Dr Justin Borg-Barthet

BA (Malta), Dip. Not. Pub. (Malta), LLD (Malta), LLM (Aberdeen), PhD (Aberdeen)

Senior Lecturer

Contact Details

Telephone: work +44 (0)1224 272436
Fax: fax +44 (0)1224 272442
Email: jborgbarthet@abdn.ac.uk
Address: The University of Aberdeen C46B, Taylor Building

Biography

Justin Borg-Barthet studied Law and European Studies at the University of Malta. After qualifying as an advocate in Malta, he pursued postgraduate studies at the University of Aberdeen. This was followed by a lectureship at the University of Dundee. He joined the School of Law as a lecturer in September 2012. He was promoted to Senior Lecturer in 2017.

Justin’s research and teaching address a wide range of subject matter, principally in European Union law and Private International Law. The work includes analyses of the jurisdictional and choice of law rules in defamation cases, cross-border regulation of companies, the recognition of same-sex relationships, Scottish independence and EU membership, and the treatment of migrants' rights in the EU. The unifying theme in this body of work is an exploration of the allocation of decisional power as between individuals, States, and supranational regulators.

Justin is the author of a leading monograph on corporate mobility (The Governing Law of Companies in EU Law (Bloomsbury/Hart 2012). The book was described as ‘a remarkable analysis of the complex issues resulting from the intersection of private international law of companies and companies' freedom of establishment under the TFEU’ (P Behrens (2013) CMLRev 1870). Another review says: ‘The book, no doubt, will make an important contribution to the future development of corporate mobility in the European Union…it is highly recommended.’ (M Schillig (2014) ELR 151). This book and his other publications are cited extensively in the literature.

Justin has acted as a consultant to the European Parliament on a review of the Brussels IIa Regulation, and as part of a steering committee advising the European Commission on the possible introduction of legislation concerning the cross-border mobility of companies. He has also advised a consortium of press freedom NGOs on the reform of EU defamation law. His work on the recognition of same-sex relationships was cited with approval in Advocate General Wathelet's Opinion in Case C-673/16 Coman.

Further information concerning research, postgraduate supervision, teaching, administrative contributions, and external responsibilities is available under other headings on this page.

Research

Research Interests

Justin's research explores several themes in private international law and EU law. He is able to provide lead supervision across a range of topics relating to his research. His published work explores the balance between individual freedoms and the rights of EU Member States to govern their socio-economic affairs. Publications span several iterations of the problem, including in respect of European company law, defamation, online gambling and the recognition of same-sex relationships.

Current Research Students

Benedetta Lobina: The rule of law crisis and its implications for the European Union (lead supervisor)
Hannah Duncan: Intercountry adoption and Islamic jurisdictions (2nd supervisor)
Mohammed Alfalhi: Limited liability in the Kingdom of Saudi Arabia (2nd supervisor)
Mahmoud Ashami: Minority shareholder protection in Libya (2nd supervisor)

Completed PhDs

Lela Melon: Overcoming the Prisoners Dilemma of European corporations
Chukwudi Ojiegbe: The interface between commercial arbitration and the Brussels I regime

Current Research

Justin's current research explores how private international law rules can be deployed to suppress freedom of expression. The research was prompted by the redaction and deletion of press reports in an EU member state following vexatious threats of libel suits in jurisdictions in which a legal defence may have been beyond the prospective defendants' means. Justin's academic contributions in this area are accompanied by extensive public engagement with a view to supporting efforts to instigate legal reform.