In Scotland, like England, possession plays a part in landownership. In Scotland a non-owner may acquire a title to land by the operation of prescription;1 in England the title of an owner may be lost by limitation2 but an easement can be acquired by prescription,3 as can a servitude in Scotland.4 Because the acquisition of ownership in Scots law is by the operation of prescription, both a title and possession are necessary,5 whereas in England only possession is required. Although the theory behind and the purpose of adverse possession are different in each jurisdiction, as are the periods of possession, the result in many cases will be similar. The purpose of this article is to look at the similarities and the differences, and to consider recent cases on possession in each jurisdiction to show to what extent, if at all, one jurisdiction may learn from the other. The Prescription & Limitation (Scotland) Act 1973 codified the law and, although it shortened the period of prescription, cases decided under the previous law, notably those on the requisites of possession, are still relevant.

The concepts of jurisdiction and applicable law have been traditionally regarded as separate inquiries in private international law: a court only considers the applicable law once it has decided to adjudicate a matter. While such an approach still generally applies in civil law jurisdictions, in common law countries the concepts are increasingly intertwined. This article examines the relationship between jurisdiction and applicable law in two key areas: applications to stay proceedings on the ground of forum non conveniens and to enforce foreign exclusive jurisdiction agreements. While courts generally apply the principle that jurisdiction and applicable law should coincide where possible, there are circumstances where a court may retain jurisdiction despite a foreign governing law or may ‘trust’ a foreign tribunal to apply the law of the forum. This article seeks to establish a framework by which courts may assess the role of the applicable law in forum determinations.

The International Law Commission's 2019 Draft Conclusions on Peremptory Norms of International Law assert that States have an obligation to cooperate to end serious breaches of peremptory norms. International law provides scarce guidance, however, regarding how States are expected to fulfil that obligation. This article seeks to elaborate: first, whether the prohibition of crimes against humanity and the ‘basic rules’ of international humanitarian law are peremptory norms; second, what States are required to do to fulfil their obligation to cooperate; and third, how States might utilise the General Assembly as a forum through which to fulfil that obligation.