Once upon a time, there were two courts on this planet: the court of law and the court of equity. As the years went by, the line between the two blurred. For good or evil, the court of equity which embraces flexible discretion, gradually evolved into the court of law (here we mean common law),…
Freedom: A Bold Decision
Freedom Freedom. It is a big topic. But who could live without freedom? So let me try to share something valuable in this article. Instead of diving into some abstract concepts, I want to tell you a short story. A little girl was diagnosed with heart disease and one of their doctors told her father…
Should Equitable Confidentiality Protect Privacy?
(Words: 4448 excluding bibliography and this line) Introduction The privacy issue is a growing concern of the public in modern society and has attracted academic debates for centuries. This essay opens by reviewing the elements of the equitable doctrine of confidentiality and the origin of legal concepts of both confidentiality and privacy. In the first…
Institutional Sexual Abuse Claims – Vicarious Liability
I Introduction The status quo of bringing legal action for sexual abuse against the institution might not be optimistic for the victims of abuse. This essay examines the legal difficulties for vicarious liability in institutional abuse claims by analysing relevant case laws as well as discussing important legal principles. This essay also reflects on the…
Can Judicial Creativity Save Our Ocean?
– Reflecting the Tribunal’s Decision in the South China Sea Arbitration (edited on March 30, 2022) Introduction The increasing threat to our marine environment caused by harmful human activities has drawn attention to the legal interpretation. This essay examines how the Tribunal applied judicial creativity to interpret some articles in Part XII of the United…
Is a World Court of Human Rights a Better Choice?
– Reflecting Australia’s Immigration Detention Issue in relation to Article 9 of the ICCPR Introduction This essay seeks to examine the pro and cons of a World Court of Human Rights (WCHR) mechanism in line with the current global human rights system dominated by the United Nations. It then argues that WCHR is most likely…