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Southampton Student Law Review 2014 Volume 4, Issue 1 Southampton Student Law Review 2014 volume 4, issue 1 1 Southampton Student Law Review Southampton Law School Published in the United Kingdom By the Southampton Student Law Review Southampton Law School University of Southampton SO17 1BJ In affiliation with the University of Southampton, Southampton Law School All rights reserved. Copyright© 2014 University of Southampton. No part of this publication may be reproduced, transmitted, in any form or by any means, electronic, mechanical, recording or otherwise, or stored in any retrieval system of any nature, without the prior, express written permission of the Southampton Student Law Review and the author, to whom all requests to reproduce copyright material should be directed, in writing. The views expressed by the contributors are not necessarily those of the Editors of the Southampton Student Law Review. Whilst every effort has been made to ensure that the information contained in this journal is correct, the Editors do not accept any responsibility for any errors or omissions, or for any resulting consequences. © 2014 Southampton Student Law Review www.southampton.ac.uk/law/lawreview ISSN 2047 - 1017 This volume should be cited (2014) 4(1) S.S.L.R. Editorial Board 2014 Editors-in-Chief Elizabeth Herbert Ida Petretta Editorial Board Neil Brown Louise Cheung Dingjing (James) Huang Ebenezer Laryea Henry Pearce Viktor Weber Acknowledgements The Editors wish to thank our academic advisor Professor Oren Ben-Dor for his advice, commitment and support The Editors also wish to thank all members of Southampton Law School who have aided in the creation of this volume. Elizabeth Herbert and Ida Petretta Southampton Student Law Review, Editors-in-Chief October 2014 Table of Contents Foreword…………………………………………………………………………………………………i Professor Oren Ben-Dor Articles Somali Pirates and International Law: Domestic Interests Preventing a Permanent Solution? A Critical Examination of the International Legal Framework and Response to Somali Piracy…………………………………………….....1 Balpreet Lailna Equity and Trusts: Concerned with Moral Questions or Formal Rules?.........24 Constantia Charalambous Criminalisation of Extreme Pornography: An Anti-Pornography Feminist Perspective…………………………………………………………………………………………...30 Fiona Raye Clarke 2013 Undergraduate Dissertations Physician-Assisted Suicide: Can the Doctor and Patient Escape the Slippery Slope, Together?.................................................................................................41 Vijay Chohan Parad0x and Pragmatism: ‘Virtual Immunities’ and the Imposition of Liability in Negligence Claims Against Local Authorities………………………………………..63 David Humphreys Offensive Tweeting: Criminal or Just Crass? “Freedom Only to Speak Inoffensively is not Worth Having.”…………………………………………………………85 Oluwatomi Ibirogba Religion, Parliament and the End of Life Debate: How do Religious Beliefs Influence the Legislative Process of England and Wales?..............................106 Jacqueline Powell Foreword It gives me great pleasure to write a forward to this issue of Southampton Student Law Review. This review, now in its fourth volume is now firmly established and is growing in its substance and reach. The richness of insights, as well as quality of scholarship of our students, both graduate and undergraduate, testifies to the vibrant student research community at the School and the intensity of its interaction with the wider academic research environment. Students’ research is a central pillar of school life and we can witness many pearls of new connections that are being sawn here. Each of the articles published here, is exemplary in expression, connection and design and evidences the ability to draw trends of arguments from a wide range of materials; distil questions that cut across legal fields and, finally, to combine general issues in jurisprudence and political theory with terms and concepts deployed in critical arguments within legal doctrine. The LLB 10,000 words dissertation, also celebrated in this volume is unique to our LLB programme. The dissertations published here show the sheer awareness, talent and research skills of our third year students and the kind of critical legal education that they get in the LLB both in breadth and depth. Supervised by our full-time members of staff, the dissertation is a compulsory module that involves independent research by third year LLB students on any topic of their choice. The design of our LLB programme gives students the tools that empower them to become insightful and courageous. Our graduate students programme, seminar series and student conferences ensure that the students opening their horizon all the time. I would like to congratulate contributors for their terrific pieces and to thank all members of staff whose dedicated inspiration and supervision keep making SSLR possible. Warm thanks are due to Joy Caisley, our Law Librarian, who always offers unparalleled guidance and support in using library resources throughout the LLB and graduate research. Last but not least warm congratulations Ida Petretta and Liz Herbert and all members of the editorial team of SSLR for their dedicated work in seeing this gem to publication. Wishing you rewarding reading, Oren Ben-Dor Professor of Law and Philosophy, Southampton Law School October 2014 i S.S.L.R Somali Pirates and International Law Vol.4 Somali Pirates and International Law: Domestic Interests Preventing a Permanent Solution? A Critical Examination of the International Legal Framework and Response to Somali Piracy Balpreet Lailna Introduction he Gulf of Aden is one of the busiest international shipping lanes close to the coast of Somalia, with up to 30,000 ships traveling through it annually.1 With T increasing aggressiveness and sophistication, pirates operating out of Somalia have made international headlines by attacking vessels passing through the Gulf of Aden, off the Horn of Africa (HOA).2 In 2011 the International Maritime Bureau of the International Chamber of Commerce (IMB) attributed approximately 54% of all attempted piracy attacks worldwide to Somali pirates.3 Consequently, these piracy attacks have caused significant international ramifications. The economic costs of Somali piracy have been cited upwards of US$ 6.6 – 6.9 billion in 2011.4 Meanwhile, “cruise-liners have been shot at, aid deliveries jeopardized and the crews of fishing, recreational and aid vessels have been taken hostage for ransom.” 5 Evidently, a variety of domestic interests have been affected, thus giving the international community an incentive to intervene.6 Particularly, “the country in which the vessel * Balpreet S. Lailna BA (Hons), LLB: I wish to thank Dr Matthew Nicholson from the University of Southampton Law School for his supervision and invaluable feedback on another version of this paper. I also wish to thank the Editors-in-Chief of the Southampton Student Law Review Miss Liz Herbert and Miss Ida Petretta, and Reviewer James Dingjing for their comments and feedback. 1 A Anyimadu, ‘Notorious Somali Pirate Quits: Now is Shipping Safe?’ (Marketplace Africa: CNN 2013) <http://edition.cnn.com/2013/01/11/opinion/somalia-pirate-retires/index.html> accessed January 22 2013 2 D Guilfoyle, ‘Counter-piracy Law Enforcement and Human Rights’ (2010) ICLQ 141, 141 3 International Maritime Bureau of the International Chamber of Commerce, Piracy and Armed Robbery Against Ships (Annual Report for 2011, ICC-IMB London, 2012) 5-6 4 A Bowden and S Basnet, ‘The Economic Cost of Somali Piracy 2011’ (2012) One Earth Future Foundation, Working Paper 1 < http://oceansbeyondpiracy.org/sites/default/files/economic_cost_of_piracy_2011.pdf> accessed 2 February 2013 5 D Guilfoyle, ‘Piracy off Somalia: UN Security Council Resolution 1816 and the IMO Regional Counter-piracy Efforts’ (2008) ICLQ 690, 691 6 E Kontorovich, ‘“A Guantánamo on the Sea”: The Difficulty of Prosecuting Pirates and Terrorists’ (2010) 98 Cal. L. Rev. 242, 247 1 [2014] Southampton Student Law Review Vol.4 is flagged, the various countries of nationality of the seafarers taken hostage, regional coastal countries, the country of the vessel or cargo owner, and transshipment and destination countries” all have a direct interest in ensuring further attacks do not occur. 7 As British Prime Minister David Cameron suggests, in the fight against piracy, “the world needs to come together with [great] vigour.”8 Given the international impact of Somali piracy the UNSC, charged with responsibility of maintaining international peace and security, has spearheaded the international fight against piracy.9 Relying on the United Nations Convention on the Law of the Sea 1982 (UNCLOS),10 which, inter alia, provides an international legal framework against piracy, the Council has adopted Resolutions 1816,11 184612 and 1851; 13 hereafter the international framework. These resolutions have arguably mitigated many of the complexities in law and in practice concerning enforceability in and off the coast of Somalia. Accordingly, an attempt is made to provide a foundational enforcement framework, uniting international efforts on the seas to suppress Somali piracy. But is this enough to permanently supress piracy stemming from Somalia? Is this the goal? This piece argues that the international framework on piracy provides an effective structure for the international community to effectively supress piracy permanently; however, the international community’s desire and willingness to do so in turn highlights the weaknesses of the framework itself. This
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