8 UCLJLJ ii (2019)

handle is hein.journals/ucljljuris8 and id is 1 raw text is: 

DOI: 10.14324/111.2052-1871.108


                                   FOREWORD
I am delighted to introduce this issue of the UCL Journal of Law and Jurisprudence, the
first of 2019. The journal first began to publish outstanding research by graduate
students in 1994 as the UCL Jurisprudence Review. In 2012 it merged that review with
the UCL Journal of Human Rights and the UCL Commercial Law Review and since
then has been edited and run by UCL Laws students. It publishes cutting edge work by
graduate students, academics and practitioners and this year the editors Joyman Lee,
Andrew McLean (Academic Editors) and Luminita Olteanu (Managing Editor) have
been ably assisted by an editorial board consisting of twenty-seven postgraduate
students in bringing this issue to completion.
       The Journal aims to publish high-quality contributions to legal debates on a
range of issues, from the theoretical to the practical. This issue of the Journal certainly
meets that aim. The articles here engage with law's philosophical foundations, human
rights and the practical implications of legal doctrine. It begins with a piece by Dr Mark
D'Souza, Lecturer in Laws at UCL. D'Souza develops a philosophically enriched
exegesis and critique of the English law on criminal accessorial liability, by reference
to the structures of responsibility underpinning English criminal law. He contrasts
criminal law's relatively clear and settled approach to a principal's liability with its lack
of clarity about accessorial liability and attempts to find a way forward that is
philosophically and structurally coherent.
       In the second piece, Pavlo Malyuta is interested in the human rights issues raised
by unilateral option clauses increasingly found in contractual agreements. His article
examines the compatibility of unilateral arbitration and unilateral litigation clauses with
Article 6's right to a fair trial. Assessing the human rights implications of these clauses
is crucial as more and more agreements, both commercial and non-commercial, include
these types of clauses. The European Court of Human Rights has found that Article 6's
right of equal access to court may be waived and Malyuta concludes his analysis by
suggesting that these clauses are compatible with the ECHR because they constitute a
valid waiver of the right of equal access to a court.
       We move from Human Rights to shareholder remedies in Shenara Perera's piece
on English company law. Perera notes the overlap between two parts of the Companies
Act 2006, each of which creates a remedy for breach of a director's duties. She argues
the overlap muddies the remedial jurisdiction between personal relief, derivative relief
and corporate relief for shareholders. She recommends reform proposals which, if

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