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Professor Justin Borg-Barthet

Professor Justin Borg-Barthet
Professor Justin Borg-Barthet
Professor Justin Borg-Barthet

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

Personal Chair

About
Email Address
jborgbarthet@abdn.ac.uk
Telephone Number
+44 (0)1224 272436
Office Address

C46B, Taylor Building

School/Department
School of Law

Biography

Justin 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.

His research and teaching address a wide range of subject matter, principally in European Union law and Private International Law. The work includes analyses of Strategic Lawsuits Against Public Participation (SLAPP), jurisdictional and choice of law rules in defamation cases, cross-border regulation of companies, and the recognition of same-sex relationships. 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 (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’ (Behrens (2013) CMLR 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.’ (Schillig (2014) ELR 151).

Justin regularly acts as a consultant on legal reform relating to his research. He advised the European Parliament on a review of the Brussels IIa Regulation, and was a member 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 coalition of press freedom NGOs, the European Parliament and European Commission on the introduction of anti-SLAPP legislation.

His work on the recognition of same-sex relationships was cited with approval in AG Wathelet's Opinion in Case C-673/16 Coman.

Memberships and Affiliations

Internal Memberships
External Memberships
  • Member, European Commission Expert Group Against SLAPP (DG Justice and Consumers)
  • External examiner, University of Glasgow
  • External examiner, University of Dundee

 

Latest Publications

View My Publications

Prizes and Awards

Personal Tutor of the Year 2022, Students' Union and University of Aberdeen Excellence Awards

Research

Research Overview

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

Justin's current research explores several facets of the prevention of Strategic Lawsuits Against Public Participation (SLAPP) in the European Union. In particular, the work 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.

Supervision

Current Research Students

  • Qusai Al Shahwan: Absence of Arbitrator Duty of Disclosure Under the English Arbitration Act 1996.
  • Magdalena Zabrocka: Citizenship and Residence by Investment Schemes in the European Union. 
  • 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 and LLMs by Research

  • Benedetta Lobina: The rule of law crisis and its implications for the European Union (LLM by Research with Distinction).
  • Lela Melon: Overcoming the Prisoners Dilemma of European corporations (PhD).
  • Chukwudi Ojiegbe: The interface between commercial arbitration and the Brussels I regime (PhD).

Funding and Grants

Teaching

Teaching Responsibilities

Course coordinator

  • LS 2026 EU Institutions and Law
  • LS 4025 Dissertation
  • LS/LX 452E Contemporary Legal Issues in European Integration

 Lecturer/Tutor

  • LS 1025 Legal System
  • LS 2532 Private International Law
  • LS 25XX Comparative Law II: The Romano-Germanic Tradition
  • LS 401Q Private International Law of Commercial Law Honours
Publications

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Books and Reports

Chapters in Books, Reports and Conference Proceedings

Contributions to Journals

Contributions to Specialist Publications

Non-textual Forms

Working Papers

Other Contributions

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