the Cayman Islands Mutual Legal Assistance Treaty with the US.
References
- ^ Tang Hang Wu, Natural Obligations and the Common Law of Unjust Enrichment (2006) 6 OUCLJ 133 (free download)
- ^ http://www.tandfonline.com/action/authorSubmission?journalCode=rouc20&page=instructions
- ^ "Oxford University Commonwealth Law Journal - Board of Patrons". Retrieved 2009-03-19.