News
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 [2012] 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:
http://www.thedetail.tv
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 b.barlow@lse.ac.uk.
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.
click here for publisher's site
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.
click here for publisher's site
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.
about the Jacqueline Suter Prize
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.
click here for the Times Higher article in full
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.
click here for the full report
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
www.thetimes.co.uk/law100
[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.
Dr Beyani also shared with the Council his findings on the missions he undertook to the Maldives and Kenya last year. To read the findings, see Maldives and Kenya.
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).
read
more about the Jessup competition
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
Dev
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.
click here for publisher's site
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.
read the Telegraph article in full
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.
read the Guardian article in full
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
'The Fate of Human Rights in the 21st Century'
Chair: Professor Susan Marks (LSE Law Department)
Thursday 2 February 2012 | 1-2 pm | Venue: NAB 2.06Public 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'.
read the Daily Mail article in full
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 [2011] 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 -
http://www.scribd.com/doc/76130846/AMP-v-Persons-Unknown A
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.
click here for publisher's site
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
this link.
Professor Klug on a Bill of Rights for the UK
Professorial Research Fellow Francesca Klug recently discussed with barrister Dr Austen Morgan (33 Bedford Row) the question of a Bill of Rights for the UK, in a LexisNexis interview published on 7 December 2011.
read the full text of the interview
2 December 2011
Professor Murray at Parliamentary Committee on Privacy and Injunctions
Andrew Murray, Professor of Law, appeared before the Parliamentary Joint Committee on Privacy and Injunctions on Monday 28 November, where he answered questions about the enforceability of UK injunctions against accounts held on offshore micro blogging and social networking platforms such as Twitter, and was asked by the Committee to outline how the UK Parliament and Courts could protect the identity of UK citizens subject to Privacy Injunctions following the CTB case of April/May 2011.
watch video at Parliament Live or Democracy Live
Professor Fisher QC criticises priorities of HM Revenue & Customs
Professor Jonathan Fisher QC has published an article in the Times (17/11/11) in which he argues that HM Revenue & Customs treats honest taxpayers unfairly at the expense of the dishonest, and call for changes to be made at the top of the organisation. He describes the recent tax treaty between the UK and Switzerland as 'a new low' which will allow criminals to continue their activities under a cloak of anonymity, whilst paying 'an annual protection fee' to the HMRC. He describes the Revenue's current approach as 'muddled, inconsistent and unfair'.
read the full text article in the Times [paywall]
Lord Millett at the LSE
On November 11 the LSE's Law and Financial Markets
Project hosted 'Lord Millett's Contribution to Equity and the Common
Law'. The event was attended by Lord Millett himself as well as Mr
Justice Michael Briggs, Mr Justice David Richards and Mr Justice Guy
Newey. The seminar was designed to bring together academics and
practitioners to critically engage with Lord Millett's influential
judgments in the fields of equity and trusts and company law. The
event was chaired by Professor Sarah Worthington (Cambridge) and
speakers included Mr Justice Newey, Clare Stanley (Wilberforce
Chambers), Mary Stokes (Erskine Chambers), Professor Lionel Smith
(McGill University), Dr Charlie Webb (LSE) and Professor David
Kershaw (LSE). Following comments from the speakers in each session
Lord Millett gave his response following by extremely lively
comments from seminar participants.
15 November 2011
Prof Baldwin comments on phone hacking in Bloomberg Businessweek
Professor Robert Baldwin comments on the News Corporation phone hacking scandal and the likely results of the judicial inquiry.
Dr Kleinheisterkamp on Korean debate on investor-state dispute settlement with US
Jan Kleinheisterkamp was interviewed on 2 November on TBS Primetime in South Korea on the investor-state dispute settlement mechanism in the US-Korean Free Trade Agreement (KORUS) which is causing highly controversial debates in Korea. The provisions negotiated in 2007 by the previous Korean government are now the main cause of objection by the new government against the ratification of KORUS, which had also met stiff resistance – albeit on other points – in the US Congress and thus required renegotiation in 2010. The growing concerns in various countries and the need for “Rethinking Investment Treaty Law” has already been the topic of a workshop of the LSE Transnational Law Project last May, the recording of which is available here.
listen to the radio interview (in English)
see the questions raised in the interview
10 November 2011
Prof Blair appointed to EU regulators
Visiting Professor William Blair QC high court judge and leading QC in banking law, has been appointed to the Joint Board of Appeal of the European Banking Authority, the European Securities and Markets Authority, and the European Insurance and Occupational Pensions Authority. The three organisations were established in January this year to supervise financial services in the European Union.
Dr Chaloka Beyani presents Climate Change Induced Displacement Report to UN
Dr
Chaloka Beyani, Senior Lecturer in Law in the Law Department,
presented his first report on Climate Change Induced Displacement to
the General Assembly on 20th October 2011 in his capacity as United
Nations Special Rapporteur on the Human Rights of Internally
Displaced Persons. On 15th September Dr Beyani delivered the first
Nansen Lecture on ‘Migration, an Enduring Phenomenon’? at the
University of Witwatersrand in Johannesburg, South Africa. Before
that he had delivered a keynote lecture on Migration Regimes at the
13th meeting of the Association for the Study of Forced Migration in
Kampala on 3rd July 2011.
UN General Assembly Press Release
Climate Change Report (UN General Assembly A/66/285)
Nansen Lecture: 'Migration, an Enduring Phenomenon?'
Martin Lipton discusses Corporate Governance
In an event sponsored by Corporate Governance at the LSE and the Law and Financial Markets Project, on 19 October Martin Lipton of Wachtell, Lipton, Rosen & Katz gave a talk at the LSE entitled On Corporate Governance: A View from the US. Professor David Kershaw of the Law Department was the responding commentator. In a wide ranging talk Mr Lipton discussed his pioneering role in the development of takeover defences in the United States and his views of the role of the corporation and its relationship to shareholders and other stakeholders. He also discussed current developments in the United States including the early US experience with ‘say on pay’ and the lessons from the financial crisis on board composition. A lively debate followed with representatives of UK institutional shareholders, corporate law firms and regulators.
Dr Andrew Scott appointed Inner Temple Academic Fellow
Four prominent legal academics have been appointed
Academic Fellows of the Honourable Society of the Inner Temple. Dr
Andrew Scott (London School of Economics) joins Dr Ronan
McCrea (University College London), Joanna Miles (University of
Cambridge), and Professor Christian Twigg-Flesner (University of
Hull), all of whom have been selected to take up this prestigious
three-year role.
The Academic Fellows Scheme aims to recognise the outstanding
contribution of legal teaching and research of early to mid-career
academics to the Bar of England and Wales. It also aims to support
their research and to build stronger ties between barristers and
legal academics.
The Chief Executive of the Inner Temple, Patrick Maddams,
said:
“We are delighted to welcome these four outstanding academics
to the Inner Temple community. They will be joining some of the most
prominent barristers, judges and international leaders today. Legal
education has always been at the heart of the Inner Temple and we
look forward to working with these new Academic Fellows as we
further strengthen this role”.
'Judicial Review : Human Rights and the Peril of Knowing Too Much'
Professor Conor Gearty will be presenting a plenary session at Judicial Review London : Trends and Forecasts on Thursday 13 October 2011.
Dr Kleinheisterkamp at UNCTAD expert meeting on the World Investment
Report
Jan Kleinheisterkamp has been invited to participate in the Expert
Group Meeting of the UN Conference on Trade and Development on 4-5
October 2011 to discuss the outlines of an Investment Policy
Framework for Development that will be the feature of the next World
Investment Report, one of UNCTAD’s flagship publications.
Dr Scott comments on the Ferdinand privacy
decision
Andrew Scott has published a note in the Guardian law
section, commenting on the recent decision of the High Court in
Ferdinand v MGN Ltd [2011] EWHC 2454 (QB). The judgment was
delivered by Mr Justice Nicol, himself a former lecturer in the
Department.
read the Guardian article in full
read a redacted version of the judgment
28 September 2011
Professor Chinkin moderates UN Human Rights Council debate
On 26 September Professor Christine Chinkin moderated the UN Human Rights Council's plenary debate on Integration of a gender perspective in the work of the Human Rights Council : Promoting gender equality as institutional practice.
Pablo Ibáñez Colomo awarded the Jacques
Lassier Prize
Pablo Ibáñez Colomo has been awarded the Jacques Lassier Prize by
the International League of Competition Law. The Prize is awarded
every two years for Ph.D. dissertations written in competition law
and related fields (including intellectual property and unfair
competition), and was established in memory of Jacques Lassier, a
former President of the League and one of the first practitioners in
continental Europe to understand the importance of EU competition
rules. The ceremony took place at Christ Church College in Oxford
during the annual congress of the League.
For more information about the prize, see http://ligue.org/lassier.php
Dr Poole and Dr Webber cited by High Court of Australia
Australia's High Court has rendered its first decision on the Charter of Human Rights and Responsibilities Act (Victoria). The judgment in Momcilovic v The Queen [2011] HCA 34 (hyperlink: http://www.austlii.edu.au/au/cases/cth/HCA/2011/34.html) cites Dr Poole's 'The Reformation of English Administrative Law' (2009) 68 Cambridge Law Journal 142 and Dr Webber's 'Legal Reasoning and Bills of Rights' in Ekins (ed) Modern Challenges to the Rule of Law (2011). See text corresponding to footnotes 619, 622 and 623.
Dr Stephen Humphreys at UN Human Rights Council
Dr Stephen Humphreys spoke yesterday at a high level side-event at the UN Human Rights Council in Geneva. Other panel participants included the President of the Maldives, Mohamad Nasheed, the former President of Ireland and High Commissioner for Human Rights, Mary Robinson, and the current Deputy High Commissioner for Human Rights, Kyung-Wha Kang. The meeting was organised by the Permanent Missions of Ireland and the Maldives to the UN. Dr Humphreys presented the summary and recommendations of a report drafted for the Geneva-based International Council on Human Rights Policy (ICHRP), entitled ‘Beyond Technology Transfer: Human Rights in a Climate-Constrained World’. The report is available on the ICHRP website (www.ichrp.org).
[L to R: H.E. Iruthisnam Adam, Ambassador of the Republic of Maldives to the UN; H.E. Mr. Mohamed Nasheed, President of the Republic of Maldives; H.E. Mrs. Mary Robinson, former UN High Commissioner for Human Rights and former President of Ireland; Ms. Kyung-Wha Kang, UN Deputy High Commissioner for Human Rights; Dr. Stephen Humphreys, Lecturer at the London School of Economics; H.E. Mr. G. Corr, Ambassador of Ireland to the UN.]
click here for the report summary
LSE tops Independent guide to studying law
The Independent newspaper provided a guide to studying Law last week, which noted LSE's pre-eminent position in the Complete University Guide, 2012. The article also quoted our Head of Department, Martin Loughlin: ""Law is the attempt to subject human conduct to the governance of rules. This highlights what is simple and complex about legal study. We are obliged to simplify a complex reality by conceiving all human relationships - husband-wife, landlord-tenant, employer- employee, citizen-government etc. - as orders of rules. This requires analytical skills in rule-handling. But it must never be forgotten that we are dealing with human conduct. These analytical techniques can be effectively used only once we realize that 'the life of the law is not logic but experience'. Rules are simple, life is complex. Rules aspire to certainty, but life is uncertain. Rules provide stability, but life unsettles our expectations. The key to success? Only connect."
click here for Independent article
NEW BOOK: World Trade Law after Neoliberalism : Reimagining the Global Economic Order
The rise of economic liberalism in the
latter stages of the 20th century coincided with a
fundamental transformation of international economic
governance, especially through the law of the World Trade
Organization. In this book, Andrew Lang provides a new
account of this transformation, and considers its enduring
implications for international law. Against the
commonly-held idea that 'neoliberal' policy prescriptions
were encoded into WTO law, Lang argues that the last decades
of the 20th century saw a reinvention of the international
trade regime, and a reconstitution of its internal
structures of knowledge. In addition, the book explores the
way that resistance to economic liberalism was expressed and
articulated over the same period in other areas of
international law, most prominently international human
rights law. It considers the promise and limitations of this
form of 'inter-regime' contestation, arguing that measures
to ensure greater collaboration and cooperation between
regimes may fail in their objectives if they are not
accompanied by a simultaneous destabilization of each
regime's structures of knowledge and characteristic
features. With that in mind, the book contributes to a full
and productive contestation of the nature and purpose of
global economic governance.
click here for publisher's site
NEW BOOK: Policing, Popular Culture and Political Economy : Towards a Social Democratic Criminology
Professor
Robert Reiner has been one of the pioneers in the development of
research on policing since the 1970s as well as a prolific writer on
mass media and popular culture representations of crime and criminal
justice. His work includes the renowned books The Politics of the
Police and Law and Order: An Honest Citizen's Guide to Crime
and Control, an analysis of the neo-liberal transformation of
crime and criminal justice in recent decades. This volume brings
together many of Reiner's most important essays on the police
written over the last four decades as well as selected essays on
mass media and on the neo-liberal transformation of crime and
criminal justice. All the work included in this important volume is
underpinned by a framework of analysis in terms of political economy
and a commitment to the ethics and politics of social democracy.
click here for publisher's site
Professor Klug calls for consistency on human rights
Professorial Research Fellow Francesca Klug writes to the Guardian noting that 'We cannot insist other regimes comply with international human rights standards while seeking their extraction from our law.'
read Professor Klug's letter in full
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 2011.
In this issue, Michael A. Wilkinson (WP5/2011) considers the juridical implications of Hannah Arendt’s conception of freedom; David Kershaw (WP6/2011) examines the drivers of legal evolution in contemporary corporate law; Jan Kleinheisterkamp (WP7/2011) outlines the problems of compatibility of the Bilateral Investment Treaties and the Energy Charter Treaty with EU law; and Yaraslau Kryvoi (WP8/2011) provides an analysis of the legal regime governing counterclaims in investor-state disputes.
Professor Fisher QC puts forward fraud proposals
A
paper recently co-authored by Professor Jonathan Fisher QC with
three of his students, Claire Cregan, James Di Giulio and Jodi
Schutze, was discussed in yesterday's Financial Times. The
paper examines three paradigm cases which emerged during the course
of the global financial crisis, and considers whether the parameters
of criminal law are sufficiently wide to capture the conduct of
financial markets participants who have acted recklessly. It argues
that regulators should force investment banks and credit-rating
agencies to disclose conflicts of interest to counterparties and
clients, with a failure to do so triggering a breach of the fraud
act.
click here for the paper via Ingenta [subscription required]
click here for the FInancial Times article [registration required]
Professor Loughlin elected Fellow of the British Academy
Congratulations to our current Head of
Department, Professor Martin Loughlin, who was elected a Fellow of
the British Academy, at the Academy's Annual General Meeting
on 21 July. Professor Loughlin is the LSE Professor of Public Law.
He serves on the editorial boards of several journals, including
The Modern Law Review, Jus Politicum and Giornale di Storia
costituzionale, and is co-editor of the OUP book series,
Oxford Constitutional Theory. His most recent book is
Foundations of Public Law (2010) and his main areas of research
and teaching are in constitutional and administrative law,
constitutional theory and legal and political thought. The British
Academy was established by Royal Charter in 1902. It is an
independent, self-governing fellowship of scholars elected for their
distinction and achievement, that champions and supports the
humanities and social sciences.
[more about Professor Loughlin]
[more about the British Academy]
Professor Chinkin receives honorary doctorate at University of Nottingham
Congratulations
to Christine Chinkin, Professor of International Law at the LSE and
William W. Cook Global Professor of Law at the University of
Michigan, who has been awarded an honorary doctorate in law at the
University of Nottingham. The degree was conferred by the
Vice-Chancellor of the University, Professor David Greenaway, on the
afternoon of Wednesday, 13 July 2011, with Professor Dino Kritsiotis
of the School of Law giving the public oration. Professor Chinkin’s
many works include Third Parties and International Law
(Clarendon Press, 1993), The Boundaries of International Law: A
Feminist Analysis (Manchester University Press) (with Hilary
Charlesworth) and The Making of International Law (Oxford
University Press, 2007) (with Alan E. Boyle). Professor Kritsiotis
emphasised that “no greater intellectual debt” was owed by
international law to Professor Chinkin than the work she had
undertaken on the shortcomings of the law in respect of women
throughout the world: “the articulation of a feminist audit and
critique of the international legal order has presented as much a
manifesto for law reform as it has a new way of seeing and thinking
about the incredibly diverse world in which we all live”. Professor
Kritsiotis also mentioned Professor Chinkin’s involvement in the
Women’s International War Crimes Tribunal for the Trial of Japanese
Military Sexual Slavery and, more recently, in the Goldstone
Commission on the Gaza Conflict of 2008–2009. He ended the oration
by saying that “through these and through other engagements,
Professor Chinkin has shown that international law can have a
life—that international law must have a life—beyond its basic
bureaucracies, one that affects very much for the better the lives
of others.”
[more about Professor Chinkin]
Dr Micheler and Dr Paech present issues of securities law at a workshop of the ECON Committee of the European Parliament
The ECON Committee of the European Parliament and its rapporteur for Securities Law, Mr Othmar Karas have drawn on specialist knowledge of Dr Eva Micheler and Dr Philipp Paech at a recent workshop held at the European Parliament in Brussels. Both Eva and Philipp are amongst the leading specialists for legal implications of cross-jurisdictional holding of securities. The panel comprised four eminent experts in addition to Eva and Philipp, notably from Switzerland, the US, France and Spain. The panel’s task was to give their view in relation to the need for harmonisation of the law regarding securities holdings in the EU, and the Geneva and Hague Securities Conventions, with a view to prepare the ECON Committee for upcoming legislative proposals to be submitted by the Commission. The proceedings are available at http://www.europarl.europa.eu/activities/committees/studies.do?language=EN
Professor Michael Zander, QC and Legal Aid
Michael Zander, QC, Emeritus Professor, was one of the co-signatories of a letter to the Times on 19 July, urging the Government to amend clause 12 of the Legal Aid, Sentencing and Punishment of Offenders Bill. As it stands, the bill empowers the Government to introduce means and merit testing for legal advice and assistance to suspects being held at a police station and the authors feel that restricting the right to free legal advice to people when they at their most vulnerable is wrong.
Dr Beyani, UN Special Rapporteur on the Human Rights of Internally Displaced Persons
The LSE's Dr Chaloka Beyani, in his role as the UN Special Rapporteur on the Human Rights of Internally Displaced Persons, has visited the Maldives to look at the impact of climate change on its population. Dr Beyani concludes: "Climate change is very real in the Maldives and its effects on rights, including the right to housing, safe water and livelihoods, are being felt on many islands, such as those which I visited during this trip. The suffering caused by coastal erosion, salination, rising sea levels, and more frequent storms and flooding are all too obvious to be ignored."
[for more about Dr Beyani's findings, click here]
6 July 2011
Professor Gearty on progressive politics, and the war on terror
Professor Conor Gearty gave the Institute for Social Science Research's Annual Lecture - 'Human Rights - A new progressive politics, or just the same old Lawyers' stuff?' - on 21 June at South Bank University, and also the keynote lecture at the conference 'The War on Terror and the Impact on Muslim Communities : Security, Human Rights and Media', Brunel University, 28 June.
6 July 2011
Professor Zander on the Today programme
Emeritus Professor Michael Zander QC appeared on BBC Radio 4's Today programme on 1 July, commenting on the Government's response to the legal difficulties surrounding the charging of murder suspect Paul Hookway. Professor Zander's opinion was also cited by the Guardian on 29 June.
Dr Kleinheisterkamp invited as expert on investment treaty law by European Parliament
Dr
Jan Kleinheisterkamp has been invited by the European Parliament’s
Directorate General for External Policies to participate as one of
three discussants in an “expert hub”, a forum for dialogue and
debate between EP internal experts and the external think tank
community, on “Future EU Investment Treaties - What kind of
standards of protection and what kind of dispute settlement
provisions should be in?” This appointment comes after Dr
Kleinheisterkamp co-authored the LSE study “The EU Approach to
International Investment Policy after the Lisbon Treaty” for the
Parliament’s INTA Committee 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.
click here for the previous LSE Report
Students' WTO Moot success
The Law Department would like to celebrate the success of this year’s WTO Law Moot team, who came 3rd overall in the international rounds of the ELSA WTO Moot, competing against the best teams from all over the world. The team, made up of LLM students Zila Milupi, Ada Siqueira and Amy Wan, impressed all with their great technical skill, argumentative dexterity, and warm team spirit, and thoroughly deserved their success. This was a tremendous achievement - congratulations!
The team writes of their experience:
‘Our participation in the ELSA Moot Court Competition on WTO Law was a very worthwhile experience, despite our fears about all the extra work that it would involve! The competition took us to parts of the world that we never would otherwise have had the opportunity to visit. We spent a week in Vilnius, Lithuania competing in the European Regional Rounds where we achieved second place and qualified to progress on to the Final Oral Rounds.
‘The Final Oral Rounds took place in Evian, France and Geneva, Switzerland. There, we faced the other top fifteen teams that represented universities from all over the world. After a very challenging week of mooting, we progressed to the semi-finals which were held at the WTO Headquarters. We emerged third place overall – an undoubtedly great reward for our hard work.
‘Through our participation in the competition, we acquired specialist knowledge in WTO law as it relates to food safety measures, which is something not many people can boast about! But our learning experience went far beyond just substantive knowledge of the law. We gained valuable insight into the operation of the WTO Dispute Settlement System which, with a strong emphasis on diplomacy, is much unlike any other legal experience. In addition, we were able to interact with professionals and leading academics in the field of WTO law who offered valuable career advice.
‘The competition gave us the privilege of representing the LSE on a highly regarded and prestigious platform. Of course our achievement in the competition was dependent on a lot of hard work, but it was nicely balanced with healthy doses of leisure. We learned a lot about ourselves and have come out of the competition as more than just teammates, but as good friends that survived a grilling from WTO academics, practitioners, and Appellate Body members. Going into the competition, we had no idea that learning could be such fun and that an extra pile of work could be as enriching as it was! We’d strongly recommend entering the competition to anyone who’s willing to put in the work, has a curious mind and is looking for an intellectual type of fun (trust us- this is not an oxymoron!)’
Dr Paech briefs European Parliament ECON Committee
Dr Philipp Paech's briefing on ‘Cross-border Issues of Securities Law’ commissioned by the ECON Committee of the European Parliament has been published on the European Parliament’s website. The briefing was commissioned in view of prospected European legislation and provides the legal background understanding in respect of the law governing intermediated securities which is in between commercial-, insolvency- and property law. Dr Paech will present the findings of the briefing at the relevant ECON Committee hearing on 30 June. Dr Eva Micheler will also be presenting on UK and German/Austrian law.
click here for the full text of Dr Paech's study
Professor Reiner awarded British Society of Criminology Outstanding Achievement Award
Congratulations to Professor Robert Reiner who has been awarded the British Society of Criminology Outstanding Achievement Award 2011, reflecting his outstanding contribution to the discipline of Criminology. The award will be presented at the Society's conference in July.
Professor Moloney appointed to ESMA Securities and Markets Stakeholder Panel
The Board of Supervisors of the European Securities and Markets Authority has appointed Professor Niamh Moloney to its Securities and Markets Stakeholder Panel. ESMA, established in January 2011, is the EU's new financial market regulator. The accompanying Press Release is at http://www.esma.europa.eu/
Dr Scott’s work on privacy cited by High Court
Research on privacy law undertaken by Dr Andrew Scott and published recently in Doley and Mullis (eds) Carter Ruck on Libel and Privacy (6th ed, LexisNexis, 2010, paras 19.86 et seq) was cited by Eady J in CTB v News Group Newspapers Ltd and Imogen Thomas [2011] EWHC 1232 (QB). The point at issue concerned the question of when information can be said to have entered the public domain. It is especially pertinent in the context of publication on Twitter and other online platforms relative to the mainstream media.
Anthea Roberts wins International Law prize for the second time
For the second time, Anthea Roberts has
been awarded the Francis Deák Prize by the American Society
of International Law. The Francis Deák Prize is awarded
annually to a young author for meritorious scholarship
published in The American Journal of International Law.
The prize was established in 1973 by Philip Cohen in memory
of Francis Deák (former head of the international law
program at the Carnegie Endowment for International Peace
and editor of American International Law Cases, 1783–1963)
and is sponsored by Oxford University Press.
Anthea was awarded the 2011 Deák Prize for her article "Power
and Persuasion in Investment Treaty Interpretation: The Dual
Role of States," 104 AJIL 179 (2010).
Anthea also received the 2002 Deák Prize for her article
"Traditional and Modern Approaches to Customary
International Law," 95 AJIL 757 (2001).
for more information, see http://www.asil.org/pdfs/pressreleases/am_awards110404.pdf.
Jan Paulsson and Anthea Roberts short-listed for International Dispute Resolution Article of the Year
Jan Paulsson and Anthea Roberts have both had articles short-listed for the OGEMID Award for International Dispute Resolution Article of the Year. OGEMID (Oil-Gas-Energy-Mining-Infrastructure Dispute Management) is a listserv that brings together most of the world's experienced professionals in the field of international dispute management, mainly arbitration, mediation, negotiation, with a particular emphasis on investment disputes. See http://www.transnational-dispute-management.com/ogemid/.
Jan Paulsson was nominated for his article "Moral Hazard in International Dispute Resolution" (Inaugural Lecture as holder of Michael R. Klein Distinguished Scholar Chair, University of Miami School of Law, 29 April 2010). Anthea Roberts was nominated for her article "Power and Persuasion in Investment Treaty Interpretation: The Dual Role of States," 104 American Journal of International Law 179 (2010).
for more information, see http://www.transnational-dispute-management.com/ogemidawards/
Dr Scott gives evidence to Joint Committee on Defamation
Dr Andrew Scott recently appeared before the Joint Committee on Defamation, and gave evidence on the draft Defamation Bill published recently for consultation by the Ministry of Justice. The evidence session also focused on the research reflected in Dr Scott’s paper (co-authored with Professor Alastair Mullis) on ‘Reframing Libel: taking (all) rights seriously and where it leads’.
A working paper version of ‘Reframing Libel’ is available here: http://www.lse.ac.uk/collections/law/wps/WPS2010-20_MullisandScott.pdf
A video of the evidence session is available on the Parliament website, here: http://www.parliamentlive.tv/Main/Player.aspx?meetingId=8306
Dr Scott has also had a co-authored article regarding libel reform published recently by politics.co.uk.
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 2011.
In this issue, Grégoire C. N. Webber (WP1/2011) considers how bills of rights challenge the rule of law; Joanne P. Braithwaite (WP2/2011) examines the complexities in implementing proposals to extend central counterparty clearing in the over-the-counter derivatives markets; Carsten Gerner-Beuerle, David Kershaw, and Matteo Solinas (WP3/2011) assess the significance or triviality of the adoption of a board neutrality rule in European Union Member States; and Jan Komárek (WP4/2011) examines what it means for a supreme court to ‘make law’.
3 May 2011
LSE Law Department best in UK
The Law Department has been judged the best in the country by the The Complete University Guide for 2012. See http://www.thecompleteuniversityguide.co.uk/league-tables/rankings?s=Law for further details.
LSE Team win London Universities Mooting Shield
On 10 March 2011, LSE became the Grand Champions of
the London Universities Mooting Shield (LUMS) competition for the
first time, breaking UCL’s three-year reign since the competition
was developed in 2007. The Grand Final was held at Allen & Overy’s
Bishop Square offices where LSE defeated Queen Mary.
The team comprised of second year LLB students Ahmed Alani, Ingram
Cheung, Shi Min Lee and Yik Boh Ting. The moot problem was an appeal
before the Supreme Court on the validity of an Order-in-Council that
required the DPP’s consent before an arrest warrant could be issued
to prosecute those suspected of war crimes and crimes against
humanity. The judging panel comprised of senior representatives from
each of the competition’s prominent sponsors.
LSE competed in the nine-round league competition since October 2010
with a round held every fortnight, and was top of the league table
by the fourth round, a position it retained throughout the duration
of the competition. During the competition league, LSE competed
against KCL, UCL, University of Westminster, Birkbeck College,
University of Hertfordshire, SOAS, City University London and London
South Bank University. It was a rewarding experience for the team
members especially as two rounds were held in the Royal Courts of
Justice (Round 5) and the Supreme Court where the team was judged by
Lord Dyson (Round 9).
Many congratulations to the team!
Goldstone's colleagues break silence to stand by UN report on Gaza war atrocities
Three members of the UN fact-finding team on the Gaza war of 2008-9 - human rights lawyer Hina Jilali, LSE professor of International Law Christine Chinkin and former Irish peacekeeper Desmond Travers - are insinuating that the mission’s fourth member, and chair, Richard Goldstone, is casting doubt on the credibility of their report via misrepresentation of facts.
click here for the Guardian article in full
LSE Wins 2011 Oxford
International Intellectual Property Moot
Congratulations
to LSE mooters Adam Burk (LLB ’12), Tor Tarantola (MSc ‘11, Social &
Cultural Psychology), and Ling Yah Wong (LLB ’12) have won the 2011
Oxford International Intellectual Property Moot. The competition was
held at St. Catherine’s College, Oxford, on 18-19 March. Twenty-two
shortlisted teams were invited to take place in the oral round based
on the best written submissions, which were selected by lawyers at
Bird & Bird. Teams from India, Singapore, Australia, Canada, France,
the United States, and the UK took part.
The team each spent about one hundred hours in total
preparing their written submissions and refining their oral
arguments. They met between three and six hours each week in the
Lent term, and about ten hours per week as the competition
approached.
Burk, Tarantola, and Wong, none of whom had any prior mooting
experience, acknowledged the support they received from both faculty
and students at the Law Department. Dr. Dev Gangjee, the team’s
advisor, and Dr. Siva Thambisetty were both “enormously helpful,”
said Burk.
The team also acknowledged the Law Society’s moot training
programme, as well as the students who provided advice and feedback:
Aleks Bojovic (PhD candidate), Chase Kvasnak (LLB ’11), Erik
Lindemann (LLM ’11), Jacqueline Park (LLB ’10, LLM ’11), Hiroaki
Tanaka, and Art Ward (LLM ’10).
“There are a number of very successful, experienced mooters
at LSE, and their feedback was invaluable,” said Tarantola.
“Everyone at LSE held us to a very high standard, and it paid off.”
[picture courtesy of the Oxford Intellectual Property Research Centre]
Fewer police does not mean Christmas for criminals
Robert Reiner writes in the Guardian about the effect of cutting police budgets.
29
March 2011
'Intangibles: Immaterial Vectors, Agents, and Effects'
Reader in Law Alain Pottage will be one of the participants at this Harvard Conference, co-sponsored by the London School of Economics. See the Humanities Center at Harvard for further information.
British Institute of Human Rights Conference
Professorial Research Fellow Francesca Klug will be chairing the morning session of the BIHR Annual Conference 2011 on 29 March 2011. For further information about the conference, please click here.
Professor Jonathan Fisher QC appointed to serve on Bill of Rights Commission
Visiting
Professor Jonathan Fisher QC has been appointed by the Ministry of
Justice to serve as a Commissioner on the Bill of Rights Commission.
[1]
In May 2010 the Coalition Government’s Programme for Action
undertook to “establish a Commission to investigate the creation of
a British Bill of Rights that incorporates and builds on all our
obligations under the European Convention on Human Rights, ensures
that these rights continue to be enshrined in British law, and
protects and extends British liberties”.[2]
In addition to his principal areas of practice and academic
interest (business crime; proceeds of crime: money laundering,
restraint, confiscation, civil recovery; fraud and contentious tax
cases), Jonathan Fisher QC is extremely familiar with human rights
law and civil liberties. In 2006 he gave evidence to the House of
Common’s Select Committee on Constitutional Affairs[3]
following publication of his pamphlet entitled “A British Bill of
Rights and Obligations”.[4]
Dr Beyani addresses the UN Human Rights Council
Dr
Chaloka Beyani (pictured), senior lecturer in law in the Department
of Law, addressed the United Nations Human Rights Council in Geneva
on Monday 7 March in his capacity as special rapporteur on the human
rights of internally displaced persons.
He drew attention to climate induced displacement,
internally displaced women, the protection of internally displaced
persons in camps and settlements, and strengthening the
international framework for protecting and assisting internally
displaced persons.
Dr Beyani also spoke at a side event opened by the high
commissioner for human rights, Dr Pillay, on Wednesday 9 March,
together with the former holders of his mandate, Dr Francis Deng and
Professor Walter Kalinin.
[click here for further information]
Professor Gearty on BBC Radio 4
Professor Conor Gearty appeared on this week's edition of Analysis on BBC Radio 4, to discuss David Cameron’s comments on multiculturalism and ‘muscular liberalism’.
[click here for programme on BBC iplayer]
Andrew Murray's Information Technology Law podcasts
Reader in Law Andrew Murray discusses subjects tackled in his latest book Information Technology Law : The Law and Society (Oxford University Press : 2010) in a series of podcasts, available free via Itunes
[click here for publisher's site]
2 March 2011
Professor Hartley gives evidence to European Scrutiny Committee
Professor Trevor Hartley recently appeared before the UK Parliament's European Scrutiny Committee, where he gave evidence on the impact of EU law on the sovereignty of the United Kingdom and the supremacy of the British Parliament.
more about the European Scrutiny Committee
Dr Margot Salomon briefs OHCHR meeting
Dr Margot Salomon was recently invited by Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Friedrich Ebert Stiftung to join the High Commissioner for Human Rights, in an expert meeting held in Berlin on 24-25 February 2011. The meeting was convened to mark the 25th anniversary of the adoption of the United Nations Declaration on the Right to Development and to examine its future conceptual and practical contribution to advancing human rights globally. Dr Salomon was requested to provide a background note to inform discussions that brought together academics, the OHCHR Secretariat, and diplomats for this invitation only workshop.
Dr Veerle Heyvaert introduces Transnational Environmental Law (TEL)
Dr
Veerle Heyvaert is delighted to announce the forthcoming publication
of Transnational Environmental Law (TEL), a peer-reviewed
journal dedicated to the development of new ideas on law’s
contribution to environmental governance in a global context. TEL
will be published by Cambridge University Press and is due to
release its first issue in 2012. The online version is scheduled to
go live early in the year, and the first hard copies will reach the
shelves in April 2012. Dr Heyvaert developed the idea for the
journal in collaboration with Mr Thijs Etty (VU University,
Amsterdam). Together, they will assume editorship of TEL.
The short text below gives a brief overview of TEL's mission and scope. For further information, please contact Veerle Heyvaert at v.heyvaert@lse.ac.uk. Dr Heyvaert also warmly welcomes expressions of interest for article submissions and other contributions to the inaugural issues of TEL, and will happily field any further queries.
(TEL) is a peer-reviewed journal for the study of environmental law and governance beyond the state. It approaches legal and regulatory developments with an interest in the contribution of non-state actors and an awareness of the multi-level governance context in which contemporary environmental law unfolds.Transnational Environmental Law
TEL offers a forum for rigorous analysis and discussion of the impacts of globalization on complex environmental risks and norms. It welcomes scholarship that enriches our understanding of contemporary environmental law through comparative and cutting-edge interdisciplinary analysis. TEL’s scope is broadly conceived in terms of disciplinary focus: its pages are open to scholarly contributions covering a wide range of environmental issues, including climate change, biodiversity, emerging technologies, industrial pollution and waste management. TEL also promotes the exploration of the evolving dynamics between environmental law and other legal disciplines (including but not limited to trade and competition law, financial law, and human rights).
TEL is strongly committed to supporting environmental legal scholarship across geographical boundaries and generations; it warmly encourages participation by young and emerging talents from across the globe. TEL seeks to foster innovative synergies between different scholarly styles and traditions, and strives for the development of a new generation of environmental scholarship that will bridge existing divides, including notably the divide between North American and European approaches to environmental law scholarship. In the same spirit, TEL encourages the integration of theoretical and practical legal perspectives on current environmental issues, and aims to deliver scholarship of high salience to academics and practitioners alike.
1 March 2011
'Norwich Pharmacal orders' and Internet piracy
LSE IT law specialist, Andrew Murray, is quoted in the Lawyer in an article considering the impact of a recent judgment (Media CAT Ltd v Adams & Ors) on peer-to-peer copyright infringement cases.
16 February 2011
Helen Reece on sex offenders Supreme Court ruling
Reader in Law Helen Reece appeared on Sky News today commenting on the government implementation of last year's Supreme Court ruling on the right of review of the sex offenders' life long requirement to report regularly to the police.
Andrew Scott in the media:
Tweeting in court; Injunctions in privacy cases; misuse of libel
law; competition in audit markets
Dr Andrew Scott recently discussed the use of Twitter in court on
Deutsche Welle World radio in light of the Wikileaks
extradition case and the consultation launched by Lord Judge. He
has also published a note on injunctions in privacy cases in
Prospect magazine, commented on the misuse of libel law to
'chill' free expression on Inforrm and in Media Lawyer,
and was interviewed by Accountancy Age with regard to the
state of competition in audit markets.
Prisoners and the right to vote
Professorial Research Fellow Francesca Klug comments on prisoners and the right to vote in the Guardian.
click here for full text of article
8 February 2011
Rape-law reforms are poisoning relationships
A recent case in England highlighted the dangers of turning bad teenage sex into a criminal matter ... an article in Spiked by Helen Reece.
click here for full text of article
8 February 2011
NEW BOOK: Theatre of the Rule of Law
Dr.
Stephen Humphreys will be talking about his new book, Theatre of
the Rule of Law at University California Irvine in Los Angeles
on Thursday 10 February (click on the flyer, right, for more
details); and also on Thursday 24 February at New College, Oxford.
Theatre of the Rule of Law presents the first sustained critique
of rule of law promotion – the push to shape laws and institutions
that pervades international development and post-conflict
reconstruction policy today.
click here for publisher's site
NEW BOOK: Terrorism and International Law: Accountability, Remedies, and Reform A Report of the IBA Task Force on Terrorism
Elizabeth
Stubbins Bates' latest book, Terrorism and International Law:
Accountability, Remedies, and Reform A Report of the IBA Task Force
on Terrorism (Oxfrod University Press, 2011) was completed
whilst she was a Visiting Fellow in the Law Department in 2010. It
examines the developments in international law and practice in a
dynamic and often controversial area. Written by Elizabeth Stubbins
Bates and edited by a Task Force of world famous jurists chaired by
Justice Richard Goldstone, the book analyses the operation and
application of international law to terrorism and outlines
recommendations for reform. This title covers developments in the
counter-terrorism policies and practice of individual states and
international and regional organizations. It examines the framework
of derogations and national security limitations in international
human rights law, as well as clarifying when international
humanitarian law applies to terrorism and counter-terrorism. This
title provides a global overview of counter-terrorism, including but
not restricted to the US-led 'war on terror', by considering case
law and examples of state practice from all continents.
Convention of the Council of Europe on Violence against Women
Christine
Chinkin has been acting as scientific
advisor to the Council of Europe Ad Hoc
Committee on Preventing and Combating
Violence against Women and Domestic Violence
(CAHVIO) which in January 2011 finalised the
text of the Convention of the Council of
Europe on Violence against Women (VAW), and
the Explanatory Memorandum. The draft
Convention will now be transmitted to the
Committee of Ministers, and the
Parliamentary Assembly for the Council of
Europe. It is anticipated that the PACE will
adopt the text in March and the Convention
will be signed by the Committee of Ministers
in May.
LLM students' special award in Mediation Competition
On Friday
28th January 2011 the Law Department entered
a team for the
Worshipful Company of
Arbitrators Mediation competition. The team
was made up of Simitra Chadha and Carmel
Cohalan, both of whom are studying
Alternative Dispute Resolution on the LLM.
They were coached by Professor Linda Mulcahy
and Ruth Gallagher who is also a student on
the ADR course. The team were successful in
getting through to the semi finals and their
performances were much praised by the judges
who assessed them in the first three rounds
with one judge commenting that 'they have
set a benchmark for integrative bargaining
that few practitioners in the UK would be
able to meet'. In recognition of their
skills Simitra and Carmel were given a
special award for being the best
teambuilders in the competition. They are
shown in the photograph being given their
award by Lord Woolf who has been an
enthusiastic supporter of mediation. The
Department's congratulations go to Carmel,
Simitra and Ruth for their achievements.
[photograph used with the kind agreement of the Worshipful Company of Arbitrators]
Dr. Eva Micheler's research cited by UK Supreme Court
Research by Eva Micheler on disguised returns of capital [“Disguised Returns of Capital – An Arm’s Length Approach,” [2010] CLJ 151] was recently cited by the UK Supreme Court in the decision Progress Property v Moorgarth.
click here for the article on SSRN
click here for the judgment of the court
NEW BOOK: Legal Architecture : Justice, Due Process and the Place of Law
Professor
Linda Mulcahy's Legal Architecture : Justice, Due Process and the Place of
Law
(Routeldge : 2010) addresses how the
environment of the trial can be seen as a
physical expression of our relationship with
ideals of justice. It provides an
alternative account of the trial, which
charts the troubled history of notions of
due process and participation. In contrast
to visions of judicial space as neutral,
Linda Mulcahy argues that understanding the
factors that determine the internal design
of the courthouse and courtroom are crucial
to a broader and more nuanced understanding
of the trial. Partitioning of the courtroom
into zones and the restriction of movement
within it are the result of turf wars about
who can legitimately participate in the
legal arena and call the judiciary to
account. The gradual containment of the
public, the increasing amount of space
allocated to advocates, and the creation of
dedicated space for journalists and the
jury, all have complex histories that
deserve attention. But these issues are not
only of historical significance. Across
jurisdictions, questions are now being asked
about the internal configurations of the
courthouse and courtroom, and whether
standard designs meet the needs of modern
participatory democracies: including
questions about the presence and design of
the modern dock; the ways in which new
technologies threaten to change the dynamics
of the trial and lead to the
dematerialization of our primary site of
adversarial practice; and the extent to
which courthouses are designed in ways which
realise their professed status as public
spaces.
click here for publisher's site
NEW BOOK: Carter-Ruck on Libel and Privacy
Carter
Ruck on Libel and Privacy is the fully
revised and renamed edition of this leading
volume on the law governing publication and
private interests. It offers comprehensive
coverage of the substantive laws of
defamation and privacy in England and Wales,
details the legal practice and procedure in
those areas, and gives an account of the
comparable laws in over 60 other
jurisdictions. Dr Andrew Scott (LSE) has
authored six of seven chapters in the
entirely new part on privacy law (chs
18-23). These chapters focus on the themes
of privacy and publication; misuse of
private information: the reasonable
expectation of privacy; misuse of private
information: the ultimate balancing test;
remedies for misuse of private information;
harassment, and data protection.
click here for publisher's site
Taylor Wessing Commercial Challenge Win
In
October 2010 a group of second year LLB students (Barry Hughes,
Rui da Dilva and Sarah Gledhill) combined with a second year
Economic History student (Stephanie Moffat) to form the 'Long
Island' team and enter Taylor Wessing's annual competition.
The competition saw 200 students (the maximum Taylor Wessing could allow in the Challenge) enter from Kings, UCL and LSE. These teams were asked to work within a simulated deal, based on a recent acquisition by Google which Taylor Wessing handled, to produce a legal framework for the deal that represented the commercial insight that a top law firm needed to show any potential client. Associates at Taylor Wessing played the part of the client, Goolge.
The challenge demanded a broad array of commercial skills to be demonstrated to a high degree. An initial conference call to the potential client was followed by a written pitch to them. These two stages reduced the field to three finalist teams; one from Kings (the winners of the Challenge last year), UCL and the 'Long Island' team from LSE.
In the December final, after delivering a 15 minute presentation to a 6 person panel, consisting of senior partners and a winner of BBC's 'The Apprentice', and then withstanding 15 minutes of rigorous questioning by the panel, our LSE team won, claiming the title 'Taylor Wessing's Commercial Challenge Winners 2010'. Many congratulations!
