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9 UCLJLJ i (2020)

handle is hein.journals/ucljljuris9 and id is 1 raw text is: 




PREFACE


Dear Reader, on behalf of the Editorial Board of the UCL Journal of Law and Jurisprudence,
we are proud to introduce the Journal's issue for the academic year 2019-2020.
       Those accustomed with the UCLJLJ will instantly notice the lack of an adjective prior
to the word 'issue' and might wonder whether this is the Spring or Autumn issue. In
anticipation of such a reaction, we feel that a few words are in order; when the current Editorial
Board took charge in late 2019, our goal was indeed to continue the tradition of having two
issues of the Journal published within a sole academic year. Despite our intention, however,
the global pandemic that left nothing unaffected, including the UCLJLJ, put a significant strain
on our ability to work efficiently and respect the timetable we had set initially. Faced with these
unprecedented circumstances, we made the difficult, yet conscious, decision to put quality first
and confine ourselves to producing a single issue for 2019-2020. We are nevertheless confident
that the quality of this issue's content and the hard work that the Editorial Board of the Journal
selflessly put as a whole into this effort will justify our decision.
       Beginning with content, we are particularly proud that the submissions we have chosen
to publish - all of which are of excellent quality and live up to the highest standards of academic
writing - cover a truly wide range of legal fields and topics and deal with issues of positive law
and jurisprudence alike.
       In the first article, Dr Stefan Mandelbaum applies Weber's observations on legitimate
legal orders in order to explore the institution of international investment arbitration. The work
develops the argument that arbitration's legitimacy challenges are intrinsically linked to
evaluations of the performance of arbitral reasoning. This issue's second article, by Akshay S.
Gohil, poses - and answers - the question of whether the 'pari passu clause' and the 'collective
action clause', both important non-financial clauses included in sovereign bond documentation,
address effectively the problem caused by creditors who refuse to participate in sovereign debt
restructuring negotiations and instead opt for litigation, seeking full repayment (also known as
the holdout problem).
       In our third article, Samantha Ria Shahriar address the novel issue of cyber-attacks
perpetrated by States and non-State actors, and analyses whether such attacks can be considered
as 'imminent', in which case anticipatory self-defence can be invoked by the States that expect
to be attacked. Moving on, Victoria Martinez Placencia's article deals with the ever-imminent
issue of disadvantage as an essential concept of anti-discrimination law and examines the extent
to which this concept of disadvantage is used differently in discrimination claims, compared to

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