LSE Law Review

We are now accepting applications from students across all years of study at The London School of Economics and Political Science (LSE), LSE Law School to join our Editorial Board for the 2024/25 Academic Year. Please refer to the PDF below for more information on available roles and how to apply. All applications must be emailed to editor-in-chief@lselawreview.com by 11:59pm UK time on October 16th, 2024.

We would like to congratulate our Notes Editor Jan Młynarczyk (LLB (LSE) ’24) on the publication of his article, 'Reassessing Nottebohm in an Era of Global Mobility', on the LSE Law Review Blog! The 'genuine link test' devised in the 1955 case of Nottebohm still influences approaches to naturalisation worldwide. This article argues that the International Court of Justice should revisit the Nottebohm judgement at the earliest opportunity. It is shown that although the standard may be useful in for mitigating malfeasance connected with the so-called ‘golden passports’ practice, there are other tools at policy-makers’ disposal, which, unlike the strict application of the ‘genuine link test’, can minimise the damage without compromising the benefits of investor citizenship. It is further argued that the standard is highly impractical to apply, infringes upon State sovereignty, proves unfit for public opinion and economic considerations in the era of globalisation, and, most importantly, can inadvertently aggravate the problem of statelessness. You can read the full piece here: https://lnkd.in/gq38ee2c

It was a pleasure to host our inaugural 'Global Debrief' event yesterday in collaboration with our partners at the Harvard Undergraduate Law Review, Cornell Undergraduate Law & Society Review (CULSR), Columbia Undergraduate Law Review, The Oxford University Undergraduate Law Journal and the Cambridge Law Review. Our programme included a mix of presentations and breakout room sessions where attendees from participating law reviews discussed the issues raised. Professor Andrew Murray (Director, LSE Law, Society and Technology Group) spoke to us about different jurisdictions' regulatory approaches to addressing bias in AI systems. Assistant Clinical Professor Carmel Shachar (Faculty Director, Harvard Law School Health Law and Policy Clinic) explored some of the legal and moral considerations involved in developing ethical digital health products. Finally, Professor Paul MacMahon (Director, LSE Law School Executive LLM Programme) spoke about key strengths and common criticisms of how international commercial arbitration works in practice. We would like to thank our guest speakers for their engaging and informative remarks. We also would like to thank our student moderators Elyse Barg, Jackie Bickford, Leslie P. Nevarez, Yuvraj T., En Yi Choo, Yuchan Son, Brendan H. and Oliver Chan for facilitating discussion in their respective breakout rooms. We relish the opportunity to connect with our partners through the exploration of pertinent legal developments and hope that it was a fruitful session for all involved.

We would like to congratulate our Notes Editor Clarissa Wong (LLB (LSE) ’25) on the publication of her article, 'A Comparative Analysis of Milieudefensie Through the Lens of the Common Law: Could Companies be Negligent Under English Tort for Producing Climate Change-Causing Emissions?', on the LSE Law Review Blog! In 2021, the Dutch court of first instance in Milieudefensie v Royal Dutch Shell established a new private law obligation for a key carbon emitter: it must, through corporate policy, remove or prevent the serious risks of climate change. This article analyses the relevance of the landmark ruling to the English climate litigation scene, illuminating some of the realities and challenges of pursuing climate justice under the English tort of negligence. You can read the full piece here: https://lnkd.in/gSwv2RtS

SUMMER 2024 ISSUE - CALL FOR SUBMISSIONS (DEADLINE: 11 August 2024, 11.59pm BST) The LSE Law Review is now accepting submissions for publication in our Summer 2024 Issue! The best submissions will stand to win cash prizes. Between 2023-2024, prizes ranging up to £750 were sponsored by Three Verulam Buildings, One Essex Court, 6KBW College Hill, Serle Court and the LSE Law Review. Furthermore, all successful submissions will be published on the LSE Law Review website, HeinOnline and vLex Justis, and will also be indexed on Thomson Reuters WestLaw. Final Deadline: 11 August 2024, 11.59pm UK Time (BST). Submissions should be made electronically through our website (https://lnkd.in/gmE4cNf) under “start a submission”. Writings can be in the form of an article (4,000-20,000 words); case note (1,000-4,000 words); or a letter to the editor addressing current legal developments or drawing attention to a legal issue that the author considers important (up to 2000 words). All word limits exclude footnotes. Submissions should be on an area within UK, EU, and/or International Law. Submissions on Foreign Law may be accepted where there is a strong comparative analysis with UK, EU, and/or International Law. Anyone is welcome to submit their work to us (including undergraduate students, postgraduate students, graduates, practitioners). However, we generally do not publish submissions from pre-university students or academics who have already attained PhD degrees. For more information, please see our submission guidelines. Any further queries can be sent to editorialteam@lselawreview.com. _____________ Interested in sharing a shorter piece of writing? The LSE Law Review Blog (which is separate from our Main Journal) accepts and publishes submissions on a rolling basis. Find out more about submitting a Blog Post here: https://lnkd.in/g3rKg8xE

What can the theories of an 18th century Scottish philosopher teach us about the nature of parliamentary sovereignty in the UK? We would like to congratulate our Junior Notes Editor Marius Veiss (LLB (LSE) ’26) on the publication of his article, 'The Fleeting Doctrine of Parliamentary Sovereignty: Is The Doctrine Dead in the Eyes of David Hume, or is David Hume Dead in the Eyes of the Doctrine?' on the LSE Law Review Blog! This article scrutinises traditional views of parliamentary sovereignty by applying the philosophies of David Hume, highlighting how Dicey's orthodox conception would not constitute a 'just definition' in Hume's eyes. It explores recent limitations placed on parliamentary sovereignty as an expression of its empirical nature and uses Hart's rule of recognition to explain its dependence on real-world circumstances. You can read the full Blog post here: https://lnkd.in/grV3GBHv

Calling all students at the The London School of Economics and Political Science (LSE), LSE Law School: applications to join the LSE Law Review's 2024 Summer Editorial Board are now open! Please refer to the PDF below for more information on available roles and how to apply. All applications must be emailed to editor-in-chief@lselawreview.com by 11:59pm UK time on June 16th, 2024.

We would like to congratulate our notes editor Eleni Anayiotou (LLB (LSE) ’25) on the publication of her article, ‘Online Domestic Abuse: Redefining the Law and Protecting Victims in Long-Distance Intimate Relationships’ on the LSE Law Review Blog! This article explores Domestic Abuse law in England and Wales and attempts to redefine it to respond to the nascent issue of tech-facilitated abuse, with a particular focus on online abuse taking place in the context of Long-Distance Intimate Relationships. It puts forward the opinion that the category of ‘online domestic abuse’ warrants specialised legal protection, speculating and supplementing the direction Ofcom will and should take with regard to the issue at hand. You can read the article here: https://lnkd.in/g4-4GYFA

We would like to congratulate Claire Li (LLB (LSE) ’23) on the publication of her article, 'The Greenwashing of Anti-greenwashing Legislation: Is Existing Regulation in the UK Adequate in Tackling Greenwashing by Corporations?' on the LSE Law Review Blog! This article argues that despite the UK government’s claims to tackle greenwashing, current regulatory methods have not adequately addressed the pressing issue. This article recognises that these measures are a step in the right direction. However, it argues that the government is engaging in a greenwashing of its own, by representing that it is tackling greenwashing despite the inability of the current regulatory system to comprehensively combat the large-scale and pervasive nature of the problem. You can read the article here: https://lnkd.in/dNJ_WYT3.

We would like to congratulate our notes editor Leonie Finke (MSc International Social and Public Policy (LSE) ’24, BSc Neuroscience and International Studies (University of Pittsburg) ’23) on the publication of her article, ‘Untangling Refoulement and Non-Refoulement in the Judicial Response to the ‘Rwanda Policy’, on the LSE Law Review Blog! This article discusses the case where Supreme Court of the United Kingdom (UKSC) held that the ‘Rwanda policy’ – the Secretary of State’s policy of redirecting people claiming asylum in the United Kingdom to Rwanda – was unlawful. An important factor in this decision was the finding that there was a real and substantial risk of refoulement, which both domestic and international law protect against. The decision has created uncertainty pertaining to the scope of non-refoulement as a principle in practice. Importantly, a definition of refoulement which pertains only to a return to an unsafe country of origin is erroneously used as a guide, instead of the principle of non-refoulement in international law, which extends to other removals. As such, the UKSC derivates from past international developments to the Refugee Convention to promote a more narrow standard, with both domestic and international implications. This article identifies the importance of this phenomenon as largely in regard to the asylum seeker who faces a risk of ill-treatment under the principle of non-refoulement but who does not face a risk of refoulement to their country of origin. You can read the article here: https://lnkd.in/dTGsbDvp.