New Papers in the Working Paper Series
We are delighted to announce the second issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2013.
In this issue, Dev Gangee (WP8/2013) traces the emergence of the brand as a new object of protection in European trade mark law; Robert Baldwin, Julia Black and Gerard O’Leary (WP9/2013) outline the challenges of regulating low risks and describe a framework for regulating low risks in environmental regulation in the UK and Ireland; Damian Chalmers (WP10/2013) explores the concept of sovereignty in the context of EU law and the Euro area crisis; Nicola Lacey and David Soskice (WP11/2013) analyse the relatively poor performance of the United States in criminal justice and related indices and forward an explanatory theory based on local governmental autonomy; Chris Thomas (WP12/2013) looks into the uses and abuses of the concept of legitimacy in the international legal sphere; Pablo Ibanez Colomo (WP13/2013) examines the relationship between the EU system of judicial remedies and the evolution of the EU law on abuses of dominance; Tatiana Flessas (WP14/2013) proposes a new theory regarding the increasing numbers of claims for repatriation of antiquities in museums; Jan Kleinheisterkamp (WP15/2013) takes the recent European Commission’s draft regulation on managing financial responsibility as the starting point to analyse the implications of future EU investment agreements for balancing public and private interests in EU law; Grégoire Webber (WP16/2013) challenges the weak conception of defeasible rights promoted by balancing and proportionality and argues that rights are conceptually interrelated to justice; Kai Möller (WP17/2013) contends that proportionality is not only compatible with but moreover necessitates the phenomenon that increasingly relatively trivial interests are protected as rights; Sivaramjani Thambisetty (WP18/2013) examines the implications of the institutional environment of the patent system on emerging technologies such as synthetic biology; and Antoine Vauchez (WP19/2013) explores the early history of the entanglement between law and European polity-building.
LSE Department of Law ranked in top three of UK’s leading Law Schools
LSE Law Department was recently ranked third in the Times 2013 Good University Guide for Law, after Oxford and Cambridge. The full results can be obtained here: http://www.thetimes.co.uk/tto/public/gug/ (The Times subscription required).
This confirm the Department's continuing position amongst the UK's elite law schools, listed in University Guides, published by The Complete University Guide, The Times, and The Guardian. In the Complete University Guide and the Times University Guide, which both take account of the quality of University research, the LSE Law Department was ranked top for research quality.
Dr Braithwaite wins Wedderburn Prize
Dr Jo Braithwaite has been awarded the Wedderburn
Prize (jointly with Dr Kirsty Hughes, Cambridge ), awarded by the
Modern Law Review.
Dr Braithwaite's article 'Standard Form Contracts as Transnational Law: Evidence from the Derivatives Markets' uses new research into the derivatives markets to develop our understanding of standard form contracts as transnational law and to show how transnational law theory may be usefully informed by empirical work.
The Wedderburn Prize is named in honour of Lord Wedderburn of Charlton, who served as General Editor of the Review from 1971 to 1988. It is awarded annually for a contribution to that year's volume which in the opinion of the Editorial Committee is exemplary of the type of scholarship that The Modern Law Review aims to promote. In awarding this Prize, the Committee pays particular attention to the work of authors who are at a relatively early stage of their careers.
The Modern Law Review was established in 1937 as a charity devoted to the promotion of legal education, the study of law and all other arts and sciences which may be of interest to those involved in the study or practice of law. MLR promotes these objectives by the publication of the law review and also by the organisation of lectures, seminars, scholarships and prizes that support legal education and scholarship.
Dr Beyani on Internally Displaced Persons in Syria
Dr Chaloka Beyani, Senior Lecturer in the Law Department, was invited last week Wednesday 29th May 2013 in his capacity as United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons to address an emergency session of the United Nations Human Rights Council on the situation in Syria, on behalf of the Coordinating Committee of the Special Procedures of the Human Rights Council representing UN Special Rapporteurs, Independent Experts, and Working Groups. On Thursday 30th May 2013, Dr Beyani presented to the Human Rights Council a well-received report on the situation of internally displaced women. The statements and the reports can be found here:
Dr Kleinheisterkamp gives new steer to EU investment policy
On 22 and 23 May, the Plenary of the European Parliament debated the impact of investment treaty arbitration on the EU’s regulatory powers and agreed that investor-state arbitration should not be used in trade agreements with partners who have sound judicial systems equivalent to European standards and that foreign investors should not be granted more rights than EU law offers also to European investors. This debate and the amendments(3, 4 and 5) to the Commission’s proposal COM(2012) 335 for a regulation on financial responsibility linked to investor-state arbitration were sparked by a report to the EP Committee on International Trade (INTA) authored by Dr Jan Kleinheisterkamp, which, building on his previous work, highlights the need to define the outer limits of the liability of the EU in future investment agreements and discussed the available policy options. This matter becomes all the more important in the light of the free trade negotiations with Canada, the U.S., and China.
29 May 2013
Dr Beyani to author UN report on internally displaced persons in Syria
In its Resolution A/67/L.63 adopted on 8th May 2013 on the situation in Syria, the United Nations General Assembly has requested the United Nations Special Rapporteur Dr Chaloka Beyani, Senior Lecturer in the Law Department, to , to submit a written report to the General Assembly, within 90 days on the very dire situation of internally displaced persons in the Syrian Arab Republic in terms of safety and their basic rights and livelihoods, and to provide recommendations with a view to meeting assistance and protection needs and' strengthening the effectiveness of the international response to displacement (para 21).
Prof Chalmers on 'Democratic Self Government in Europe'
Professor Damian Chalmers considers alternatives that may emerge out of the current British crisis of confidence in the European Union in his new publication ‘Democratic Self-Government in Europe’ (Policy Network, 2013). In this, he argues that EU law will have significant legal effects within the United Kingdom whether it remains in the EU or not. Rather than thinking in in/out terms, it is preferable to think in terms of how to mediate its effects so that it will only enjoy authority where it augments the quality of democracy enjoyed within the United Kingdom. Securing its democratic authority would require the development of three new tests. An EU measure must enjoy relative democratic authority over other forms of law. It must be democratically responsive to both domestic and pan Union concerns. It must not violate central domestic democratic values. In this paper, he goes through the implications of these and how these could be institutionalised within the current Treaty framework.
Prof Jackson on the rise of DIY-assisted conception
Professor Emily Jackson writes in the Guardian: 'We cannot know what the consequences will be of an increasingly DIY approach to healthcare. The opportunity for good, informed advice may be lost, as is the possibility of evidence-based regulation. Perhaps we need to persuade people of the advantages of talking through their options with a trained professional. If someone thinks that the internet is the best place to find a sperm donor, sex and relationships, education in the UK has not done a very good job. Regulated fertility provision in the UK may not be perfect, but it is undoubtedly better able to protect the interests of women and children than the wild west of DIY-assisted conception.'
Dr McDonagh on 'Patent Trolls'
Dr Luke McDonagh and his co-author, Dr Christian Helmers, have been cited in a submission made by Google, Blackberry, Earthlink and Red Hat to the US Federal Trade Commission and the US Department of Justice concerning the damaging effect that litigation undertaken by 'Patent Assertion Entities' (sometimes referred to as 'patent trolls') has on innovation. The submission made by the companies to the FTC/DOJ is publicly available here:
Shareholder Empowerment and Bank Bailouts
Research on ‘Shareholder Empowerment and Bank Bailouts' by David Kershaw and Edmund Schuster, together with FMG colleagues, Daniel Ferreira and Tom Kirchmaier, was recently discussed in the German Newspaper Wirtschafts Woche.
Giuliano Castellano on Banking Union and Cyprus
Dr Giuliano Castellano was recently interviewed by a Chilean national newspaper on EU financial markets regulation, with particular emphasis on banking union and the Cyprus crisis.
Rape myths not behind low conviction rate
Helen Reece's latest research - recently featured in The Guardian - questions the widespread belief that 'rape myths' account for low conviction rates. Reece argues that judges, prosecutors, police and jurors are generally capable of putting prejudices aside when considering individual cases: "The claim that rape myths are widespread may be challenged on three grounds: first, some of the attitudes are not myths; secondly, not all the myths are about rape; thirdly, there is little evidence that the rape myths are widespread. To a troubling extent, we are in the process of creating myths about myths. This process functions to close down, not open up, the possibilities of a productive public conversation about important and at times vexed questions."
A new book by Jo Murkens, together with Andrew Le Sueur and Maurice Sunkin, provides students with a thought-provoking and detailed analysis of the core issues relevant to students studying public law setting them in their political context. Each chapter provides a clear textual account of the topics covered. The text is supported by an excellent range of extracts from a wide range of sources, such as academic writing and reports of parliamentary committees, as well as extracts from leading judgments.
Baroness Hale in conversation with Prof Gearty
Baroness Hale, the most senior female judge in the UK, appeared at the LSE on Wednesday 13 March, in conversation with Professor Conor Gearty. On the repeal of the Human Rights Act, she said, 'I am quite sure that most of us – probably all of us – would regret it, because the opportunity for us, ourselves, to work out what is, and what is not, compatible with the European convention has brought great benefits to the law and to a great many people.' She also suggested that appointments to the Supreme Court should include some consideration of 'racial or gender balance'.
LSE Team Prepares for Vis Moot
The Law Department of the LSE hosted the London Vis
pre-Moot on 4-5 March. The two-day event gathered 9 universities in
preparation for the 20th Vis Arbitration Moot, which will take place
in Vienna (Austria) on 21-29 March. Participants included the teams
of King’s College London, University College of London, Oxford
University, Queen Mary University of London, Nottingham University,
Science Po University, University of São Paulo, Bocconi University
of Milan and LSE. This was the third edition of the LSE pre-Moot and
was extended this year to a two-day event that allowed increasing
the number of UK and non-UK universities invited.
Each team conducted 7 mock hearings against other universities. Each pleading was arbitrated by a panel of three arbitrators, including practitioners, academics or team coaches. Arbitrators included professionals from leading arbitration firms and chambers such as Allen & Overy, Baker Botts, CMS Cameron McKenna, Essex Court, Freshfields, Herbert Smith Freehills, K&L Gates, Wilmer Hale, and 12 Gray’s Inn. The pre-Moot was organised by Manuel Penades, the coach of the LSE Team and class teacher on the arbitration course in the LLM, with the help of the two student coaches Corina Lefter and Monika Pacocha and the support of Dr. Jan Kleinheisterkamp as the academic supervisor of the Team. The members of the LSE Team for this year’s Vis Moot are Viviana Berkman, David Girard, Edward Machin, Omavuaye Mudiaga-Erhueh, Predee Pravichpaibul, and Natalie Wong. We wish them all the best for the upcoming competition in Vienna.
Dr Paech named UNIDROIT Rapporteur
Dr Philipp Paech of the LSE Law Department was
named Rapporteur to the intergovernmental conference on Principles
for Close-out Netting held under the auspices of UNIDROIT in Rome in
March 2013. In that function he will oversee the finalisation of a
set of legislative principles that are designed to guide legislators
planning to improve the legal framework for close-out netting, a
commercial law technique important for the risk management of
financial institutions. The volume of cross-border transactions in
the financial markets makes these international principles
necessary. Dr Paech has been a member of the UK Treasury’s
delegation to UNIDROIT since the previous intergovernmental UNIDROIT
conference in October.
NEW BOOK: Liberty and Security
Professor Conor Gearty's new book Liberty and Security is published by Polity.
All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
NEW BOOK: Protection of the Right to Seek and Obtain Asylum Under the African Human Rights System
Dr Chaloka Beyani's new book Protection of the Right to Seek and Obtain Asylum Under the African Human Rights System is published by Martinus Nijhoff. The use of international human rights machinery to protect refugees has acquired an important dimension in recent years. This is true of both the United Nations treaty body system and the African, European and Inter-American regional systems of human rights. The result is a dynamic international invigoration of traditional refugee law that, in contradistinction, tends to be applied at the level of national courts and tribunals. Yet the precise role of human rights in the protection of refugees is sometimes viewed with suspicion and uncertainty. This Commentary provides a valuable insight into the use of human rights in the protection of refugees through the prism of the African Human Rights System.
Dr Beyani, in his role as Special Rapporteur on the rights of internally displaced persons, was also recently interviewed on UN radio about displacement related to elections in Kenya.
NEW BOOK: Constitutional Nationalism and Legal Exclusion - Equality, Identity Politics and Democracy in Nepal (1990-2007)
Mara Malagodi's new book, Constitutional
Nationalism and Legal Exclusion - Equality,
Identity Politics and Democracy in Nepal
(1990-2007) is published by Oxford
University. The book is a detailed case study of Nepal's
post-1990 constitutional experience. It examines the complex
relationship between law and politics, and emphasizes the role of
cultural identity in making institutional choices relating to the
framing and implementation of the Nepali Constitution. The volume
also analyses the patterns of legal exclusion that resulted in the
growing politicization of identity, the de-legitimization of the
1990 Constitution, and the current demand for state-restructuring
based on ethnic federalism and group rights.
The author, tracing the evolution of Nepal from a constitutional monarchy to a republic, analyses the drafting of the 1990 Constitution, the impact of the Maoist insurgency (1996-2006) on demands for constitutional change, the relationship between conflict and demands for recognition, and the role of Nepal's Supreme Court in the articulation of identity politics.
New Papers in the Working Paper Series
We are delighted to announce the first issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2013.
In this issue, Thomas Poole (WP1/2013) critically explores the concept of ‘reason of state’, asking specifically whose reason and which reason is referred to; Arthur Dyevre (WP2/2013) uses insights from game theory and international relations to examine the role of domestic judicial non-compliance in the European Union; Jo Murkens (WP3/2013) discusses whether the European Union Act of 2011 is a compromised and failed statute; Kai Möller (WP4/2013) in the introductory chapter of his recently published book identifies the existence of a global model of constitutional rights and sets out the terminology and methodology on which the book is based; David Kershaw (WP5/2013) explores whether wrongdoer control remains an absolute condition to the bringing of derivative litigation in the UK; Sivaramjani Thambisetty (WP6/2013) investigates whether the requirement of disclosure in patent specifications continues to be reflected in common law jurisdictions; and Peter Ramsay (WP7/2013) argues that the European Court of Human Rights is wrong in holding that the UK ban on prisoners’ voting is not necessary in a democratic society and offers a democratic argument in favour of the ban.
Simon Wong appears before House of Common Equity Markets Review
Visiting Fellow Simon Wong appeared before the House of Commons today to share this thoughts on the Kay Review of UK Equity Markets and Long-Term Decision Making. Simon, who has written extensively on institutional investors and the "investment chain", emphasized the need to reform pension fund structure and governance, revamp the performance metrics and incentives for investment managers to combat short-termism, and alleviate conflicts of interest in the investment industry.
Dr Chaloka Beyani warns that Kenya must avoid a new internal displacement crisis
One week before the elections in Kenya, Dr Chaloka
Beyani, LSE - also United Nations Special Rapporteur on the human
rights of internally displaced persons - has called on the Kenyan
Government and the international community to significantly scale up
efforts to prevent internal displacement in preparation for the
elections due on Monday 4 March.
“Instances of localized violence likely to result in the arbitrary displacement of persons in Kenya have steadily increased in the run up to the elections, although intervention by Government has helped to improve the situation,” Mr. Beyani said, recalling that internal displacement in the country has historically followed each election cycle since 1991/1992.
This year’s elections are the first under the new 2010 Constitution, which introduced major political reforms after the 2007/2008 post-election violence. At the time, lack of preparedness during the post-election violence contributed to the country’s largest internal displacement crisis, with 600,000 Kenyans displaced in precarious and adverse living conditions.
"I urge the Kenyan authorities this time around to strengthen the measures being led by national disaster and crisis management to prevent displacement, together with its national and international partners, and to intensify emergency preparedness and coordination efforts to that end,” the human rights expert stressed. “I particularly call upon donors to support such preparedness efforts, which are essential to save lives and ensure the safety and dignity of internally displaced persons in the possible event of displacement in the country.”
'Rape trials must be completely open'
Helen Reece, Reader in Law, writes on Spiked on the dangers of granting anonymity to defendants accused of rape, concluding: 'If anonymity were extended to rape defendants there would be no logical reason for refusing anonymity to other defendants ... If we set off down this path, the criminal justice system could end up shrouded in mystery. There is one certain way to combine these twin principles of open justice and equality - remove anonymity from rape complainants as well as defendants.' She was also quoted by the Independent (19/02/13).
Welcome to Shimizu Visiting Professor William Bratton
A warm welcome to Shimizu Visiting Professor William Bratton, who is with the Department from 25 February to 8 March 2013. Professor Bratton is one of the leading US scholars of corporate law. He is of considerable international repute. His primary fields of research and teaching are Corporate Law, Securities Law and Accounting Regulation. Over a period of 20 years in the academy his work has brought together multiple interdisciplinary influences including critical legal studies and various branches of economic theory. Professor Bratton is currently Professor of Law at the University of Pennsylvania Law School, where he is also Director of their Law and Economics Center. Previously he was the Weidenbruch Professor of Business Law at Georgetown University. His web page is available at: http://www.law.upenn.edu/cf/faculty/wbratton/
NEW BOOK: The International Sale of Goods
This new edition of the leading authority on international aspects of sale of goods by Professor Michael Bridge provides clear, comprehensive and detailed analysis of the subject. The unique dual coverage of contracts under English law and the CISG is a valuable benefit for those interested in all types of sale of goods contracts, including the sale of commodities such as grain and oil. The detailed commentary provides analysis on decided cases as well as on standard form contracts which represent evolving trade practice. In addition to matters of contract law, the book considers relevant property law, most notably addressing those issues arising out of the use of documents of title, such as marine bills of lading. The rights and duties of buyer and seller are explained in depth, and the relationship of sale contracts to other contracts, such as charter parties and letter of credit contracts, is rigorously examined. The book deals with issues of frustration and force majeure, the passing of property and risk, and remedies. New to this edition are three separate chapters on the UN Convention on the International Sale of Goods (CISG) covering formation, performance and remedies for non-performance of the contract.
NEW BOOK: From Empire to Union: Conceptions of German Constitutional Law since 1871
Jo Murkens' new book
From Empire to Union: Conceptions of German Constitutional Law
since 1871 (Oxford University Press, 2013) examines the modern development of German constitutional
thought by tracing the key public law concepts of state,
constitution, sovereignty, and democracy from their modern emergence
in the 19th century through to the present day. It analyses the
constitutional relationship between Germany and the EU from a
sociological and historical perspective, looking at how German
constitutional law has conflicted and compromised with EU law, and
the difficulties this has raised.
Professor Jackson on Liverpool Care Pathway review
Professor Emily Jackson will sit on the panel of an independent review of the Liverpool Care Pathway. The end of life care strategy was designed to ease the suffering of terminally ill patients, but became controversial when it was suggested that clinical decisions could be linked to financial incentives. Members of the public are invited to share their experiences of LCP, both good and bad, as part of this independent review, chaired by Baroness Julia Neuberger.
Panel discussion on Dr Moller’s The Global Model of Constitutional Rights at Oxford University
Dr Kai Möller (LSE), Professor Mattias Kumm (NYU and Humboldt University), and Dr George Letsas (UCL) participated in a panel discussion on Dr Moller’s new book The Global Model of Constitutional Rights (OUP 2012) at Oxford University on 15 February. The lively discussion touched upon a range of issues including the question of whether personal autonomy or human dignity ought to be regarded as the foundation of rights, the place of institutions as well as procedural and participation rights in a comprehensive theory of constitutional legitimacy, the relevance of the idea of justification, and the relationship between legal/doctrinal and philosophical theories of rights. The event was hosted by the Public Law Discussion Group at Oxford and chaired by Paolo Ronchi.
Hugh Collins elected to the Francqui Chair 2012-2013
Hugh Collins has been elected to the Francqui Chair 2012-2013. This prestigious chair is funded by the Francqui Foundation, which is named after Emile Francqui, a distinguished public servant in Belgium in the early twentieth century. During the first world war, Emile Francqui worked with the American government led by Herbert Hoover to bring food relief and other support to Belgium. After the war, Francqui led the task of reconstruction, during which he founded the National Science Foundation to revive universities and research. In 1932, Emile Francqui and Herbert Hoover together decided to set up a different foundation, which they entrusted with a large amount of money. The purpose of this foundation is "to further the development of higher education and scientific research in Belgium". It was Herbert Hoover who insisted that this foundation should bear the name of Emile Francqui in order to perpetuate the memory of someone who had done so much for his country and for science. The picture is of Hugh Collins giving his inaugural lecture in a series at the University of Leuven, dressed in the robes of the faculty. The title of the lecture was 'Why Europe Needs a Civil Code'.
Professor Kershaw and Professor Moorhead (UCL) write in the Times about “Where were the lawyers when Lehman crashed?”
Professor Kershaw and Professor Moorhead (UCL) write in the Times about “Where were the lawyers when Lehman crashed?”. The article is available on the Time website here and also available in PDF here.
David Kershaw and Edmund Schuster’s work on Shareholder Empowerment and Bank Bail outs reported in the Wall Street Journal
Work on Shareholder Empowerment and Bank Bailouts by the LSE’s Daniel Ferriera, David Kershaw, Tom Kirchmaier and Edmund Schuster was covered in the Wall Street Journal’s Heard on the Street on 22 December 2012. Having considered this paper the Wall Street Journal article concludes: “Since shareholders are the owners, one might conclude that it is their own business if they want to push a firm to take on risks that it is unable to tolerate. The problem with this view, especially when it comes to banks, is that when a firm gets into trouble a lot of people who aren't shareholders can get hurt. So the government steps in with a bailout, and taxpayers foot the bill. And of course if they believe there is a government backstop, investors may only encourage a bank to take on more risk. One can come up with many good reasons for shareholders exerting more influence on company boards. Hoping it would curb dangerous risk-taking may not be one of them.” The full article is available here and the paper Shareholder Empowerment and Bank Bailouts is available here.
Professor Black and Professor Kershaw appeared before the Parliamentary Committee on Banking Standards on 17 January 2013
Professor Black and Professor Kershaw appeared before the Parliamentary Committee on Banking Standards on 17 January 2013. Professor Black and Professor Kershaw’s written submission to the commission is available here and a webcast of the session can be viewed here.
Major conference on financial market regulation co-hosted by Professor Niamh Moloney of the Law and Financial Markets Project
On 29-30 November 2012, a two-day conference on New Legal Thinking in Financial Regulation, co-organized by Professor Niamh Moloney of the Law Department's Law and Financial Markets Project and Professor Eilís Ferran of the Centre for Corporate and Commercial Law Cambridge, was held at Cambridge University. The conference was financially supported by the Cambridge University JM Keynes Fellowship Fund, the Cambridge Endowment for Research in Finance, the LSE Law Department’s Law and Financial Markets Project and Herbert Smith Freehills LLP. The conference, which also celebrated the publication of The Regulatory Aftermath of the Global Financial Crisis (CUP, 2012) by Eilís Ferran, Niamh Moloney, Jennifer Hill and John Coffee, Jr., considered new and emerging issues in financial regulation.
A report on the conference can be found
Dr Kleinheisterkamp heard at the European Parliament on investment-states dispute
Dr Jan Kleinheisterkamp was invited to present his
comments on the implications of the Commission’s proposal for a new
regulation on financial responsibility resulting from investor-state
dispute settlement mechanisms in future investment agreements
concluded by the EU [COM(2012) 355 final] on the last meeting of the
European Parliament’s Committee on International Trade (INTA). The
proposal addresses issues of the allocation of responsibilities
between the EU and the Member States in case of claims by foreign
investors against them in international arbitration proceedings but
indirectly also raises questions regarding the grounds for liability
to foreign investors to which the EU would expose itself in future
EU investment agreements with third countries. The EU is currently
negotiating a free trade agreement with Canada that will, indeed, be
the first to contain an investment chapter and most likely include
investor-state arbitration. Dr Kleinheisterkamp already co-authored
the LSE study “The EU Approach to International Investment Policy
after the Lisbon Treaty” for the Parliament’s INTA Committee in 2010
and subsequently advised the shadow rapporteurs of INTA as a legal
expert in their first round of negotiations on the amendments to the
draft Regulation on transitional arrangements for bilateral
investment agreements between member states and third countries
[COM(2010) 344 final].
Dr Scott’s evidence on Defamation Bill ‘persuades’ Joint Committee on Human Rights
The Parliamentary Joint Committee on Human Rights
has recently published its report scrutinising the compliance of the
Defamation Bill that is currently passing through Parliament with
Convention rights. With Professor Alastair Mullis of the University
of East Anglia, Dr Andrew Scott submitted evidence to the Committee
on two points: the desirability of a new public interest defence for
publishers (clause 4), and the prospective illegality of any ‘single
publication rule’ (clause 8) and the preference for an alternative
defence of ‘non-culpable republication’.
In the first regard, the Committee concluded that it was ‘persuaded by the reasoning’ offered in the evidence submitted, and recommended the adoption of the new public interest defence discussed (paras 27-28). In the latter regard, the Committee emphasised concerns raised in the submitted evidence. It concluded by asking “the Government to reassure us that Clause 8, as drafted, will provide adequate protection for subsequent publication of defamatory material. If, however, the Government cannot persuade us that Clause 8 will function effectively so as to curb litigation for multiple publication, we would encourage the Government to explore an alternative defence of non-culpable republication”.
The evidence submitted by Dr Scott and Professor Mullis is available here: http://www.parliament.uk/business/committees/committees-a-z/joint-select/human-rights-committee/legislative-scrutiny-2012-13/defamation-bill/
The report of the Joint Committee is available here: http://www.publications.parliament.uk/pa/jt201213/jtselect/jtrights/84/8402.htm
A new book edited by Eduardo Baistrocchi and Ian Roxan:
Via a global analysis of more than 180 transfer pricing cases from 20 representative jurisdictions, Resolving Transfer Pricing Disputes explains how the law on transfer pricing operates in practice and examines how disputes between taxpayers and tax administrations are dealt with around the world. It has been designed to be an essential complement to the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, which focus on transfer pricing issues but do not refer to specific transfer pricing disputes. All of the transfer pricing cases discussed in the book are linked to the relevant paragraphs of the OECD Guidelines by means of a 'Golden Bridge', namely a table listing the cases according to the paragraphs of the Guidelines to which they refer. It therefore provides examples of the application of the Arm's Length Principle in many settings on all continents.
Salomon on World Poverty and International Law cited at Brussels Dialogue
The work of Dr Margot Salomon was extensively quoted in a keynote speech at The EU Fundamental Rights Agency and EU Committee of the Regions 4th Annual Dialogue in Brussels (24/09/12) by Nikolas Kyriakou, Cypriot presidency Chair of the Council Working Party on Fundamental Rights. Kyriakou noted that the current economic crisis is 'not incidental, nor a one-off event destined to be eventually somehow overcome. To the contrary, it is the very by-product of the economic model that our societies have endorsed. In the words of Margot Salomon, an academic at LSE: “[i]t is also the very design of the economic order, which contributes to the perpetuation of world poverty, or, at a minimum, has failed to relieve poverty”' Kyriakou cited both Dr Salomon's Global Responsibility for Human Rights: World Poverty and the Development of International Law (Oxford University Press, 2007) and ‘Poverty, Privilege and International Law: The Millennium Development Goals and the Guise of Humanitarianism’, Special Issue on Poverty as a Challenge to International Law, 51 German Yearbook of International Law (2008).
Anthea Roberts wins 2012
Philip Leverhulme Prize
Congratulations to Anthea Roberts who has been awarded a 2012 Philip Leverhulme Prize. These Prizes, with a value of £70,000 each, are awarded to outstanding scholars who have made a substantial and recognised contribution to their particular field of study, recognised at an international level, and where the expectation is that their greatest achievement is yet to come.
The Prize commemorate the contribution to the work of the Trust made by Philip Leverhulme, the Third Viscount Leverhulme and grandson of the Founder. Anthea will use the Prize to further her research on public international law and, in particular, investment treaty law and arbitration. For more information, see http://www.leverhulme.ac.uk/news/awards/plp.cfm
Anthea Roberts appointed as a Reporter for the Restatement (4th) of the Foreign Relations of the United States
Anthea Roberts has been appointed as a Reporter on Jurisdiction for the Restatement (4th) of the Foreign Relations of the United States under the auspices of the American Law Institute. The Restatement (3rd) has had a significant impact on shaping international law both inside and outside the United States but the ALI has decided that it needs to be revised and updated.
The two Coordinating Reporters for the project will be Professors Paul Stephan and Sarah Cleveland. Anthea Roberts will be a Co-Reporter on the section on Jurisdiction with Professors Paul Stephan and William Dodge. Anthea is one of the first non-American Reporters ever selected to join an ALI Restatement Project. In addition to her international law expertise, Anthea has been a Visiting Professor at Harvard Law School and Columbia Law School and worked for five years at the US law firm, Debevoise & Plimpton.
The Restatement (4th) project brings together a number of high profile international law academics and practitioners in the United States and elsewhere, including current and former Legal Advisers for the US State Department and UK Foreign and Commonwealth Office and the current US Judge on the International Court of Justice. For a full listing, see http://www.ali.org/index.cfm?fuseaction=projects.members&projectid=28.
NEW BOOK: The Cambridge Companion to Human Rights Law
Human rights are considered one of the big ideas of the early twenty-first century. This book presents in an authoritative and readable form the variety of platforms on which human rights law is practiced today, reflecting also on the dynamic inter-relationships that exist between these various levels. The collection has a critical edge. The chapters engage with how human rights law has developed in its various subfields, what (if anything) has been achieved and at what cost, in terms of expected or produced unexpected side-effects. The authors pass judgment about the consistency, efficacy and success of human rights law (set against the standards of the field itself or other external goals). Written by world-class academics, this Companion will be essential reading for students and scholars of human rights law.
Please click below to see more details for each vacancy:
NEW BOOK: The Regulatory Aftermath of the Global Financial Crisis
In The Regulatory Aftermath of the Global Financial Crisis (Cambridge University Press), Professor Niamh Moloney of the LSE's Law Department, Professor Eilis Ferran (University of Cambridge), Professor Jennifer Hill (University of Sydney) and Professor John C. Coffee (Columbia Law School) examine the regulatory response internationally to the financial crisis. The EU and the US responded to the global financial crisis by changing the rules for the functioning of financial services and markets and by establishing new oversight bodies. With the US Dodd–Frank Act and numerous EU regulations and directives now in place, this book provides a timely and thoughtful explanation of the key elements of the new regimes in both regions, of the political processes which shaped their content and of their practical impact. Insights from areas such as economics, political science and financial history elucidate the significance of the reforms. Australia's resilience during the financial crisis, which contrasted sharply with the severe problems that were experienced in the EU and the US, is also examined. The comparison between the performances of these major economies in a period of such extreme stress tells us much about the complex regulatory and economic ecosystems of which financial markets are a part.
Delivering Women Peace & Security
Christine Chinkin delivered the keynote address at an All-Ireland Conference on 'Delivering Women Peace & Security' (5 November); a presentation on the same topic to the Inter-Parliamentary Union Conference on Gender and Politics (7 November); and another on Challenging a Culture of Impunity at a Wilton Park Conference on Preventing Sexual Violence in Conflict and Post-Conflict Situations (12 – 14 November). She has been asked by the Foreign Secretary, William Hague to join the external steering board for his personal initiative on Preventing Sexual Violence in Conflict.
Prof Murray on photo sharing
Professor Andrew Murray was quoted extensively by the Metro newspaper yesterday in an article on photo sharing via social media and the law.
Congratulations to two LSE100 prize-winners on the LLB Programme: Jessica Hui -Winner of the Sir Robert Worcester Prizes for exceptional academic performance (awarded for best overall mark on LSE100), and Hannah Kam – awarded an LSE100 prize for outstanding academic achievement.
Dr. Gangjee addresses WTO delegates on Geographical Indications
Dr Dev Gangjee was invited as an expert by the
European Commission, to make a presentation at the WTO in Geneva on
November 7. He presented research on the role of Geographical
Indications (GIs) in rural and regional development initiatives to
the ambassadors of the W52 coalition of over one hundred WTO
members. This coalition is in favour of extending the scope of
international protection for GIs, which include regional
designations such as Darjeeling, Café de Colombia or Bordeaux. The
roundtable discussions formed part of the broader Doha Development
Agenda negotiations at the WTO.
Humphreys keynote at Rafto prize ceremony in Norway
Dr Humphreys was a keynote speaker at the Rafto
human rights prize award ceremony in Bergen, Norway, on November 3.
The prize was awarded to Nigerian poet and environmental activist
Nnimmo Bassey. Humphreys also participated in a televised debate
together with the Norwegian Minister for International Development
Heikki Eidsvoll Holmås, Nnimmo Bassey, and Statoil Senior Vice
President Hege Marie Norheim.
The Bergen-based Rafto Foundation has awarded the Rafto Prize for Human Rights annually since 1987. The prize commemorates Thorolf Rafto, professor of economic history at the Norwegian School of Economics in Bergen. A number of Rafto laureates have subsequently been awarded the Nobel prize, including Aung San Suu Kyi, the 1990 awardee.
NEW BOOK: Elements of Legislation
In Elements of Legislation, Professor Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles of statutory interpretation.
Dr Braithwaite appointed Academic Fellow of the Inner Temple
Congratulations to Dr Jo Braithwaite who has been appointed an Academic Fellow of the Honourable Society of the Inner Temple. The Inner Temple Academic Fellows Scheme aims to recognise the outstanding contribution of legal teaching and research of early to mid-career academics. It also aims to support their research and to build a stronger relationship between the Bar and legal academia.
NEW BOOK: The Global Model of Constitutional Rights
Dr Kai Moller's new book The Global Model of Constitutional Rights is published by Oxford University Press.
Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights.
Drawing on analyses of a broad range of cases from the UK, the European Court of Human Rights, Germany, Canada, the US, and South Africa, this book provides the first substantive moral, reconstructive theory of the global model. It shows that it is based on a coherent conception of constitutional rights which connects to attractive accounts of judicial review, democracy and the separation of powers.
The first part of the book develops a theory of the scope of rights under the global model. It defends the idea of a general right to personal autonomy: a right to everything which, according to the agent's self-conception, is in his or her interest. The function of this right is to acknowledge that every act by a public authority which places a burden on a person's autonomy requires justification. The second part of the book proposes a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality.
Professor Black appointed to SRA Board
Professor Julia Black has been appointed to the Board of the Solicitors Regulatory Authority, and will take up the position in January 2014. The Solicitors Regulation Authority is the independent regulator of solicitors, the firms in which they operate and all those working within those firms. It regulates in the public interest. Its work is overseen by the SRA Board, which is made up of 17 members, of which nine are solicitors (including the Chair) and eight are lay members.
Please click below to see more details for each vacancy:
New Papers in the Working Paper Series
We are delighted to announce the second issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2012.
In this issue, Michael Wilkinson (WP6/2012) critiques John Dewey and his contemporary admirers for neglecting the politics of democratic experimentalism; Hugh Collins (WP7/2012) examines the application of fundamental human rights to private law; Jan Komárek (WP8/2012) discusses approaches to reasoning with previous decisions in continental European and common law traditions; Alastair Mullis and Andrew Scott (WP9/2012) consider the use of libel law in disputes involving religious differences; Susan Marks (WP10/2012) critically explores the intellectual framework of human rights, using the riots in London in August 2011 as an example; Philipp Paech (WP11/2012) investigates the holding of intermediated securities; Christian Helmers and Luke McDonagh (WP12/2012) present an overview of the characteristics of patent litigation in the UK; Christian Helmers and Luke McDonagh (WP13/2012) in a second paper investigate litigation undertaken by Patent Assertion Entities, also known as ‘patent trolls’; Dan Awrey, William Blair, and David Kershaw WP14/2012) explore whether there is a role for culture and ethics in financial regulation; and Julia Black (WP15/2012) highlights the difficulties of accountability of regulatory agencies.
Dr Murkens' evidence to Commons Foreign Affairs Select Committee
Dr Jo Murkens gave evidence today at the House of Commons Foreign Affairs Select Committee’s inquiry into the foreign policy implications of and for a separate Scotland. The committee considered the law on state succession, Scotland and the UK’s relations with the EU and the UN and the UK’s likely international reputation and standing in the event of Scottish independence.
15 October 2012
Marusa Vasconcelos Freire awarded Creative Economy Prize
Congratulations to Marusa Vasconcelos Freire, whose
doctoral thesis “Moedas Sociais: Contributo em Prol de um Marco
Legal e Regulatório para as Moedas Sociais Circulantes Locais no
Brasil“ [Social Currencies: Contributions to the Definition of a
Legal and Regulatory Framework of Local Social Currencies in Brazil]
was recently awarded the Creative Economy Prize by the Ministry of
Culture of Brazil. The work was one of the 19 texts distinguished
with the ‘Creative Economy Prize’ of 2012. Academically, the thesis
of Marusa Freire was approved by the Graduate Program of the Faculty
of Law of the Universidade de Brasília in 2011.
The work by Marusa Freire, who was formerly head of the Legal Office of the Central Bank of Brazil, benefitted from, and incorporated, discussions conducted by the Law, Economy and Society Group (LESG) of the Faculty of Law of the Universidade de Brasília. The LESG is coordinated by professor Marcus Faro de Castro since 2007.
One of the distinguishing contributions of Freire’s work is that it develops a legal and interdisciplinary treatment of money as a “complex social institution” which is and must be legally regulated in order to promote equitable and sustainable development. This was recognized by the Ministry of Culture, who awarded the prize to works which have significantly “enlarged the discussion of an issue that is of strategic importance in the promotion of sustainable development in Brazil”.
NEW BOOK: Hobbes and the Law
Hobbes's political thought provokes a perennial fascination. It has become particularly prominent in recent years, with the surge of scholarly interest evidenced by a number of monographs in political theory and philosophy. At the same time, there has been a turn in legal scholarship towards political theory in a way that engages recognisably Hobbesian themes, for example the relationship between security and liberty. However, there is surprisingly little engagement with Hobbes's views on legal theory in general and on certain legal topics, despite the fact that Hobbes devoted whole works to legal inquiry and gave law a prominent role in his works focused on politics. This volume, edited by Thomas Poole, David Dyzenhaus, seeks to remedy this gap by providing the first collection of specially commissioned essays devoted to Hobbes and the law.
NEW BOOK: Labour Law
Building on their successful cases and materials book, Hugh Collins, Keith Ewing and Aileen McColgan present an entirely restructured and freshly written new textbook on employment law. Comprehensive and engaging, it combines detailed analysis and commentary on the law with short contextual extracts to fully equip the labour law student. Carefully balancing clear exposition of legal principles with critical and scholarly analysis, this is the definitive textbook on the subject written by the UK's foremost employment law scholars. The book's 20-part structure maps logically onto either a full or half module employment law course. Chapter introductions and conclusions and an uncluttered text design carefully guide the student through the material. Innovative case studies show the law 'in action' and discussion of the globalised workplace gives the work a contemporary feel. Put simply, this is required reading for all students of the subject.
27 September 2012
Giuliano Castellano on supervising European financial markets
Earlier this month, the European Commission proposed that the European Central Bank be entrusted with supervisory powers over the eurozone’s banks. Giuliano G. Castellano writing in European Politics and Policy (LSE Public Policy Group) argues that this move reaffirms the necessity to establish an EU-wide, or supranational, supervisory structure over European financial markets (and not only the banking sector) that is detached from the national interests of member states.
18 September 2012
Dr McDonagh at British Literary and Artistic Copyright Assocation
Dr. Luke McDonagh presented a seminar to the British Literary and Artistic Copyright Association on 13 September, in which he addressed the issue of joint authorship and music. He argued that in light of recent copyright cases, where there is a group in which one person composes the music, but all group members perform during the recording of the final released version, the musicians who perform during the recording of the song are entitled to a joint authorship share in the musical arrangement which results. He stated that although the music industry has rarely recognised this, and composers tend to receive the most royalties, the position under the law is quite clear.
Dr Rowan and Dr Rundle Win Birks Book Prize 2012
Lady Hale, Dr Rowan, Dr Rundle, Prof Stanton
Congratulations to Dr Kristen Rundle and Dr Solène Rowan, who have won the prestigious Birks Book Prize 2012, awarded annually for two outstanding published books by legal scholars in their early careers.
1st Prize: Dr Rowan's Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance (OUP : 2012).
2nd Prize: Dr Rundle's Forms Liberate (Hart Publishing : 2012)
Prof Gearty receives honorary doctorate from Brunel University and elected Master of the Bench of Middle Temple
Professor Conor Gearty has recently been awarded the honorary degree of Doctor of Laws by Brunel University, and elected to be one of the Masters of the Bench at Middle Temple.
Professor Gearty was born in Abbeylara, Ireland, and graduated in law from University College Dublin before moving to Wolfson College, Cambridge in 1980 to study for a Master’s degree and then a PhD. He became a fellow of Emmanuel College Cambridge in 1983 and moved to King’s College London’s School of Law at in 1990, where he was first a Senior Lecturer, then a Reader and finally, from 1995, a Professor. He was Director of the Centre for the Study of Human Rights from 2002 to 2009 and is now Professor of Human Rights Law in LSE’s Law Department. He has published widely on terrorism, civil liberties and human rights.
Professor Fisher QC on Proceeds of Crime Act
Visiting Professor Jonathan Fisher QC recently
discussed problems with the Proceeds of Crime Act 2002 in the
Times (23/08/12), analysing the reasons for why only 40% of
confiscated assets are recovered.
Professor Fisher has also been invited to deliver a Distinguished Professorial Address on 14 March 2013 by the University of the West of England, where he will address the highly topical subject, “Policing the Financial Markets”.
Professor Fisher QC on prosecution of financial crime
Visiting Professor Jonathan Fisher QC writes in the Daily Telegraph that unless the Government changes its approach to how companies are held criminally liable, "deferred prosecution agreements" will have a limited impact.
Jonathan Fisher QC has also recently been appointed a special adviser by the House of Commons Treasury Committee to assist the Committee in its investigation into the issues relating to the penalties levied against Barclays Bank by authorities in the UK and the US following an investigation into submission of various interbank (LIBOR and EURIBOR) offered rates.
The Treasury Committee operates as a Select Committee appointed by the House of Commons to examine the expenditure, administration and policy of HM Treasury, HM Revenue & Customs, and associated public bodies, including the Bank of England and the Financial Services Authority.
Before his appointment, Jonathan was interviewed by BBC News and Sky News about the Barclays / LIBOR issues on the 28th June 2012 after the FSA published its Final Notice recording that a financial penalty of £59.5 million had been levied on Barclays Bank in accordance with section 206 of the Financial Services and Markets Act 2000.
Jonathan teaches Corporate and Financial Crime and
International Economic Sanctions on the LLM programme. In addition,
he practises in cases involving corporate and financial crime
(fraud, financial services regulation, and economic sanctions),
proceeds of crime (money laundering, confiscation, and civil
recovery) and tax disputes (avoidance, evasion, investigations). The
forthcoming UK Chambers and Partners Bar Guide 2013 names Jonathan
as a leading barrister in three fields - Fraud (Criminal); Proceeds
of Crime; Tax".
NEW BOOK: Practice and Theory in Comparative Law
Practice and Theory in Comparative Law, edited by Jacco Bomhoff and Maurice Adams, has just been published by Cambridge University Press. What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.
Professor Moloney at House of Lords Committee
Professor Niamh Moloney recently gave evidence to the House of Lords European Union Committee (Sub Committee on Economic and Financial Affairs). Her evidence related to the Committee’s review of the EU Commission’s proposed reforms to the Markets in Financial Instruments Directive (the MiFID II reforms). Her evidence on the reform of this cornerstone EU measure was cited in the Committee’s Report which was published on July 10. The Report is available at: http://www.publications.parliament.uk/pa/ld201213/ldselect/ldeucom/28/28.pdf
Legal Biography Project Studentship:
New Research Grant: The Changing face of Local Justice; examining the shift to centralised justice
The Arts and Humanities Research Council have recently awarded a three year grant to fund a unique new collaborative project between LSE’s Legal Biography Project and National Life Stories (the oral history fieldwork charity based at the British Library) which will focus on the lives of Crown Court clerks. The funding comes in the form of a three year studentship and we are now looking for a suitable candidate domiciled in the UK or EU with an interest in legal life histories. The successful applicant will register for a PhD while working on this project which provides an exciting opportunity for an early career scholar to benefit from support and training from LSE and National Life Stories.
New Lecture Series : Causes and Things
Dr Luke McDonagh (Law) unpicks the story of how a famous pop melody ended in legal disharmony , as part of LSE's inaugural 'Causes and Things' lecture.
NEW BOOK: Policing: Politics, Culture and Control
Edited by Professor Tim Newburn and Professor Jill Peay, bringing together a range of leading social scientists and criminologists, this volume explores a number of key themes raised by the work of Robert Reiner (Emeritus Professor of Criminology, LSE). Arguably the leading policing scholar of his generation, Reiner's work over some 40 years has ranged broadly in this field, taking in the study of police history, culture, organisation, elites and relationships with the media. Always carefully situated within an analysis of the changing socio-political circumstances of policing and crime control, Robert Reiner's scholarship has been path-breaking in its impact.
The 13 original essays in this volume are testament to Reiner's influence. Although reflecting the primarily British bent within his work, the essays also draw on contributors from Australia, Europe, South Africa and the United States to explore some of the leading debates of the moment. These include, but are not limited to, the impact of neo-liberalism on crime control and the challenges for modern social democracy; police culture, equality and political economy; new media and the future of policing; youth, policing and democracy, and the challenges and possibilities posed by globalisation in the fields of policing and security.
Freedom comes with law, Aung San Suu Kyi tells world during LSE visit
Burmese democracy campaigner Aung San Suu Kyi told an LSE audience
that fairness and freedom can only be restored to her country under
the rule of law.
Speaking on her first visit to the UK for 24 years, the Nobel Peace Prize winner said that unity in Burma and a new constitution could only be achieved within a legal framework. “This is what we all need - unless we see that justice is to be done, we cannot proceed to genuine democracy”, she told an audience of students, staff and visitors.
She said that she condemned violence wherever it occurred, but that a full understanding of its causes was key: “Resolving conflict is not about condemnation, it’s about finding the roots, the causes of that conflict and how they can be resolved in the best way possible.”
The leader of the National League of Democracy in Burma took part in a panel discussion with LSE professors Mary Kaldor (Department of International Development) and Christine Chinkin (Department of Law), Burmese activist and visiting fellow Dr Maung Zarni, Oxford professor Nicola Lacey and barrister Sir Geoffrey Nice QC.
Launch of Regulatory Reform Forum
The LSE Law and Financial Markets Project and Herbert Smith are launching the Regulatory Reform Forum to bring together regulated institutions, policy makers, regulators, lawyers, trade bodies and academics. The objective will be to periodically review the progress of the reforms and to debate key issues arising from the design, implementation, and post-implementation, of the new regulatory structure. The group will meet on a periodic basis, and discussions are subject to Chatham House rules. If you would be interested in being a member of the Forum please contact Prof Julia Black: email@example.com
New Papers in the Working Paper Series
We are delighted to announce the first issue of the LSE Law Department's Law, Society and Economy Working Paper Series for 2012.
In this issue, Michael Zander (WP1/2012 ) traces the 25-year history of The Police and Criminal Evidence Act 1984; Jill Peay (WP2/2012) examines some of the core competencies that should underpin a test of unfitness to plead; Ian Roxan (WP3/2012 discusses how we should look at international tax policy in the face of the realities of globalisation; Roderick A. Macdonald (WP4/2012) asks whether the study of law will reclaim the central role that it played in the University a millennium ago and Robert Baldwin (WP5/2012) considers how the New Scholarship has emerged as an influential style of scholarly writing.
Dr Scott's research on libel cited by High Court
Research into the past and possible future influence of Convention rights on English libel law undertaken by Professor Alastair Mullis (UEA) and Dr Andrew Scott was recently cited by Mr Justice Eady in Hunt v Times Newspapers Ltd  EWHC 1220 (QB). The work was published as 'The Swing of the Pendulum: Reputation, Expression and the Recentering of English Libel Law' (2012) NILQ, 63(1), 27-58.
Elsewhere, Belfast-based investigative journalism
unit, The Detail, has published a interview between Dr Scott and
international media lawyer Paul Tweed. The interview ranged across
such matters as the importance of reputation, privacy law, mediation
and arbitration of publication disputes, injunctions and
super-injunctions and the future prospects for media regulation.
A link to the judgment: http://www.bailii.org
A link to the interview:
Freedom of expression and the internet
Professor Andrew Murray has recently been in the media discussing privacy, freedom of expression and the internet. He is quoted in this BBC News Magazine article on children and internet pornography: http://www.bbc.co.uk/news/magazine-17826515 and a video featuring his contribution to a public debate on the Freedom of Expression and the Anti-Counterfeiting Trade Agreement can be found here: http://freespeechdebate.com/en/media/acta-the-internet-freedom-of-expression-privacy/.
New Executive LLM Programme
The Law Department are delighted to announce that in the autumn of 2013 we will offer a new LLM programme, the Executive LLM. Students on the programme will study for the LLM by taking a set of intensive modules over a period of three to four years.
The Executive LLM is one of the most innovative and intellectually exciting of LLM programmes offered in Europe today. It makes available the highest quality post-graduate education, taught by many of the leading academics in the UK, to individuals in full time employment who are not in a position to take a year-long break from work. The programme is open to applicants who have had at least three years post-degree work experience in law. The programme offers modules in a broad range of fields including arbitration, human rights and international law, and corporate, commercial and financial law.
Applications for the programme will open In October 2012. Further information (and our E-Brochure) can be accessed at: http://www.lse.ac.uk/collections/law/programmes/ellm/welcome.htm
Professor Murray elected Fellow of Royal Society of Arts
Professor Andrew Murray has been elected a Fellow of the Royal Society of Arts (FRSA). Fellows of the Royal Society of Arts are achievers and influencers who come from an extraordinary range of backgrounds and are committed to civic innovation and social progress. The RSA has been a cradle of enlightenment thinking and a force for social progress for over 250 years. Professor Murray said: “I believe RSA Fellowship will give me a unique opportunity to come into contact with like-minded people, allowing me better to pursue my own professional and research goals with stimulation and support. I would also like to have the chance to contribute in a particular way to the aims of the RSA by sharing my own ideas and skills in order to bring about positive mutual advantages. I would aim to engage with the RSA and other Fellows by forming new professional relationships with Fellows interested in creativity, copyright, reward and regulation, and to pursue new initiatives for the benefit of the Fellowship as a whole and the wider community."
11 May 2012
The Moot Court Room
LSE Student News has been featuring students' comments on some of the specialised learning facilities that can be found around the School. This week was the turn of the Law Department's own Moot Court Room:
Undergraduate law student Liza Smirnova (pictured) explains why she finds the LSE’s Moot Court such a useful learning resource.
Being a law student, the Moot Court featured in my course from the very beginning. I started by participating in class moots but I was soon taken by the activity and went on to represent the School in external mooting competitions. On two occasions, the finals were held in LSE’s Moot Court and I know that, as hosts, we were extremely proud to have this facility. It provides the perfect environment for the ultimate legal activity.
The Moot Court allows students to experience what it is like to be advocates, stand up in front of a panel of judges and argue a case. There is no question that mooting could take place in any classroom, however having a designated Moot Court adds an enormous amount to one’s overall experience. And the brilliant thing about it is that anyone can make use of it.
I’m graduating this summer, but I have no doubt that the Moot Court will continue to be hugely appreciated by LSE students.
If you would like more information about the Moot Court, contact Bradley Barlow on 0207 955 7687 or email firstname.lastname@example.org.
Success of the LSE Vis Arbitration Team
LSE has, once again, been very successful in the Willem C. Vis International Commercial Arbitration Moot. A record total of 280 teams from 67 countries competed in the nineteenth year of the competition. The LSE team entered the final rounds of the competition, after having been ranked 29th following the four preliminary rounds. It won a coveted Honourable Mention for both their claimant and respondent memoranda and team member Sonja Pavic received an Honourable Mention for her excellent pleadings. The Team was coached by the Vis Moot veterans Ugljesa Grusic (LSE PhD candidate), Aashni Dalal (LSE LLB 2010) and Manuel Penadés (LSE LLM 2009). The Law Department congratulates the Vis Team for its excellent performance!
10 May 2012
Helen Reece on Sky News
Helen Reece appeared on Sky news this morning,
explaining the difference between civil partnership and marriage, in
the light of US President Barack Obama's comments.
NEW BOOK: Forms liberate: Reclaiming the jurisprudence of Lon L. Fuller
Kristen Rundle's new book on the jurisprudence of Lon L. Fuller has just been published by Hart Publishing. Lon L. Fuller’s account of what he termed ‘the internal morality of law’ is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In Forms Liberate: Reclaiming the Jurisprudence of Lon L. Fuller, Kristen Rundle offers a close textual analysis of Fuller’s published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, Forms Liberate demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.
NEW BOOK: The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law
In his new book, The Insecurity State (OUP, 2012), Peter Ramsay argues that much of the criminal legislation of recent decades seeks to protect a right to security. Security interests have been protected not only with new terrorism offences but also with new offences in anti-social behaviour, electronic media, child care, fraud and financial transactions. Through a detailed analysis of the law and policy of the notorious anti-social behavior order, the source of these new laws is traced to the political theories that have informed the policies of all mainstream political parties since the 1980s. These theories regard the autonomy of the law's normal subjects as vulnerable to others’ indifference and hostility. The resulting right to security serves as a substitute for defunct traditional sources of moral order and is implicitly recognised as a fundamental right by the ECHR. Finally, he argues that protecting a right to security by founding the criminal law's claim to legitimacy on the vulnerability of its normal subjects to fear is evidence of the British state's loss of sovereign authority.
Jaqueline Suter Prize for the Best Doctoral Thesis in European Law
Congratulations to Dr Sacha Garben, LSE Fellow, whose PhD thesis 'The Bologna Process and Harmonization by Stealth' has won the Jaqueline Suter Prize for the Best Doctoral Thesis in European Law 2009-2011, awarded by the European University Institute and sponsored by the European Court of Justice. She will receive the award on 15th June at the European University Institute.
Workshop on Europe and Higher Education
LSE hosted a workshop on 'Europe's Crisis, Higher Education's Chance: Reframing the Integration Issue in the Europe of Knowledge' on Friday 23 March, organised by Dr Anne Corbett (European Institute) and Dr Sacha Garben (Law). The event included former education minister Baroness Blackstone talking about her role in the Bologna Declaration and was featured in the Times Higher Education Supplement.
Joint Committee cites evidence submitted by Dr Scott
Evidence submitted by Dr Andrew Scott has been cited by the Parliamentary Joint Committee on Privacy and Injunctions in its final report. The evidence concerned the definition of the public interest, the prevalence of injunctions, and the question of whether prior notification should be given by publishers to the subjects of their stories.
Professor Gearty named in Top 100 Lawyers
Professor Conor Gearty (pictured), professor of human rights law in LSE’s Department of Law, has been named as one of the most influential 100 lawyers in society, in a list compiled by The Times. The list was put together by a team of 12 judges whose expertise spanned politics, the judiciary, academia, the media and, of course, the law. Lawyers who had worked on ground-breaking cases or were considered influential beyond their area of practice were more likely to win a place in the top 100, rather than lawyers who, while outstanding in their field, were simply doing their job. Professor Gearty said: 'It is clear they are not hacking my phone or they would know how wrong they are.'
For more information, visit
[nb. Times paywall]
Professor Chinkin discusses gender and human rights in Argentina
Professor Christine Chinkin recently visited Buenos Aires as Guest of the Public Defenders’ Office, Buenos Aires and the British Embassy, Argentina to assist in a project on Strategic Litigation against Violence against Women. While there she gave lectures at the University of Buenos Aires Law School on ‘Gender and Human Rights’; to a Public Defenders’ workshop on ‘Access to Justice, Gender and Women’s Human Rights’; and to the Police Institute, Buenos Aires on ‘Policing and Women’s Human Rights’. She also gave two talks at the British Embassy in Buenos Aires on ‘Gender Stereotypes and Human Rights’.
Graduate student Nicolas Lamp wins ASIL Lieber Prize
Congratulations for graduate student Nicolas Lamp, who has won the 2012 Lieber Prize. The Francis Lieber Prize is awarded annually by the American Society of International Law's Lieber Society on the Law of Armed Conflict to the authors of publications which the judges consider to be outstanding in the field of law and armed conflict. Nicholas is current writing his thesis 'International Trade Lawmaking in the WTO' .For more about the prize, click here.
Dr Beyani addresses UN Human Rights Council
In his capacity as UN Special Rapporteur on the Human Rights of Internally Displaced Persons, Dr Chaloka Beyani addressed the United Nations Human Rights Council on Wednesday 7 March on the issue of internally displaced persons living outside camps.
Professor Jackson on right-to-die case
Professor Emily Jackson is quoted in the New Zealand Herald on the Tony Nicklinson High Court case, which will consider his request that a doctor be allowed to give him a lethal injection.
LSE wins the UK Jessup Mooting Cup
An LSE mooting team has won the 2012 UK Jessup Cup. The team, consisting of Mashal Kadri (LLB), Soham Panchamiya (LLB), Rebecca Russell-Carroll (LLM), Zachariah Sammour (LLB) and Yik Boh Ting (LLB), defeated Oxford’s team in finals that were presided over by the former FCO Legal Adviser, Sir Michael Wood. The competition addresses a fictional dispute before the International Court of Justice, raising several contentious issues of public international law, such as recognition of governments, use of force and responsibility of international organisations, destruction of cultural property during armed conflict and whether sovereign immunity should be upheld in face of serious violations of human rights.
The Phillip C. Jessup International Law Moot Court Competition is the world's largest moot, with more than 500 law schools from 80 countries participating each year. The UK national competition took place on the 16-19 February at The Honourable Society of Gray's Inn in London. After four preliminary and three elimination rounds, the LSE team ranked first amongst the 17 UK universities participating this year. It is the first time that LSE has won the UK competition since 2005, and only the third time since the UK rounds were first held in 1973. The team will now travel to Washington, D.C. to participate in the White & Case International Rounds taking place on 25-31 March. The United Kingdom will also be represented by teams from Oxford (runners-up) and King's College London (3rd place).
Visiting Professor Christopher Brummer
We are very pleased to welcome Professor Christopher Brummer of Georgetown University. He will be a Visiting Professor in the Department from 4–16 March, and will be taking part in the following events which will be co-hosted by Julia Black, David Kershaw and Niamh Moloney. Professor Brummer will be based in NAB6.12.
Wednesday 7th March, NAB 1.07; (8th Floor Reception follows).
Joint Law and Financial Markets Project and LLM Seminar Series Event:
‘The Architecture of International Financial Law’
Commentator: Julia Black; Chair: David Kershaw
Wednesday 15 March, 4-6pm; Con 1.04.
Seminar: ‘The Interaction of US and EU Financial Regulatory Regimes’ as part of European Monetary and Financial Services Law;
Chair: Niamh Moloney
Professor Moloney appointed to Financial Services Authority Consumer Panel
Professor Niamh Moloney has been appointed to the Financial Services Authority's advisory Consumer Panel. The Consumer Panel is a statutory body set up under the Financial Services and Markets Act which advises the FSA on the interests and concerns of consumers and reports on the FSA's performance in meeting its objectives. The accompanying Press Release is at http://www.fs-cp.org.uk/newsroom/2012/199.shtml. The Panel will advise the new Financial Conduct Authority following the planned reorganization of the FSA in 2013
Dr Beyani and Dr Humphreys speak at the UN
Stephen Humphreys and Chaloka Beyani both spoke at the UN headquarters in Geneva on Thursday, February 23, as part of a seminar on the impact of climate change on human rights. The seminar was held in pursuance of UN Human Rights Council Resolution 18/22 of October 17, 2011. Details of the seminar and the wider process are available here.
Visiting Professor Klaus Günther
We are very pleased to welcome Professor Klaus Günther, of the Goethe-Universität. He will be a Visiting Professor in the department from 3rd – 18th March, and will be taking part in the following events which will be co-hosted by Anne Barron and Peter Ramsay.
'Where is the Third in Legal Pluralism?'
Legal and Political Theory Forum,
Wednesday March 7, 2012, 17.30-19.30, Moot Court Room.
'Justifying Criminal Law by a "Responsibility to Protect"?'
LLM Specialist Seminar (Criminology and Criminal Justice series),
Tuesday, March 13, 18.00-19.30, Room 3.04, Clement House.
NEW BOOK: Relocating the Law of Geographical Indications
Gangjee's new book Relocating the Law of Geographical Indications
is published by Cambridge University Press.
There is considerable variation in the nature, scope and
institutional forms of legal protection for valuable geographical
brands such as Champagne, Colombian coffee and Darjeeling tea. While
regional products are increasingly important for producers,
consumers and policy makers, the international legal regime under
the TRIPs Agreement remains unclear.
Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses longstanding puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks.
Professor Murray on Pinterest.com and copyright infringement
Professor Andrew Murray is quoted in the Metro newspaper, which looks at the rise of the image-sharing site pinterest.com, discussing the copyright concerns of sharing content which users do not own.
Professor Fisher QC suggests criminal offence for irresponsible banking
In an article published in today's Times, Professor Jonathan Fisher QC argues for amending the law to introduce criminal liability for bankers who take 'unconscionable risks with other people's money'.
Professor Jackson on sex selection abortion
Professor Emily Jackson is quoted in today's Daily Telegraph article on the legal background to the newspaper's investigation on the termination of pregnancies on the grounds of gender.
Visiting Professor Pasquale Pasquino
We are very pleased to welcome Professor Pasquale Pasquino, Global Distinguished Professor of Law and Politics at NYU and Director of Research at the Centre National de la Recherche Scientifique (Paris), who will a Visiting Professor in the department until 4 March. Prof Pasquino’s research ranges widely over the fields of political theory, the history of political thought, comparative constitutional law and deliberative democracy. During his visit to the Department, he will be staying in NAB 6.12. He is keen to meet members of staff and research students, so please feel free to drop in to meet him.
As well as engaging with doctoral and LLM students, Professor Pasquino will be taking part in the following events:
Tuesday 28 February @ 5-7pm (Moot Court Room) – LSE Legal & Political Theory Forum: Seminar on the rule of law (more details to follow)
Thursday 1 March @ 6.30-8pm (New Theatre) – Department of Law Public Lecture: ‘Why Germany is the Real Heir to the Old English Constitution’
Visiting Professor Roderick Macdonald
The department is very pleased to welcome Visiting Professor Roderick Macdonald of McGill University.
On Tuesday 7 February, 18.30-20.00, he will be giving a lecture entitled ‘Does Law Have a Place in the Modern University?’ in the New Theatre, East Building.
On Monday 13 February, 17.00-18.30, he will be giving a seminar entitled ‘Commissions of Inquiry as Public Policy’ in the Moot Court Room, to which staff and students are invited. Rod will be drawing on his experience with a number of Canadian and Quebec commissions of inquiry, including his present role as one of three commissioners investigating corruption within the Quebec construction industry.
Prof Klug on David Cameron and human rights
Professorial Research Fellow Francesca Klug comments in the Guardian on Prime Minister David Cameron's call to change the European Court of Human Rights.
Martti Koskenniemi – Visiting Professor
Professor Martti Koskenniemi, Professor of International Law and Director of the Erik Castrén Institute at the University of Helsinki, will be a Visiting Professor in the Law Department from 23rd January – 5th February, and will be giving the following lectures/seminars:
Friday 27 January 2012 | 6.30pm – 8pm | Venue: NAB1.04 (New Academic Building)
INTERNATIONAL HUMANITARIAN LAW PROJECT
Chair: Professor Susan Marks (LSE Law Department)
Thursday 2 February 2012 | 1-2 pm | Venue: NAB 2.06
Public International Law Graduate Seminar:
Martti Koskenniemi in conversation with Susan Marks
In addition, on Friday 3 February at 6.30 pm SOAS will be hosting a discussion by Professor Koskenniemi and Jacques Vergès on the theme of ‘International Justice: Between Impunity and Show Trials’. This is a ticketed event; those wishing to register should visit www.soas.ac.uk/international-justice.
Further details about Professor Koskenniemi may be obtained here www.helsinki.fi/eci/Staff/Koskenniemi.html
LSE researchers to advise European Commission on Company Law
Three members of LSE's Law Department, Dr Carsten Gerner-Beurle, Dr Philipp Paech and Edmund-Philipp Schuster have recently been awarded a contract to report to the European Commission on issues regarding directors' duties and liabilities.
The comparative study will analyse the current state of the law applicable to directors' duties and liabilities in all 27 EU member states. It will be used by the Commission as a basis to decide on possible future harmonisation in this area of law.
Prof Moloney made Trustee of Academy of European Law
Professor Niamh Moloney has been appointed to the Board of Trustees of the Academy of European Law (ERA). ERA, which is based in Brussels and Trier, is a non-profit public foundation which was established on the initiative of the European Parliament and is supported by the EU and its Member States, and provides training in European law to judges, lawyers, and other legal practitioners.
Prof Black and Prof Moloney cited by Financial Services Bill Select Committee
Professors Julia Black and Niamh Moloney were both cited in the December 2011 Report by the UK Parliament’s Joint Select Committee on the Draft Financial Services Bill. The Committee’s Report examines and suggests revisions to the Financial Services Bill which is currently going through Parliament. The Bill proposes a new institutional structure for the regulation and supervision of the UK financial market in response to the financial crisis.
Dr Murkens on Scottish devolution debate
Dr Jo Murkens is quoted in today's Daily Mail on Scottish devolution and the euro. Dr Murkens comments: 'Continued membership would only be possible with the approval of all 27 member states ... An independent Scotland would have to join the EU as a new accession state, which could take years ... All the new member states are legally obliged to adopt the euro at some future point'.
Professor Murray gives expert evidence in new privacy law case
Professor Andrew Murray gave expert evidence to the Technology and Construction Court in the recent case of AMP v Persons Unknown  EWHC 3454 (TCC). The case is take a groundbreaking approach to protecting the privacy of individuals online by awarding an order under the Protection of Harassment Act 1997 to prevent the further sharing of intimate photographs of the applicant via the BitTorrent system. Professor Murray worked closely with counsel for the applicant Matthew Richardson in the application, with Professor Murray providing the court with vital information on the functioning of the BitTorrent system.
The decision may be accessed at -
commentary on the decision is on
Professor Murray’s blog.
Prof Chinkin becomes member of the Council of the Human Rights Institute of the IBA
Christine Chinkin has been invited to become a member of the Council of the Human Rights Institute, of the International Bar Association. She is participating in a fact finding mission of the International Bar Association’s Human Rights Institute to assess the state of the rule of law, with a specific focus on the independence of the judiciary and the legal profession, in Malawi.
NEW BOOK: European Communications Law and Technological Convergence.
This book presents a critical examination of the European regulatory reaction to technological convergence, tracing the explicit and implicit mechanisms through which emerging concerns are incorporated into regulation. It seeks to identify the patterns that underlie these responses to determine the extent to which the issues at stake, and the implications of intervention, are fully understood and considered by authorities. The focus of the analysis is placed on ‘conflict points’ – areas of overlap between regimes – the study of which has been largely neglected. The PhD thesis on which this monograph is based was awarded the 2011 Jacques Lassier Prize.
Prof Conor Gearty: 'Is Attacking Multi-culturalism a way of tackling racism - or feeding it?'
Professor Conor Gearty will give the Annual Lord
Irvine Lecture at the Human Rights Centre, Durham University on 20
January 2012. For more information, please follow