All the research and analysis carried out by Halsbury’s Law Exchange demonstrates its mission to support the rule of law by providing an effective legal framework. It seeks to stimulate public debate on major issues and put forward proposals to ensure the law is just.
Our most recent Policy Papers are listed below.
International environmental problems are in a legal lacuna; is an international court for the environment now an imperative?
The Copenhagen Accord – hard-won but not legally binding – failed to address the effects of environmental damage and it seems unlikely that the next UN Climate conference in Cancún, Mexico, in November, will yield any further progress. The potential effects of climate change therefore remain in sharp focus, especially so as existing international legal obligations for the control of greenhouse gas emissions, accepted by most developed nations except the USA, will cease to apply after 2012. Developing countries have, in fact, declined to agree to even the most modest controls. Few now deny the urgency of a solution to these problems; the issues were recognised, if insufficiently addressed, by the Copenhagen Summit and confirmed by authoritative reports by the Intergovernmental Panel on Climate Change and by Nicholas Stern on behalf of the UK Government. But equally, few claim to have to hand a serious and comprehensive set of solutions. Statements emanating from international summits only confirm the diplomatic efforts involved in attaining linguistic, not to mention policy, consensus.
This Policy Paper argues that only a high-level international arbitral body would be able to convert environmental aspirations into more specific obligations on the ground.
Missed Opportunities: did the UK miss a significant opportunity to implement important improving reforms in the recent re-write of its companies’ legislation? Should it now be making further advances; parting with old traditions in favour of supporting modern corporate practices?
Last year, the number of UK corporate insolvencies hit a ten year high; the pressing need to revisit the question of whether UK insolvency procedures are adequate has never been clearer. This Policy Paper asks whether the UK needs to heed the direction corporate reform has taken in South Africa and analyses what the UK needs to learn from the new South African Companies Act due to come into force July 2010. The Policy Paper explains why UK company law must not stand still but strive to keep pace with prevailing corporate practices and market demands.