The last few months have seen a range of national, regional and international issues that have been relevant to the Institute's work. This includes the proposed consolidation of the Office of Fair Trading and the Competition Commission into one supervisory body, the UN Security Council's decision on no-fly zones over Libya, the linkages between international investment law and human rights, WikiLeaks and freedom of information, and the role of courts in a democracy. This has meant that there have been a number of really interesting, contemporary and challenging events held at the Institute.

Amongst these events has been the Annual Grotius Lecture and Dinner, where the Lecturer was Judge Bruno Simma of the International Court of Justice, who spoke expertly and persuasively on human rights in international investment law, followed by an engaging after-dinner talk by Professor Philippe Sands. Judge Breyer of the US Supreme Court spoke on the role of courts in a democracy, together with Professor Ronald Dworkin, Lord Anthony Lester and Lord Justice Stephen Sedley. Their seminar was the first event for the Bingham Centre for the Rule of Law. In relation to the competition law matters, a conference on mergers included interesting comments by the chairman of the Competition Commission and the executive director of the Office of Fair Trading providing their views on the UK government's consultation paper. There were also many other events in the first few months of this year that have proved the continuing ability of the Institute to engage with academics, practising lawyers, judges, government officials, regulators, international organisations, in-house counsel, students and others. We have also published a range of new books and I would urge you to see our catalogue.

We are absolutely delighted that Dame Rosalyn Higgins DBE has agreed to be the President of the Institute. She is undoubtedly one of the leading public international lawyers in the world, a superb academic, incisive judge, and a supportive and kind person. We are also very pleased that Sandra Homewood has commenced as the Executive Assistant to the Institute Director and as Administrator of the Bingham Centre.

I do hope that you continue to enjoy reading about the various activities of the Institute as set out in this Newsletter.

Professor Robert McCorquodale
Institute Director

Quick Links:

• About Us
• Support Us
• Publications
• Research
• Events
• Membership
• People
• Opportunities
• News & Media

The British Institute of International and Comparative Law is delighted to announce the appointment of Dame Rosalyn Higgins DBE QC as its new President. She succeeds the late Rt Hon Lord Bingham of Cornhill KG.

Read full press release here

The British Institute of International and Comparative Law and the Centre for International Law at the National University of Singapore signed a Memorandum of Understanding on 21 March 2011 with a view to developing collaboration on a variety of public international law subjects of mutual interest such as treaty law and practice and customary international law in domestic courts.

An article on MLex, titled 'OFT director warns CC merger changes must be assessed carefully' by Dafydd Nelson, led with OFT executive director Clive Maxwell's opinion on the government's plans for competition policy. Maxwell, who was speaking at the Institute's Merger Conference, said the OFT welcomed the government's consultation on the proposed combining of the OFT with the Competition Commission, (CC) but warned that changes would need to be assessed carefully.

A further article titled 'CC chairman says UK merger improvements not dependent on OFT tie-up' in the same publication followed the next day, discussing the opinion of the chairman of the UK's competition commission, Peter Freeman, who also spoke at the Merger Conference. Freeman supported the government's consultation into the country's merger-control system, but said the improvements that could be made are not contingent upon the combination of the regulatory bodies that oversee tie-ups:

'Speaking at a conference in London, Peter Freeman backed proposals that include streamlining the merger investigatory process and the introduction of a mandatory filing system.'

More at the MLex website

Tim Cowen, an Advisory Council member, has been appointed to the Competition Appeal Tribunal, the body that hears and decides appeals and other applications or claims involving competition or economic regulatory issues.

Read press release here

I am a Belgian graduate law student from the Université Libre de Bruxelles (Belgium) and I am presently completing an LL.M. degree at King's College London (University of London).

After my Master's degree, I undertook a three-month internship at the International Criminal Court (in The Hague) where I was a judicial clerk to the French judge. I have always enjoyed working in multicultural environments and discovering different systems of law, especially common law which I particularly appreciate. Last year, I was a trainee for six months in a Canadian litigation law firm in Ottawa (Canada) where I was assisting partners in researching law, drafting legal documents and meeting with clients. My passion for English law and new cultures led me to London, where I am deepening my knowledge in UK and EU competition law. Consequently, I decided to apply for an internship at the British Institute of International and Comparative Law to complement my studies and get an overview of the current topics in one of my favourite fields of law - private international law.

The experience at the Institute has been rewarding both professionally and personally. As a research intern from October 2010 to February 2011, I had the opportunity to work under the supervision of the Senior Research Fellow in Private International Law, Dr Eva Lein, and to assist her in conducting research in various areas of private international law through resources available electronically and at the library. In particular, I attended a conference on Extraterritoriality and Collective Redress, also in light of the Brussels I Regulation, in which I could observe the issues at stake. I was also involved in research identifying how European Consumer Directives are transposed in different Member States. Other research projects concerned insurance and reinsurance as well as jurisdiction under the Brussels I Regulation. The last topic I worked on concerned the Optional European Contract Law Instrument. I prepared a report following a seminar held at the Institute with prominent experts in this field. Therefore, I consider that I feel more familiar with European private international law instruments and that I have gained a good insight of the functioning of the Institute that has a high level of academic commitment. In addition, working with research staff and interns from diverse legal cultures contributed to a friendly atmosphere at the Institute. To sum up, this invaluable experience gave me the incentive to pursue an academic career and I would strongly recommend graduate students and legal practitioners who are interested in being involved in high-quality research to apply for an internship at the Institute.

This is a short report of the activities of the Bingham Centre for the Rule of Law since I took office in mid-October 2010.

1. A provisional Advisory Council for the Centre has been formed which includes Lord Phillips (Chair), Sir Christopher Bellamy, Shami Chakrabarti, Alex Layton QC, Lord Lester QC, Justice Margaret Marshall and Justice Kate O'Regan.


2. Discussions have been held with various bodies with a similar mission to that of the Centre, so as to define the ways in which we could add value by collaboration, or should avoid overlap. I have been struck both by the desire of all these bodies to collaborate with the Centre and also by the fact that they all believe that there clearly is a great deal of space for the Centre in an area crowded with activity in the general field of human rights and good governance. I have also received a number of letters from leading practitioners and academics offering their services to the Centre.


3. The following events are planned, some 'one-off' events, others will be precursors to studies and projects. Those planned are:
• 24 May 2011: The Rule of Law in Southern Africa (Professor Hugh Corder)
• 17 June 2011: The Rule of Law, Etat de droit and Rechststaat (Meeting between members of the UK Supreme Court, six members of the Conseil d'Etat and German judges)
• 28 June 2011: The London-Leiden Project: Conference on The Rule of Law in the EU
• 23 September 2011: All Souls Oxford. The Scope and Universality of the Rule of Law
• 20 October 2011: The Bingham Lecture on the Rule of Law - Sponsored by Fountain Court


4. A number of potential projects are being explored including:
• The cross-border regulation of financial institutions
• The Role of Regional Courts in Southern Africa
• The role of government lawyers
• Training and Education on the Rule of Law

I look forward to reporting on these and other developments in the next newsletter.

Close to £600,000 has been donated or pledged since our last newsletter update bringing our total to £1.7m of our £2.25m target to establish the Bingham Centre and support its activities for five years. Of particular note is that Hogan Lovells, Clifford Chance, Simmons and Simmons and Sidley Austin have joined Freshfields, Linklaters and Macfarlanes in making significant donations towards the establishment of the Centre, as have the current and retired partners of Slaughter & May. The Pilgrim Trust, of which Lord Bingham was a longstanding trustee, has also made a substantial grant in his memory.

The Centre was launched at The Royal Courts of Justice on 6 December 2011. An esteemed panel comprised of Rt. Hon The Lord Judge, The Rt Hon Lord Phillips of Worth Matravers Lady Bingham, Rt Hon Kenneth Clarke QC MP, Roger Errera, Professor Jeffrey Jowell QC and Sir Christopher Bellamy QC (Chair of the Bingham Centre Appeal Board) all expressed their admiration for Lord Bingham, the importance of the Rule of Law and their support of the Bingham Centre. A full summary of the launch can be found here.

We are extremely grateful to all of those donors and Appeal Board members who have contributed so much both in funds in the giving of their time and effort. Their support has been invaluable.

If you wish to make a donation to The Bingham Appeal or The Watts Fellowship, please click here or contact Diane Denny, Development Director on 020 7664 4871 or on d.denny@biicl.org.

There are several ways you can give:

• Donate online by Credit or Debit Card
  
  
• Donate online by Direct Debit
  
  
• Donate via post
• Legacies
• Shares and Securities
• Bingham Appeal
• The Watts Fellowship
  

On 15 March 2011, the Institute held an event called 'Courts and Democracy' at Hogan Lovells LLP, featuring Justice Breyer of the United States Supreme Court in discussion with Professor Ronald Dworkin QC, Lord Lester of Herne Hill QC and the Rt Hon Lord Justice Sedley.

Further information and video can be found at the Institute's website here.

As part of the ATLAS project (Armed Conflicts, Peacekeeping, Transitional Justice: Law as Solution) the Institute organized a full day symposium on the topic of Building Peace in Post-Conflict Situations. The conference brought together academics and practitioners from Europe and the United States to discuss various aspects of transitional justice such as amnesties, apologies, issues in international prosecution and reparation of victims. The conference also included a panel discussing the conclusions of three ATLAS field missions to Bosnia and Herzegovina, Cambodia and Sierra Leone aimed at evaluating the effectiveness of various methods of reaching national reconciliation combating impunity. The conference was concluded with remarks by Shireen Avis Fisher, Justice of Appeals at the Special Court for Sierra Leone, who offered practical insights into the topic of transitional justice and reparations.

The ATLAS project involves seven research institutions across Europe and is funded in large part by the European Commission under it 7th Framework Programme. The aim of the project is to make recommendations to the European Union on how the Union could best improve its external policy in conflict and post-conflict situations, with particular consideration to transitional justice institutions.

For more information on the conference or the ATLAS project, please contact Faria Medjouba, or visit the webpage here.

On 31 January 2011, the Institute hosted an event entitled 'Freedom of Information in the WikiLeaks Era'. Chaired by well-known legal commentator Joshua Rozenberg, the panel included David Banisar of Article 19, Chris Bradshaw of the Ministry of Justice, Andrew Murray of LSE, James Leaton Gray of the BBC and Mark Stephens of FSI Law, Julian Assange's lawyer.

The current debate arising from the presence of WikiLeaks in the media sphere includes an entanglement of legal issues, starting with the definition of organizations such as WikiLeaks and the different categories that can be used when defining 'journalists'. It was argued that WikiLeaks does satisfy the definition of 'media' given by the Council of Europe for purposes of protection of sources, because it acts as an intermediary for information. However, WikiLeaks was also described as an 'online information provider' and thus not a media outlet complying with legal and social normative principles. The inherent dichotomy between the right to privacy and freedom of information or freedom of expression, which must be distinguished from one another, was also a cause for debate. While WikiLeaks was said to be testing the boundaries of these freedoms, which have been tested in the past, there is a need to strike a balance between these interests, bearing in mind that these freedoms are not absolute.

While the global nature of the WikiLeaks phenomenon is unprecedented, there have been other comparable endeavours beforehand, such as Cryptome for example. In fact, before the internet even existed, brown envelopes were already carried with the same type of information WikiLeaks is now publishing, the main difference being really the larger amount of documents and the wider dissemination. As a result, the current governmental response to WikiLeaks' activities is enormous and in some way akin to some of the reaction which followed the adoption of the freedom of information legislation in the United Kingdom. Despite the long delays in the processes, the government still considers the Freedom of Information Act 2000 (FOIA) an effective route for disclosure. At the seminar, the three types of information that are generally protected were detailed: policy formulation and ministerial communication (s 35), private information about individuals (s 40) and legally privileged information (s 42). The impact of disclosure on international relations (s 27) was also discussed in relation to the diplomatic cables, as these may have been exempt from a request under the FOIA. When discussing the coverage of media by the FOIA, attention was brought to the Sugar v BBC & The Information Commissioner case, likely to heard soon by the Supreme Court. From a United States legal standpoint, it was deemed unlikely that there will be any prosecution under the Espionage Act, unless it is amended to allow for such prosecution, which may in turn cause a constitutional issue.

It was noted that, before their public release, the 250,000 diplomatic cables were already shared among 3 million people. Also prior to their publication by WikiLeaks, these cables were presented to the governmental bodies in the United Kingdom and the United States for an opportunity to object and verify the data, in order not to endanger the lives of individuals. Only one of the matter that the United States objected to was released: the admission of bombing Yemen as it was deemed of great public interest by the media partners.

The WikiLeaks phenomenon is here to stay, with some papers having now created their own e-drop boxes. However, our 'brave new digital world' should still provide room for the private sphere and thus the balance between the various freedoms at stake should still be found, despite the faster, more accessible online medium.

Andrew Murray's paper is available on his website.

Just before the event, Mark Stephens was interviewed by Joshua Rozenberg for the BBC Radio 4 'Law in Action' programme, which first aired on 22 February and is available to listen here.

On January 19 2011, the Institute hosted a seminar on the legal and practical effects of the Cancun Agreements on Climate Change.

All members of the Panel, which was chaired by Amy Merrill, senior climate lawyer at Linklaters, were present at the Cancun Negotiations in various capacities. Adrian Roberts, Head of the Climate Change Law Team, Department of Energy & Climate Change and Legal Adviser to UK Delegation and the EU's LCA Negotiating Team in Cancun, Farhana Yamin, Portfolio Manager, Climate Change, CIFF; Author of Climate Change and Carbon Markets, and Tim Baines, climate change and clean energy lawyer, Norton Rose Group, offered their personal views on the Cancun negotiations and what the Agreements really mean for the future of climate change.

Expectations were low that any meaningful outcome would be reached in Cancun. However, consensus was quietly achieved, thereby, in the words of Prime Minister David Cameron 'renewing determination in the international community tackling climate change'. Adrian Roberts gave the three stated goals of the UK Government as being to (1) incorporate much of the Copenhagen Accord into the UN negotiating system; (2) annex pledges on mitigation; and (3) achieve a way forward on the Kyoto Protocol.

He went on to analyse why Cancun was more successful than the Copenhagen negotiations had been in 2009. He praised the work of Patricia Espinosa, the Mexican Secretary of Foreign affairs tasked with chairing the negotiations and Christina Figueres, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC). Of particular importance was Mexico's 'bridging' role for other Latin American states and its bilateral work with the more difficult parties, such as Bolivia and Venezuela.

Legal issues proved to be crucial at Cancun. First, in light of an objection by Bolivia to consensus being declared on the final day was a discussion of what "agreement by consensus" under the rules actually means. The Chair's view was that consensus does not enable one state to exercise a power of veto in the face of overwhelming support by the majority and that in this respect, agreement by consensus differed from unanimity. Adrian Roberts noted that the US delegation appeared uncomfortable with this definition. Although Bolivia did not object further at the time, the issue of what is needed to reach agreement within the UNFCC framework remains live and Bolivia has indicated that it may go as far as the ICJ on the matter.

More broadly, Farhana Yamin discussed the general lack of discussion as to legal form in the context of climate change agreements. Although treaties do play an important role and the effectiveness of the Kyoto Protocol should not be underestimated, she argued for a more flexible approach to law-making in this area, as the traditional treaty-making framework fails to adequately address what she termed, 'the climate challenge'.

Finally, Tim Baines gave a view from the private sector. He emphasized the importance of the private sector - which goes beyond financial institutions - in deploying changes and implementing mechanisms for establishing a low-carbon or techno-carbon future. He also argued for greater discussion on legal form in the future. There must be effective enforcement and regulation of legal commitments within the UN system, as legal certainty is one of the primary concerns for the private sector, which ultimately wants to see a return on its investments.

A lively and wide-ranging discussion followed, delving further into issues of enforceability, the effectiveness of the Kyoto Protocol, what the next conference in South Africa is likely to address and whether it will be as effective as Cancun, and how to safeguard human rights of climate change victims when trying to meet climate change targets in developing countries.

Kirsten Sjøvoll
Research Intern on the Public International Law Programme
British Institute of International and Comparative Law

• 40% discount on all Institute events including CPD courses


• Online access to papers from past events


• Subscription to the International and Comparative Law Quarterly, in hard copy and/or online access to the entire archive of the journal depending on the membership type.


• Subscription to the Institute newsletter, via email


• 40% discount on all Institute publications


• Receive discounted rates at The Montague on The Gardens hotel, London WC1

More information and online application can be found here.

Enforcement of Public Procurement Rules: Lessons from a Comparative Perspective

Monday 11 April 2011
14:30 to 18:30
British Institute of International and Comparative Law,
Charles Clore House, 17 Russell Square, London WC1B 5JP

This event is kindly sponsored by

Participants
Mark Clough QC, Brodies LLP
Ciara Kennedy-Loest, Hogan Lovells
Professor Francois Lichère, University of Aix-Marseille III
Professor Steen Treumer, University of Copenhagen, Denmark
Michael Bowsher QC, Monckton Chambers
Professor Dr iur Martin Burgi, Ruhr-Universität Bochum
Professor Roberto Caranta, Turin University, Italy
Professor Martin Trybus, University of Birmingham
Professor Mario Comba, Turin University, Italy
Dr Dacian C Dragos, Babes Bolyai University, Romania
Professor Chris Yukins, George Washington University Law School

This event will evaluate the EU Member States' experience with public procurement remedies and the new remedies rules, with leading commentators from Europe and beyond. In comparing and contrasting views across the Member States, hot topics will be examined, including:

• Scope of the remedies system
• Interim relief and suspensive effect
• Ineffectiveness
• Interaction of remedies
• Review bodies and locus standi
• Standstill periods
• Damages

London Leiden Conference on European Law

Saturday 25 June 2011
10:00 to 17:00

This year marks the remarkable 50th anniversary of the London - Leiden Conference on European Law. To mark this occasion, the event will reflect on the impact that the EU legal and regulatory framework has had on the Rule of Law. The maintenance, development and promotion of the rule of law is of fundamental importance for the human dignity and well-being of people everywhere. It provides the foundations for good governance, accountability, certainty and legality which are core conditions for an effective economy and a fair society. This June, the London-Leiden conference will consider issues such as judicial review, the new EU financial regulatory system and delegation, and procedures in criminal and competition law, in the wider context of the rule of law.

More information available here.

As reported in the previous newsletter, Part 2 of the Constitutional Reform and Governance Act 2010 entered into force on 11 November 2010, replacing the Ponsonby Rule for the UK.

An article explaining this reform 'The United Kingdom and Parliamentary Scrutiny of Treaties' was published in the ICLQ by the Institute's Senior Research Fellow in Public International Law, Jill Barrett. (ICLQ January 2011, p 225-245).

The Institute is delighted to congratulate Nevil Hagon on his appointment as the new Head of Treaty Section at the Foreign and Commonwealth Office. Nevil has many years of experience of FCO treaty work and took a leading role in the development of UK Treaties Online (on the FCO website).

November 2010

Two important bilateral treaties with France were signed and published in November:
i) the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic for Defence and Security Co-operation (signed at London on 2 November 2010) has been published as France No.001(2010): Cm 7976.
ii) the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic relating to Joint Radiographic/Hydrodynamics Facilities (signed at London on 2 November 2010) has been published as France No.002(2010): Cm 7975.

December 2010

Film Co-Production Agreement between the Government of the UK and the Government of Israel, published as Israel No. 1 (2010): Cm 7994 Film Co-Production Agreement between the Government of UK and the Palestinian Liberation Organisation for the benefit of the Palestinian Authority, published as Miscellaneous No. 6 (2010): Cm 7995

February 2011

Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Malaysia on Mutual Assistance in Criminal Matters (signed at Kuala Lumpur on 21 July, 2010) has been published as Malaysia No.001(2010): Cm 8013.

Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Russian Federation on the Organisation of the Direct Encrypted Communications System between the United Kingdom of great Britain and Northern Ireland and the Russian Federation (signed at London on 15 February, 2011). The Treaty entered into force on signature, and has been published as Treaty Series No.001(2011) : Cm 8022. Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Trinidad and Tobago concerning Air Services (signed at Port of Spain, 16 March, 2010). The Treaty entered into force on signature, and has been published as Treaty Series No.007 (2011) : Cm 8031.

March 2011

Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the Abolition of the Death Penalty in all Circumstances, Treaty Series No. 3 (2011):Cm 8034

Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the Control System of the Convention, Treaty Series No. 4 (2011): Cm 8035

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Rwanda on the Transfer of Sentenced Persons, published as Treaty Series No. 9 (2011): Cm 8039

Amendment to Article 6 of the 1996 Protocol to the Convention of the Prevention of Marine Pollution by Dumping of Wastes and other Matter 1972, published as Miscellaneous No. 1 (2011) : Cm 8046

Agreement between the Government of the UK and the Government of the Republic of Poland concerning Mutual Protection of Classified Information, published as Treaty Series No. 2 (2011) Cm 8030

General Security Agreement between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Spain concerning the Protection of Classified Information Exchanged between the Two Countries: Treaty Series No. 8 (2011) Cm 8040

Agreement amending the Second Time the Partnership Agreement between the members of the African, Caribbean and pacific group of States, of the one part, and the European Community and its Member states, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June, 2005 (opened for signature in Ouagadougou, 22 June 2010 thereafter from 1 July 2010 to 31 October 2010 in Brussels). Published as European Communities No.002 (2011): Cm 8025. The Agreement is not yet in force.

All treaties published since 1997 can be found on the treaty pages of FCOWeb here

The discussions on an EU Contract Law instrument are becoming concrete: Following the Commission Green Paper on policy options for progress towards a European Contract Law for consumers and businesses (COM(2010)348 final) and the setting up of an expert group on a Common Frame of Reference in the area of European contract law (Commission Decision 2010/233/EU) delivering draft rules that could be the basis for a future European Contract Law instrument, two important documents have most recently been published: The draft report on policy options for progress towards a European Contract Law for consumers and businesses (2011/2013(INI)), Committee on Legal Affairs (Rapporteur: Diana Wallis) which can be found here and the first draft chapters of the Commission Expert Group on formation, content and effects and interpretation of contracts which can be found here.

BIICL organized a seminar on the topic entitled The Optional EU Contract Law Instrument - What to expect? on 7 February 2011 to discuss many open questions on scope, advantages and risks of an EU contract law instrument, its interaction with existing regimes and its impact on the legal scene in England. The Institute was particularly pleased to welcome Diana Wallis (European Parliament) as a member of the conference panel.

On December 14, 2010 the European Commission published its Proposal for a Regulation of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, COM(2010) 748 final, reviewing the Brussels I Regulation 44/2001/EC. The Commission proposal suggests various changes of the current Brussels I regime.

The major changes, some of which have been controversial already in the forefront of the proposal, were discussed by an international expert panel at the Institute Seminar 'The Brussels I Review Proposal' on February 10, 2011. Topics included the interface between the Regulation and arbitration, choice of court agreements, lis pendens issues, provisional including protective measures, the extension of the Regulation's jurisdiction rules to third State defendants, the abolition of exequatur proceedings, the relation of the new Brussels I regime to the revised Lugano Convention and the protection against abuse in the Brussels I Review Proposal.

Nisrine Abiad and Farkhanda Zia Mansoor

ISBN 978-1-905221-45-5
Published January 2011
Price: £50 (members £30) $90
Paperback

By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book aims to identify possible harmonization between the obligations of international human rights law (eg the UN Convention on the Rights of the Child) and the criminal justice systems within each State, particularly Islamic law (Sharia).This book features introductory chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, and the United Kingdom. Among other issues, the authors discuss:

• The definition of 'child' in criminal law
• Rights for child offenders under international law (UNCRC, the Beijing Rules)
• Rights of the child under Islamic regional instruments
• Islamic law as it relates to child offenders
• The age of criminal liability
• The death penalty
• The role of the judiciary in criminal cases within Muslim jurisdictions

Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented, and the role of the judiciary in expanding the protection of juvenile offenders.

'Inspiring...I found this treatise to be interesting and even enlightening. Its study by lawyers, judges, social scientists and academics will broaden their outlook on these important aspects of our legal system.' -Justice Ejaz Afzal Khan, Peshawar High Court

Alexander Orakhelashvili and Sarah Williams (eds)

ISBN 978-1-905221-43-1
Published: November 2010
Price: £75 (members £45)

This volume presents the reader with insights as to how law of treaties has worked over past 40 years, since the 1969 Vienna Convention was adopted as the comprehensive treaty to regulate the law of international agreements. Treaties form a basis for a daily conduct of international relations and thus it is vital to see how they are made, amended, interpreted and enforced. This volume capitalizes on 40 years of international experience, described and analytically examined by a group of experts on the subject. Multiple issues the Convention covers include the aspects of conclusion, interpretation, reservations, amendment and modification, validity and other issues relating to treaties are covered.

Contributors: Alan Boyle, Malgosia Fitzmaurice, Mary Footer, Anthony Aust, Richard Gardiner, Jan Klabbers, Paul Eden, Alexander Orakhelashvili, and with a preface by Sir Franklin Berman.

Dr Sarah Williams, BCom, LLB, MJur, Solicitor (England and Australia), is a Senior Lecturer at the University of New South Wales in Sydney, Australia. She has been a lecturer at the Durham University, Legal Researcher at the Foreign and Commonwealth Office in London and Senior Research Fellow (Dorset Fellow) at BIICL.

Dr Alexander Orakhelashvili, LLM Leiden, PhD Cantab., has taught international law at the universities of London, Cambridge and Oxford (2002-2008). Prior to joining Birmingham Law School as a lecturer he was a Junior Research Fellow at Jesus College Oxford (2005-2008) and Visiting Fellow at BIICL (2008-2009).

Edited by Robert McCorquodale

ISBN 978-1-905221-42-4
Published November 2010
Price: £80 (members £48) $140
Paperback

If the daunting challenges now facing the world are to be overcome, it must be in important part through the medium of rules, internationally agreed, internationally implemented and, if necessary, internationally enforced. That is what the rule of law requires in the international order.
- Lord Bingham (Chapter 1)

The maintenance and promotion of the rule of law is of fundamental importance for the human dignity and well-being of people everywhere, providing the foundations for good governance, an effective economy and a fair society, and affecting the daily lives of people around the world. Its relevance extends across a wide range in the affairs of people and states: in the laws of armed conflict; laws outlawing corruption and governing constitutional affairs; in energy and environmental rights; the respective roles and powers of the various arms of government and agencies at national, regional and international level; the independence of the judiciary; and in human rights. This book explores some key issues concerning the rule of law in the international and comparative context, clarifying key aspects of the rule of law and applying them to real life examples across the world, including:

The analysis is given by some of the leading lawyers in the world - Yves Fortier, Mary Robinson, Jane Stapleton, Keir Starmer and Lord Bingham - as well as the senior researchers of the British Institute of International and Comparative, as it celebrated 50 years of promoting the rule of law in an international and comparative context.

Guido Alpha

ISBN 978-1-905221-46-2
Published November 2010
Paperback
Price: £50 (members £30)

Available for the first time in English, in this latest collection of essays Guido Alpa brings his cosmopolitan approach to current issues in European, private, and commercial law. Covering a broad range of topics, Alpa provides thought-provoking discussion and insight on the themes of legal harmonization and the influence of comparative law on the evolution of legal forms. Accessible and informative, he writes with unique authority on current developments and issues regarding fundamental rights, the World Bank, contract law, family law and changing social norms, and the effect of modern human rights instruments on private law to name just a few-illuminating different solutions to common legal problems. His observations are an essential addition to the existing literature on European private law, and readers will benefit not only from his own deep interest and research in law but the breadth of his expertise in history, classics, literature and politics.

'Most lawyers will find in this book something of interest as well as plenty of cause for envy for the culture of a man who is not only an exemplar of Italian learning but also a good and loyal friend of our own law. One can thus not only commend this book to one's colleagues...but also congratulate the British Institute of International and Comparative Law on its initiative to make these essays available to English speakers.'
-Sir Basil Markesinis

Please contact Alexa van Sickle to order books or for further information.