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Marcos Zunino

Biography Dr Marcos Zunino is Research Fellow in Judicial Independence and Constitutional Transitions. His current work at BIICL looks into the judiciary in the context of transitional justice and constitutional change. His areas of research include transitional justice, human rights, constitutional law, international criminal law and public international law. He is the author of Justice Framed: A Genealogy of Transitional Justice as well as of a number of journal articles and book chapters.…

Rule of Law

Constantinos Yiallourides

Biography Dr Constantinos Yiallourides is the Arthur Watts Research Fellow in Law of the Sea at the British Institute of International and Comparative Law (BIICL) where he leads the Watts programme of research and events on global ocean governance. He is also a Lecturer in International Law at the University of Aberdeen, Scotland, and Visiting Scholar in Law and Public Policy at the University of Tokyo, Japan, where he conducts research on Japan's legal framework for deep-sea mining and its…

Climate Change+1

Nyasha Weinberg

Biography Nyasha Weinberg is a Research Consultant in Rule of Law Measurement at the Bingham Centre for the Rule of Law. She received her Masters in Public Policy from Harvard University and her undergraduate degree from Oxford University. Nyasha is currently a re:constitution fellow and visiting scholar at the Hertie School in Berlin working on how data can help prevent Rule of Law backsliding. She has previously worked as policy expert including serving as a policy adviser to the UK government,…

Rule of Law

Jan van Zyl Smit

Biography Dr Jan van Zyl Smit joined the Bingham Centre for the Rule of Law as a Research Fellow in 2013. Much of his work at the Centre has focused on the use of legal frameworks to foster and protect the independence of the judiciary. He is the author of The Appointment, Tenure and Removal of Judges under Commonwealth Principles: A Compendium and Analysis of Best Practice  and was involved in the development of the Cape Town Principles on the Role of Independent Commissions in the Selection…

Rule of Law

Mat Tromme

Biography Mat Tromme joined the Bingham Centre in April 2015 to lead the Centre's Sustainable Development and the Rule of Law Programme. His areas of expertise and work covers asset recovery & return, grand corruption, as well as the Sustainable Development Goals (SDGs). As such, Mat regularly blogs about asset recovery and corruption. He is based in Brussels, where he is responsibe for raising the Bingham Centre's profile and engaging with various relevant stakeholders. In that capacity,…

Rule of Law

Fulya Teomete Yalabik

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Collective Redress+1

Hector Tejero Tobed

Biography Héctor is a Research Assistant in Public International Law, and joined BIICL in October 2018. He assists and conducts research on various issues on Public International Law. Prior to joining BIICL, Héctor completed a LL.M in Public International Law at The London School of Economics and Political Science (LSE), and was a Legal Intern at REDRESS, where he focused on the Inter-American system for the protection of human rights. Formerly, he has been involved in cooperation projects…

Business and Human Rights+1

Ulysses Smith

Biography Ulysses is Director of the Business and the Rule of Law programme and a Senior Research Fellow at the Bingham Centre for the Rule of Law. He is a New York based lawyer and currently runs Telos Governance Advisers, which advises businesses, governments and not-for-profits on issues of governance, Rule of Law, development and human rights compliance.  He was previously a senior associate in the New York office of UK-based law firm Linklaters LLP, where he practised as an attorney…

Rule of Law

Vincent Smith

Biography Lorem ipsum dolor sit amet, consectetur adipiscing elit. Etiam a gravida augue. Etiam consectetur ex in leo aliquam, eu hendrerit tellus placerat. Aliquam vitae metus ullamcorper, cursus tellus vel, pretium lectus. Ut augue purus, dictum ac cursus maximus, facilisis a dui. Mauris at facilisis massa, at aliquet nisi. Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Maecenas dignissim nunc quis magna volutpat, congue congue orci mattis/…

Collective Redress

Lise Smit

Biography Lise Smit is Senior Research Fellow in Business and Human Rights, and joined BIICL in March 2015. She conducts research on corporate human rights due diligence and other aspects of implementation of the UN Guiding Principles on Business and Human Rights. Prior to joining the Institute, Lise was a practicing advocate at the Cape Town Bar in South Africa. She has worked on business and human rights issues for the Business and Human Rights Resource Centre and the UN Global Compact Office.…

Business and Human Rights+1

Elke Selter

Biography Elke Selter is a Research Fellow in Cultural Heritage. She joined BIICL in 2021, working on the international politics, heritage, and issues of repatriation and reparations, a project funded by the Leverhulme Trust. Prior to joining BIICL, Elke has worked for over 15 years with various agencies of the United Nations. Most of these, she worked in conflict and disaster-affected places where she advised governments on cultural policies and international conventions, and managed programs…

Cultural Heritage

Sara Razai

Biography Dr Sara Razai joined the Bingham Centre for the Rule of Law in 2020 as a Research Fellow for the the research project Special Processes for the Reassessment and Removal of Judges in the Context of Constitutional Transitions   funded by the UK AHRC. An expert in empirical research on the judiciary, her research has fed into policy-making and she has provided different actors and stakeholders with policy recommendations and programmatic responses at national and international…

Rule of Law

Anuj Puri

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AI and Data Worlds+1

Irene Pietropaoli

Biography Dr Irene Pietropaoli is a Research Fellow in Business and Human Rights and joined BIICL in October 2018. She conducts research on corporate human rights due diligence, other aspects of implementation of the UN Guiding Principles on business and human rights, and legislation on modern slavery in supply chain. Irene is also leading BIICL's work on Artificial Intelligence  and its links with business and human rights. Prior to joining BIICL, Irene worked with international organisations…

AI and Data Worlds+2

Ellis Paterson

Biography Ellis Paterson joined the Bingham Centre as a Research Assistant in the Rule of Law in October 2018. She is currently working towards her LL.M. in Public Law at the London School of Economics. Upon graduating from the University of Glasgow with a Bachelor of Laws in 2015, she moved to Tokyo, where she taught English for two years. She returned to the UK to pursue her academic and research studies and has since been involved with various voluntary organisations committed to access…

Rule of Law

Michael Olatokun

Biography Michael is a researcher and project manager focused on exploring the connection between rights, citizenship and education. He leads the Centre's strategic area of focus on Citizenship and the Rule of Law. He is the Coordinator of 'The Rule of Law for Citizenship Education', a nationwide programme in which young people are taught about the rule of law and human rights. As a result of the success of this work, Michael was asked to join the Solicitor General's Public Legal Education…

Rule of Law

Daniela Nadj

Biography Dr. Daniela Nadj is the Research Fellow in the Rule of Law on the RECONNECT project at the Bingham Centre (BIICL). She has lectured in Public Law and International Human Rights Law at Queen Mary (University of London), Oxford Brookes University and at the University  of Westminster. Daniela has experience of researching and of designing educational materials for young people at secondary and higher education levels. She has worked…

European Law+1

Lucy Moxham

Biography Lucy Moxham joined the Bingham Centre in January 2012 as a Research Fellow in the Rule of Law. She holds a MA Law Degree (first class honours) from the University of Cambridge and a BCL Master's Degree from the University of Oxford, where she focused on human rights law and international development. Lucy completed the Legal Practice Course at Nottingham Law School and a two-year training contract at Clifford Chance LLP, including time on secondment to the human rights organisation…

European Law+2

Sara Migliorini

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Centre for Comparative Law+1

Richard Mackenzie-Gray Scott

Biography Richard works as a researcher and project manager focused on individual and collective responsibility. His current research concentrates on public health emergencies from a rule of law and good governance perspective, with a view to building public trust in data-driven responses to public health emergencies. He was previously a consultant at the Bingham Centre for the Rule of Law, taught international law at the University of Nottingham, and served on the Human Rights Institute Drones…

COVID-19+1

Liza Lovdahl Gormsen

Biography Dr Liza Lovdahl Gormsen joined BIICL on 1 September 2014 as a Senior Research Fellow and the director of the Competition Law Forum. Her role at BIICL is to lead the Competition Law Forum, host events for its members and get the Forum involved in national and international competition policy debates and be engaged in competition law research. Liza is a Non-Governmental Advisor to the International Competition Network, appointed by the UK Competition and Markets Authority. She is a…

AI and Data Worlds+3

David Llewelyn

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AI and Data Worlds+1

Tomas Llanos

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Competition Law

Katie Lines

Katie Lines is a Research Fellow in Rule of Law Monitoring of Coronavirus Legislation at the Bingham Centre for the Rule of Law. Before joining the Bingham Centre, Katie worked as a lawyer with the civil liberties organisation Liberty, where she ran strategic litigation and scrutinised coronavirus legislation from a human rights perspective. Katie's background is as a public law barrister specialising in housing and homelessness. Katie's work at the Bingham Centre will be part of the Rule…

COVID-19+1

Chin Leng Lim

Professor Chin Lim joined BIICL as Honorary Senior Fellow in 2019. He is the Choh-Ming Li Professor of Law at the Chinese University of Hong Kong, practises as an international member of Keating Chambers, London, and is also a Visiting Professor at King's College, London. He has been a tenured full professor and senior administrator at both of Hong Kong's traditional universities since 2007 and served on a trade and industry committee which advises Hong Kong's Commerce Secretary. Chin was…

Hong Kong

Eva Lein

Biography Eva is Professor at the University of Lausanne and Director of the Comparative Law Center at BIICL. Her fields of expertise are private international law, international dispute resolution and comparative law with a special focus on contract law and, more recently, digitalisation. She has also been a Honorary Senior Lecturer at Queen Mary University of London and at Queen Mary, Institute in Paris, a Visiting Professor at different institutions, including the University Paris I (Sorbonne)…

Arbitration+4

Yarik Kryvoi

Professor Yarik Kryvoi is the Senior Research Fellow in International Economic Law and Director of the Investment Treaty Forum. Prof Kryvoi's expertise is primarily in the areas of international dispute resolution, including investor-state arbitration and international commercial arbitration, international administrative law and international public law.  In addition to his role at the BIICL, he is a visiting professor at a London-based university and teaches arbitration at the Chartered…

Arbitration+4

Ioannis Kokkoris

Professor Ioannis Kokkoris is Senior Research Fellow and Co Director of the Competition Law Forum. Professor Kokkoris holds a Chair in Competition Law and Economics at the Centre for Commercial Law Studies, Queen Mary University of London, UK. He is also the Dean for International for the Faculty of Humanities and Social Sciences. Professor Kokkoris is an expert on competition law and economics. His main research interests span all areas of competition law and policy including comparative…

Brussels+2

Aleksander Kalisz

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Arbitration+1

Murray Hunt

Biography Murray Hunt is the Director of the Bingham Centre for the Rule of Law. He has a lifelong interest in the ways and means by which the values a society considers fundamental attain and keep a special normative status, how that special status can be reconciled with a commitment to representative democracy, and how to get practitioners and theorists to talk to each other about these questions so that practice is informed by theory, and theory informed by practice. From 2004 to 2017,…

Rule of Law

Andrew Hodge

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Rule of Law

Kristin Hausler

Biography Kristin Hausler is the Dorset Senior Research Fellow in Public International Law and Director of the Centre for International Law. Since joining the Institute in 2007, she has developed and led several research projects advising governments, international organisations and non-governmental organisations on international human rights law, international humanitarian law, and international criminal law. Her most recent projects focused on cultural heritage and education, in particular…

Centre for International law+3

Idel Hanley

Biography Idel Hanley joined BIICL as a Research Fellow in Anti-Trafficking Law and Policy in December 2019. Her current research examines the factors which influence governments to improve their efforts to combat human trafficking. Prior to joining BIICL, Idel worked for a human rights organisation where she focused on projects relating to the asylum decision-making process and immigration detention. She has also worked and volunteered with refugee rights NGOs in France and the UK. Idel holds…

Migration

Jean-Pierre Gauci

Biography Dr. Jean-Pierre Gauci is Senior Research Fellow in Public International Law and Director of Teaching and Training at BIICL. Recruited in 2014 as a research coordinator for the British Influences on International Law Project, his role was extended to that of research fellow in August 2015 and associate senior research fellow in 2017. Jean-Pierre holds a PhD in Law from King's College London with research that focused on trafficking based asylum claims. He also holds a Doctor of Laws…

Climate Change+5

Oliver Garner

Biography Dr. Oliver Garner is the Research Fellow in the Rule of Law in Europe, British Institute of International and Comparative Law. He holds a B.A. in Jurisprudence from the University of Oxford, and an LL.M. in Comparative, European and International laws and a Doctorate in Laws from the European University Institute (EUI). His Ph.D. thesis analyses the constitutional mechanisms for Member State withdrawal and opt-outs from the European Union. His work has been published in the…

Brexit+2

Mark Findlay

Biography  Mark Findlay is the author of 29 monographs and collections and over 150 refereed articles and book chapters.  He has held Chairs in Australia, Hong Kong, Singapore, England and Ireland.  At the University of the South Pacific he was the Foundation Professor of Law and established the Law School in Vanuatu.  For over 20 years he was at the University of Sydney as the Chair in Criminal Justice, the Director of the Institute of Criminology and acting as Head of…

AI and Data Worlds+1

Duncan Fairgrieve

Biography Duncan Fairgrieve is Senior Research Fellow in Comparative Law and Director of the Product Liability Forum  at the Institute. He is also Professor of Comparative Law at Université de Paris Dauphine in France. Duncan Fairgrieve is a leading comparative lawyer, with research interests spanning both comparative private and public law, with specific focus on three specific areas, comparative administrative law (with a particular interest in state liability), comparative law of…

Centre for Comparative Law+4

Annie Duncan

Biography Annie Duncan is a Research Assistant on the determinants of Anti-Trafficking Law and Policy. She is completing an MSc in Migration, Mobility & Development Studies at SOAS, University of London. With a particular focus on trafficking, her research interests cover migration, conflict, international development, poverty alleviation, and gender. She holds an MA in Translation & Interpreting Studies, a BA in Social Inquiry, and a BA in International Studies. Person - Contact…

Migration

Berenika Drazewska

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Cultural Heritage+2

Andrew Dickinson

Biography Professor Andrew Dickson joined BIICL as Honorary Senior Fellow in 2021. Andrew Dickinson is Professor of Law at the University of Oxford, and a fellow of St Catherine's College. After studying law in Oxford (MA and BCL; St Edmund Hall), Andrew attended the College of Law in Chester before qualifying as a solicitor with Clifford Chance in London. From 2011-2013, he was Professor of Private International Law at the University of Sydney. Professor Dickinson's principal area of…

Centre for Comparative Law+1

Ronan Cormacain

Biography Dr Cormacain is senior Research Fellow at the Bingham Centre for the Rule of Law, British Institute of International and Comparative Law. He is leading the Rule of Law Monitoring of Legislation Project. This aim of this project is a systematic analysis of all Government Bills to assess whether they comply with Rule of Law principles. Dr Cormacain was called to the Bar of Northern Ireland, has an LLM in Human Rights from Queens University Belfast, and an LLM from the University…

Brexit+2

Tufyal Choudhury

Biography Tufyal Choudhury is a Senior Research Fellow on National Security and the Rule of Law at the Bingham Centre for the Rule of Law, British Institute of International and Comparative Law. He is supporting the Independent Commission on UK Counter-Terrorism Law and Policy. He is also an Associate Professor at Durham Law School and a Senior Research Affiliate of the Canadian Terrorism, Security and Society Research Network. His work focuses on issues of human rights and counterterrorism,…

Rule of Law

Claire Bright

Biography Dr Claire Bright is an Associate Research Fellow at the British Institute of International and Comparative Law, as well as an Assistant Professor in Private Law at Nova Law School in Lisbon. She specialises in Business and Human Rights. Claire regularly organizes events and delivers short courses and trainings in the field. Her work to date has resulted in a number of peer reviewed publications in English, French, Italian and Spanish, including in the following journals: International…

Business and Human Rights

Adrian Briggs QC

Biography Professor Adrian Briggs QC joined BIICL as Honorary Senior Fellow in 2021. He is Professor of Private International Law at the University of Oxford. His main interest has always been in private international law, and within that, in questions of civil jurisdiction and the effect of foreign judgments. He spent 15 years as one of the editors of Dicey, Morris and Collins, The Conflict of Laws, but his own perspective on the subject, in its increasingly European guise, was published…

Centre for Comparative Law+1

Constance Bonze

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Centre for Comparative Law+1

Julinda Beqiraj

Biography Dr. Julinda Beqiraj is the Maurice Wohl Senior Research Fellow in European Law. She works on a number of projects, including one on the role of the rule of law in the context of the 2030 Sustainable Development Goals, and one on barriers and solutions to access to justice across jurisdictions. She is also involved in the organization of Bingham Centre events on these issues. Julinda also works as an expert consultant for the Council of Europe, Commission on the Efficiency of Justice…

European Law+2

Chiann Bao

Biography Chiann Bao joined BIICL as Honorary Senior Fellow in 2019. She practises as an independent arbitrator and mediator and has previously practice as counsel at international law firms in Hong Kong and New York. Chiann is a Vice President of the International Chamber of Commerce, Court of Arbitration and Chair of the ICC Commission Task Force on ADR. Between 2010 and 2018, she served as Secretary General and then Council Member of the Hong Kong International Arbitration Centre. In these…

Hong Kong+1

Christine Bakker

Biography Christine holds a PhD in public international law from the European University Institute, Florence, and her main areas of research are human rights law including children's rights, international environmental law and climate change. She has published widely in these fields and has, inter alia, co-edited with Francesco Francioni, the book The EU, the US and Global Climate Governance, (Ashgate Publishing, 2014). She also carried out research for the Unicef Innocenti Research Centre…

Climate Change

Iris Anastasiadou

Biography Iris Anastasiadou joined BIICL as a Research Assistant in Public International Law and Migration in January 2020. She is participating in the Migrants at Sea Project, as well as the Integration of Migrants in Medium/Small Cities and Rural areas in Europe. She is also participating in the team to address current pandemic developments Iris holds an LLM from University College London (UCL) and an LLB from the University of York. Her master's thesis focused on cyber-attacks and the rules…

Law of the Sea+1

Ivano Alogna

Biography Ivano Alogna is Arthur Watts Research Fellow in Environmental and Climate Change Law at BIICL. He is also PhD candidate at the Sorbonne Law School, University of Paris 1 Panthéon-Sorbonne, in Paris. He has been appointed General Rapporteur of the Project "Global Pact for the Environment" (UN General Assembly resolutions 72/277 of 10.05.2018 and 73/333 of 5.09.2019, globalpactenvironment.org), coordinated by the French Constitutional Council and the Club des Juristes. He is member…

Climate Change+3

The Asia-Pacific Europe Law Institutes Alliance (APELIA) Conference 2021 Call for Papers

Call for Papers The Asia-Pacific Europe Law Institutes Alliance (APELIA) Conference 2021 Event - Tags Share Links Event - Timings and Location Introduction The Asia-Pacific Europe Law Institutes Alliance (APELIA) was founded by 18 prestigious law schools and legal research institutions cross the Asia-Pacific and Europe in 2019.…

AI and Data Worlds+3

Virtual Course: International Trade Law

EVENTS Virtual Course: International Trade Law Event - Tags Share Links Event - Timings and Location    Event Details The training course in International Trade Law offers an in-depth dynamic and applied knowledge of the regulatory framework of the multilateral trading system, covering both the institutional and substantive…

Investment and Trade

Class action certification: The implications of the Supreme Court’s Merricks Judgment

EVENTS Class action certification: The implications of the Supreme Court's Merricks Judgment Event - Tags Share Links Event - Timings and Location Co-organised with:  Event Details The panel will focus the recent developments in relation to class actions in the UK, discuss recent high profile litigations and take stock of…

Competition Law

ITF Meeting: Damages, Costs and Duration of Investment Treaty Arbitration

EVENTS ITF Meeting: Damages, Costs and Duration of Investment Treaty Arbitration Event - Tags Share Links Event - Timings and Location In collaboration with: Event Details Allen & Overy and the British Institute of International and Comparative Law are launching a joint report on "Damages and Costs in Investment Treaty Arbitration."…

Arbitration+2

International Criminal Responsibility: Current Challenges and Future Perspectives

EVENTS International Criminal Responsibility: Current Challenges and Future Perspectives Event - Tags Share Links Event - Timings and Location      Event Details This webinar will focus on individual criminal responsibility in international law, including the interpretation of the intricacies of Article 25 of the…

Courts and Tribunals+2

PLF Event: Applying Product Liability rules to online platforms

EVENTS PLF Event: Applying Product Liability rules to online platforms Event - Tags Share Links Event - Timings and Location    Event Details This seminar will examine this topical theme by reviewing the emerging US case law finding platforms / online marketplaces strictly liable in products cases (such as the Bolger…

AI and Data Worlds+2

Thirty Fifth ITF Public Conference: Evidence in Investor-State Arbitration

EVENTS Thirty Fifth ITF Public Conference: Evidence in Investor-State Arbitration Event - Tags Share Links Event - Timings and Location Sponsored by:                                     Media Partner: Event Details…

Arbitration+2

Swiss-UK Bilateral Relations outside EU Membership

EVENTS Swiss-UK Bilateral Relations outside EU Membership Event - Tags Share Links Event - Timings and Location Event Details Brexit has led to a new triangle of legal relations in Europe outside of EU membership: UK-EU; Swiss-EU; and UK-Swiss. The United Kingdom left the European Union on 31 January 2020. After 47 years of a…

AI and Data Worlds+5

The legal implications of the proposed German Supply Chain Act (Lieferkettengesetz)

EVENTS HRDD Forum: The legal implications of the proposed German Supply Chain Act (Lieferkettengesetz) Event - Tags Share Links Event - Timings and Location    Event Details  In March 2021, a German bill on mandatory human rights due diligence in supply chains was passed by the Federal Cabinet. The Lieferkettengesetz…

Business and Human Rights

Teaching International Law Webinar Series

EVENTS Teaching International Law Webinar Series Event - Tags Share Links Event - Timings and Location        Event Details The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors - including scholars, practitioners, civil society…

Centre for Comparative Law+2

Webinar Series: Business, Human Rights and the Environment in Europe

EVENTS Webinar Series: Business, Human Rights and the Environment in Europe: Connecting the Dots Event - Tags Share Links Event - Timings and Location       Series Overview With the support of the Portuguese Presidency of the Council of the European Union, the Nova Centre on Business, Human Rights and the Environment (NOVA…

Business and Human Rights+2

EU Pact on Migration and Asylum: Conversation with European Commission Vice President Schinas

EVENTS EU Pact on Migration and Asylum: Conversation with European Commission Vice President Schinas Event - Tags Share Links Event - Timings and Location Image courtesy of European Parliament    Event Details This event will involve a conversation between Margaritis Schinas, Vice-President for Promoting our European…

European Law+2

Law and Change in a Pandemic World

EVENTS Law and Change in a Pandemic World Event - Tags Share Links Event - Timings and Location Organised in Cooperation with  Event Details This event marks the start of a series on "Law and Change" initiated by BIICL in cooperation with Singapore Management University (SMU). The first seminar looks mainly at how the pandemic…

Centre for Comparative Law+3

ICLQ Annual Lecture 2021

EVENTS ICLQ Annual Lecture 2021 Event - Tags Share Links Event - Timings and Location Event Details  The Annual ICLQ Lecture this year will be based on the paper 'Artificial Intelligence and the Limits of Legal Personality'by Professor Simon Chesterman, Dean of the Law Faculty of the National University of Singapore. The…

International Law

A conversation with Sir Nicholas Green: Reflections on the changing competition law environment

EVENTS A conversation with Sir Nicholas Green: Reflections on the changing competition law environment Event - Tags Share Links Event - Timings and Location Sir Nicholas is the first lawyer with extensive experience in the fields of competition and EU law to become Chair of the Law Commission. He is of course also a member of…

Competition Law

Short Course: Climate Change Law

EVENTS Virtual Short Course: Climate Change Law Event - Tags Share Links Event - Timings and Location    Course Details This online course offers a comprehensive overview of climate change law and the legal responses to the current climate crisis. Bringing together a distinguished cohort of scholars and practitioners,…

Climate Change+2

Short Course: Business and Human Rights

EVENTS Short Course: Business and Human Rights Event - Tags Share Links Event - Timings and Location    Course Details Business and human rights is an area of international human rights law in continuous development at the international and national levels. On successful completion of BIICL's Business and Human Rights…

Business and Human Rights+1

Part 1: The Great Vaccination Passports Debate: “ID Cards on Steroids” or the Rational Way Forward?

This is a two-part blog series. In Part 1, Prof. Lilian Edwards discusses if there is a case for vaccine passports at all. In Part 2, Dr. Irene Pietrapaoli discusses the legal and practical detail of such schemes if it is decided to proceed. The UK Government recently consulted on setting up a "COVID-Status certification scheme" (CSCS), looking "to consider the ethical, equalities, privacy, legal and operational aspects of a potential certification scheme, and what limits, if any, should…

AI and Data Worlds+1

Part 2: Getting Digital Health Passports Right? Legal, Ethical and Equality Considerations

This is a two-part blog series. In Part 1 Prof. Lilian Edwards discusses if there is a case for vaccine passports at all. In Part 2, Dr. Irene Pietrapaoli discusses the legal and practical detail of such schemes if it is decided to proceed. The UK Government has just closed a public consultation on a 'COVID-Status certification scheme' (CSCS). We submitted our response where we make the following arguments. The Government should consider before commissioning new technologies…

AI and Data Worlds+1

Appointment and Removal of ISDS Arbitrators: Practical Problems and Prospects for Reform

EVENTS Appointment and Removal of ISDS Arbitrators: Practical Problems and Prospects for Reform Event - Tags Share Links Event - Timings and Location Image courtesy of ICSID         Sponsored By:                                   …

Arbitration+2

BIICL/Linklaters Antitrust Roundtable: Digital disruption in financial services

EVENTS BIICL/Linklaters Antitrust Roundtable: Digital disruption in financial services Event - Tags Share Links Event - Timings and Location Sponsored By: Event Details Competition objectives have helped to shape regulatory intervention in financial services for a number of years, facilitating entry by a range of digital innovators,…

Competition Law

Webinar Series: Rising Sea Levels: Promoting Climate Justice through International Law

EVENTS Webinar Series: Rising Sea Levels: Promoting Climate Justice through International Law Event - Tags Share Links Event - Timings and Location Sponsored by      Series Overview Low-lying coastal regions and island nations, are directly susceptible to threats posed by global warming and concomitant rise…

Climate Change+2

Protests During Lockdown (England): A Rule of Law Analysis

Executive Summary This report analyses the law governing protests during lockdown from a Rule of Law perspective. It ends by considering how far the right to protest will be protected by the new lockdown regulations, which are due to come into force on 29th March 2021 and will be debated by both Houses of Parliament on 25th March 2021 (The Public Health (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (SI 2021/364) (the "New Regulations")). This report is intended to assist…

COVID-19+1

Sustainability Considerations in Competition Enforcement

WEBINAR Sustainability Considerations in Competition Enforcement Event - Tags Share Links Event - Timings and Location    Event Details The twin crises of climate change and Covid-19 have brought home the urgent need for greater collaboration between businesses to achieve desirable social and political objectives. If…

Competition Law

Coronavirus, Hotel Quarantine Regulations (England) - A Rule of Law Analysis

Executive Summary The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021 (SI 2021/150) ("the Regulations") were made on 12 February 2021, and came into force at 4am on 15 February 2021. The Regulations amend four existing sets of regulations governing international travel. The most notable change made by the Regulations is the introduction of a system of hotel quarantine for travellers who have visited or passed through a "red list" county…

COVID-19+1

The importance of civil liability for a corporate human rights duty

Image courtesy of Sosialistisk Ungdom (SU)  Transcript of the intervention of Lise Smit in the webinar on Corporate Due Diligence and Civil Liability on 28 January 2021 organised by the Nova Centre on Business, Human Rights and the Environment with the support of the Portuguese Presidency of the Council of the European Union in partnership with the British Institute of International and Comparative Law, the Portuguese Ombudsman (Provedor de Justiça), the Teaching Business and Human…

Business and Human Rights+1

Latest Developments in the Extraterritorial Application of Human Rights Law

EVENTS Latest Developments in the Extraterritorial Application of Human Rights Law Event - Tags Share Links Event - Timings and Location     Event Details The question of whether and to what extent human rights obligations apply extraterritorially, notably in situations of armed conflict, continues to be hugely contested.…

Courts and Tribunals+1

Is the definition of a Gatekeeper in the DMA the right one?

EVENTS Is the definition of a Gatekeeper in the DMA the right one? Event - Tags Share Links Event - Timings and Location    Event Details With the internet revolution and the growing impact of the digital economy, we have seen the decline of some gatekeepers and the rise of other gatekeepers. With the forthcoming DMA…

AI and Data Worlds+1

Short Course: Law of the Sea

COURSE Short Course: Law of the Sea Event - Tags Share Links Event - Timings and Location      Course Details This course offers an informative overview of the international law of the sea and current challenges facing the world's oceans and seas. Bringing together a distinguished cohort of law of the sea scholars,…

Law of the Sea+1

New Report from the Modern Slavery PEC

Analysing the effectiveness of the Modern Slavery Act's Transparency in Supply Chains measures. Today the Modern Slavery Policy and Evidence Centre will launch its report 'Analysing the effectiveness of the Modern Slavery Act's Transparency in Supply Chains measures' The report, produced by the Bonavero Institute for Human Rights  and the Bingham Centre, analyses how effective the Modern Slavery Act has been in holding UK businesses accountable for modern slavery in their supply…

Modern Slavery

ICLQ 2020 Early Career Prize Winner Announced

Javier García Olmedo named ICLQ Early Career Prize winner for 2020 Today BIICL announced that Javier García Olmedo,  has been awarded this year's International and Comparative Law Quarterly Early Career Prize for his article 'Recalibrating the International Investment Regime Through Narrowed Jurisdiction' which appeared in Volume 69 Issue 2 of the Journal. The ICLQ Early Career Prize is awarded annually to the best article by an early career scholar and is generously supported by Cambridge…

ICLQ+1

Effectiveness of Section 54 of the Modern Slavery Act

Report analysing how effective section 54 has been in holding UK businesses accountable for modern slavery in their supply chains. Executive summary In 2015, the Government of the United Kingdom (Government) introduced section 54 (section 54) of the Modern Slavery Act 2015 (MSA). Section 54 requires businesses with a certain annual turnover to publish a 'slavery and human trafficking statement' (MSA statement) every year. In the express intention of the lawmakers, the MSA statement would…

Business and Human Rights+1

VBER Modernisation

WEBINAR VBER Modernisation Event - Tags Share Links Event - Timings and Location Event Details Since the adoption of the current VBER and Vertical Guidelines, there have been a number of market developments, notably the growth of online sales and of new market players such as online platforms. The purpose of the current Commission's…

Competition Law

Industrial Policy and Competition Enforcement

EVENTS Industrial Policy and Competition Enforcement Event - Tags Share Links Event - Timings and Location Co-organised With Event Details In March 2020, the Commission presented a new strategy to help Europe's industry lead. The strategy aims to drive Europe's competitiveness and its strategic autonomy at a time of moving geopolitical…

Competition Law

Contesting AI Explanations in the UK

EVENTS Contesting AI explanations in the UK Event - Tags Share Links Event - Timings and Location Co-organised by BIICL and Event Details Legal explanations of artificial intelligence (AI) are shaping its future. The General Data Protection Regulation includes a 'right to explanation' that secures a limited opening of the algorithmic…

AI and Data Worlds+1

Power and the COVID-19 Pandemic

EVENTS Power and the COVID-19 Pandemic Event - Tags Share Links Event - Timings and Location Hosted by the Verfassungsblog and supported by Democracy Reporting International, RECONNECT and the Bingham Centre for the Rule of Law  Event Details One year on how has the COVID-19 pandemic affected the law and the way…

COVID-19+2

New Honorary Senior Fellows Appointed

The Centre for Comparative Law is delighted to have appointed two new Honorary Senior Fellows  Professor Andrew Dickinson  and Professor Adrian Briggs , both from the University of Oxford will support the work of the centre. The director of the Centre for Comparative Law offered a warm welcome to both.

Centre for Comparative Law

Short Course: Public International Law in Practice

EVENTS Short Course: Public International Law in Practice Event - Tags Share Links Event - Timings and Location     Course Details The Public International Law in Practice course offers a dynamic introduction into applied public international law from the British Institute of International and Comparative Law. The…

Arbitration+6

Beyond Restitution: Exploring the Story of Cultural Objects After Their Repatriation

BIICL is undertaking a project 'Beyond Restitution: Exploring the Story of Cultural Objects After Their Repatriation', which will seek to offer a longer-term view on restitution through an analysis of past experiences. Whilst so far research has focused on the legal framework applicable to de-accessioning museum objects and the processes adopted to address restitution claims, this project will study the impact of restitution once objects have changed hands. Therefore, it will seek to…

Cultural Heritage

The Representative Actions Directive - a class action for Europe?

After many years of discussion, the EU Representative Actions Directive was finally promulgated in early December last year. The European institutions have had a long-standing interest in consumer redress & group actions dating back to at least 1980s. The first concrete result of that was the Injunctions Directive passed in 1998, which though solely a regulatory measure, was nonetheless very significant development as the first EU legislation covering in a general way on civil procedural…

Collective Redress+3

Government Messaging on Exercising during Lockdown - A Rule of Law Analysis

Executive Summary The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 currently require every person who lives in England to stay at home, unless they have a reasonable excuse for being outside the place where they are living. The Regulations specify that taking exercise outdoors is a reasonable excuse, with some restrictions. The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 currently require every person who…

COVID-19+1

The Representative Actions Directive – a class action for Europe?

EVENTS The Representative Actions Directive - a class action for Europe? Event - Tags Share Links Event - Timings and Location    Event Details This webinar will examine the recently-adopted EU Representative Actions Directive and consider its impact on cross-border and domestic collective redress actions across Europe.…

Collective Redress+5

BIICL Undertakes New Project on the Restitution of Cultural Objects

BIICL is undertaking a project 'Beyond Restitution: Exploring the Story of Cultural Objects After Their Repatriation', which will seek to offer a longer-term view on restitution through an analysis of past experiences. Whilst so far research has focused on the legal framework applicable to de-accessioning museum objects and the processes adopted to address restitution claims, this project will study the impact of restitution once objects have changed hands. Therefore, it will seek to inform…

Centre for International law+1

Launch of Empirical Study on Annulment in Investor-State Disputes

EVENTS Launch of Empirical Study on Annulment in Investor-State Disputes Event - Tags Share Links Event - Timings and Location Co-organised in partnership with:       Event Details On 28 January 2021 BIICL and Baker Botts will present the first comprehensive empirical study on annulment in investment…

Arbitration+1

Reimagining the law video presentations 28 January 2021

Reimagining the law video presentations 28 January 2021 Decolonise the legal curriculum RTL 19 Jan 28 Michael Olatokun - Decolonizing the Legal Curriculum I wish that the contribution of African thinkers to the Rule of Law, human rights and democracy was more prominent in my legal education. Without leading black thinkers in the textbooks it is hard to imagine becoming one myself. Michael Abiodun Olatokun FRSA The Bingham Centre, BIICL

Reimagining the Law

HRDD Forum: Human Rights Due Diligence in Contracts

EVENTS HRDD Forum: Human Rights Due Diligence in Contracts Event - Tags Share Links Event - Timings and Location     Event Details Company surveys show that contractual clauses are the most frequently used mechanism for supply chain human rights due diligence. Yet supplier surveys show that contractual obligations,…

Business and Human Rights

Reimagining the law video presentations 27 January 2021

Reimagining the law video presentations 27 January 2021 Making SDG 16 Real RTL 19 Jan 27 Making SDG16 real - Jeremy Gilley We can, today, assess our laws against the UN's Sustainable Development Goals and in particular Goal 16 - for Peace, Justice and the Rule of Law. Let's commission a report from the Bingham Centre on the extent to which SDG 16 is reflected in the everyday law-making processes of democratic states.Jeremy Gilley Peace One Day.

Reimagining the Law

Reimagining the law video presentations 26 January 2021

Reimagining the law video presentations 26 January 2021 Support not stigma RTL 19 Jan 26 Andrew Wells - Support not stigma Much has been said about the level of stress and mental ill-health amongst lawyers. Why don't we make mental health awareness a compulsory topic in legal education, create a forum for practitioners to share their experiences of mental ill health and recovery, and work to create a culture of support, not stigma, at all levels of our profession?Andrew Wells Herbert Smith…

Reimagining the Law

Competition Enforcement after Brexit: Agreements, Unilateral Conduct and State Aid

EVENTS Competition Enforcement after Brexit: Agreements, Unilateral Conduct and State Aid Event - Tags Share Links Event - Timings and Location      Event Details There are major transitional issues around Brexit, especially concerning cases that will be under investigation when the UK leaves the EU and situations…

Brexit+1

Reimagining the law video presentations 22 January 2021

Reimagining the law video presentations Health Inequalities RTL 22 Jan 21 Health Inequalities Professor Emily Jackson To address widening health inequalities, health impact assessments of new (and existing) laws and policies should be routine. Precarious jobs, punitive benefits sanctions and legal aid cuts are not just unfair, they also ensure that the poorest and most marginalised citizens experience more ill health and have shorter life expectancies.Professor Emily Jackson OBE FBA London…

Reimagining the Law

Civil Remedies and Human Rights in Flux

On 22-26 October 2020, the Bonavero Institute of Human Rights (Faculty of Law, University of Oxford) hosted an online roundtable to discuss challenges and opportunities for using civil claims against state and non-state actors as a mechanism for human rights accountability ("Roundtable"). This Roundtable was part of the research project funded by the Oak Foundation to conduct a comparative study of civil liability for human rights violations across several jurisdictions in the Global…

Business and Human Rights+1

Reimagining the law video presentations 21 January 2021

Reimagining the law video presentations 21 January 2021 Brand management and the law RTL 21 Jan 21 Brand Management and the Law Dame Elizabeth Gloster Every trading contract has a governing law which is the Intel Inside of a trading nation- a hidden magnet drawing investment. Other countries spend daily to replace English law with their alternative. We need a UK legal brand to sustain inward investment and to maintain our financial and insurance industries.Dame Elizabeth Gloster DBE PC One…

Reimagining the Law

Reimagining the law video presentations 20 January 2021

Reimagining the law video presentations Access to Justice RTL Access to Justice Christine O'Neill The use of virtual platforms for participating in and observing court proceedings should be expanded to enable much wider public access, reduce unnecessary waiting times and costs for users and increase public knowledge and understanding of the work of justice systems.Christine O'Neill Brodies LLP

Reimagining the Law

Forum on Investor-State Mediation - recordings

Forum on Investor-State Mediation: Recordings On 8-9 December 2020, the Investment Treaty Forum of the British Institute of International and Comparative Law (BIICL), in cooperation with the ISDS Mediation Working Group, organised a conference on Investor-State Mediation. The event was conveyed by Prof. Yarik Kryvoi of BIICL, Wolf von Kumberg of IDR London and Prof. Malik R. Dahlan of BIICL and Queen Mary University London. It brought together participants from the investor-state…

Arbitration+1

Reimagining the law video presentations 19 January 2021

Reimagining the law video presentations  Freedom of Expression RTL 19 Jan 21 Freedom of Expression - Lord Neuberger  In an era of no-platforming we need to remind people of the importance of freedom of expression and that as Stephen Sedley so accurately said, "Freedom only to speak inoffensively is not worth having"The Rt Hon Lord Neuberger of Abbotsbury One Essex Court Chambers

Reimagining the Law

Investor-State Mediation: Trends, Risks and Opportunities

On 8-9 December 2020, the Investment Treaty Forum of the British Institute of International and Comparative Law (BIICL), in cooperation with the ISDS Mediation Working Group, organised a conference on Investor-State Mediation. The event was conveyed by Prof. Yarik Kryvoi of BIICL, Wolf von Kumberg of IDR London and Prof. Malik R. Dahlan of BIICL and Queen Mary University London. It brought together participants from the investor-state mediation community, including mediation practitioners,…

Arbitration+1

What does human rights due diligence for climate change impacts look like?

The collected presentations of the BIICL webinar series "Human Rights Due Diligence for Climate Change Impacts" is now available here. BIICL held the webinar series 'Human Rights Due Diligence for Climate Change Impacts' from 10 September to 1 October 2020. This topic came to our attention as requiring further consideration when we were leading a study for the European Commission  on regulatory options for mandatory human rights and environmental due diligence. The study showed that…

Business and Human Rights+2

Webinar Series: Episode 5: Business and Human Rights Developments in Greece

Webinar Series: Business and Human Rights Developments in Southern Europe Series Episode 5: Business and Human Rights Developments in Greece Event - Tags Share Links Event - Timings and Location Jointly organised by BIICL and Nova School of Law Concept Various jurisdictions across the world have adopted National Action Plans…

Business and Human Rights

Human Rights Due Diligence for Climate Change Impacts: Webinar Series Report

This report has been updated on 14 January 2021 The British Institute of International and Comparative Law (BIICL) held the webinar series 'Human Rights Due Diligence for Climate Change Impacts' from 10th September to 1st October 2020, as part of the newly established BIICL Human Rights Due Diligence Forum. Developments around mandatory human rights due diligence laws are multiplying across Europe, and increasingly include climate change impacts within their scope. As a result, companies,…

Business and Human Rights+2

Emissions Trading: International Law and Dispute Resolution

On 18 November 2020, the Investment Treaty Forum of the British Institute of International and Comparative Law (BIICL), along with Three Crowns LLP, co-hosted a conference on Emissions Trading: International Law and Dispute Resolution. Professor Yarik Kryvoi opened the conference and introduced the speakers. The chair of the panel was Kathryn Khamsi of Three Crowns LLP. The other panellists were William Acworth of the International Carbon Action Partnership, Lisa DeMarco of DeMarco Allan LLP…

Arbitration+3

Views across the channel on digital regulation

As the slogan 'get Brexit done' became somehow a -forced- reality on January 1st, it is tempting and timely to comment on three themes, having chosen three out of many, on two recent developments: The proposal for a Digital Markets Act (DMA) in the European Union (EU) and the recommendations issued by the Digital Markets Taskforce (DMT recommendations) in the United Kingdom (UK). As a general overview, the proposal for a DMA seems to show that the European Commission (Commission) is trying…

AI and Data Worlds+2

Resource Pack: Force majeure and hardship in commercial contracts cross-border and comparative perspectives

RESOURCE PACK Force Majeure and Hardship in Commercial Contracts: Cross-border and Comparative Perspectives     Webinar Details On 8 April 2020 this webinar examined the legal consequences of a party's inability to perform a contract due to events outside their control, by comparing and contrasting a series of different juridictions including the US, France and the UK. An analysis was made of the issue of force majeure / and hardship…

Comparative Law+4

Recording: Government response to the pandemic: balancing public health and investment protection

RECORDING Government response to the pandemic: balancing public health and investment protection Event details As states face difficult choices to protect public health and keep their economies afloat, their treatment of foreign investors in this crisis is yet to be tested by investor-state tribunals. The pandemic led governments around the world to take unpopular and often unprecedented measures such as regulating prices and imposing export…

Arbitration+3

Recording: Termination of Intra-EU BITs: Legal and Government response to the pandemic

RECORDING Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes Event details 23 Member States of the European Union signed on 5 May 2020 agreement for the termination of intra-EU bilateral investment treaties. This agreement implements the 2018 judgment of the European Court of Justice, in which the Court found that intra-EU BITs violate the EU Treaties. The termination agreement implements the March…

Arbitration+3

Sensible Tech Regulation in the UK

EVENTS Sensible Tech Regulation in the UK Event - Tags Share Links Event - Timings and Location     Event Details This webinar considers the regulatory tech landscape in the UK. Where are we coming from and where we are going to? The European Digital Services Act package is due out in December, but UK tech regulation…

AI and Data Worlds+1

Webinar Series: Episode 4: Business and Human Rights Developments in Switzerland

Webinar Series: Business and Human Rights Developments in Southern Europe Episode 4: Business and Human Rights Developments in Switzerland Event - Tags Share Links Event - Timings and Location Jointly organised by Nova School of Law and BIICL    Concept Various jurisdictions across the world have adopted National Action…

Business and Human Rights

Competition Enforcement after Brexit: Merger Enforcement

EVENTS Competition Enforcement after Brexit: Merger Enforcement Event - Tags Share Links Event - Timings and Location Co hosted with  Event Details What has been regarded as one of the main risks that Brexit poses to antitrust enforcement is its potential for neglect. As the CMA has discretion to prioritise its antitrust…

Competition Law

Reimagining International Courts and Tribunals Round Up

Reimagining International Courts and Tribunals Round Up Eagerness, however welcome, to create new international courts, tribunals, and monitoring bodies is damaging if it outruns the capacity to ensure their adequate composition and administration. The remedy: more realism in internal but also external expectations, backed by proper financing, and commitment to depoliticising elections, but re-politicising support for outcomes.  Sir Frank Berman KCMG QC    Reduce the distance…

Courts and Tribunals+1

Making a case for Digital Utilities

Oscar Wilde once said that 'as people are old enough to know better, they don't know anything at all'. Notions from the past may be viewed as outdated from the perspective of a new generation. Understandings evolve for different reasons, among others, fuelled by rapid technological changes and the fundamental importance of innovation in the case of the digital economy. This may be the case of the utilities sector traditionally understood as telecoms, gas, electricity, transportation, postal…

AI and Data Worlds+1

Harry Weinrebe Memorial Lecture: Inclusivity and the Law

EVENTS Annual Harry Weinrebe Memorial Lecture: Inclusivity and the Law: Do We Need to Prohibit Class Discrimination? Event - Tags Share Links Event - Timings and Location    Event Details This year, the Harry Weinrebe Memorial Lecture will celebrate Human Rights Day by highlighting the key cross-cutting human right:…

Courts and Tribunals+2

Reimagining Treaty Bodies

Reimagining Treaty Bodies  10 December    The domestic influence of treaty bodies' jurisprudence should be strengthened. This could be accomplished by increasing the visibility of their work, including access to their jurisprudence, enhancing human rights education globally, comparatively interpreting human rights, pressuring governments to honour their international legal obligations, and effectively implementing human rights treaties domestically.  Dr Leena Grover …

Courts and Tribunals+1

Both Winning Articles of Prestigious Law of the Sea Prize Published in ICLQ

The Association Internationale du Droit de la Mer has announced the joint winners of its prestigious Daniel Vignes prize, awarded biennially since 2016. We are delighted that both winning papers were published in the ICLQ, and offer our congratulations to Nicholas Ioannides and Massimo Lando. Nicholas A. Ioannides: "The Legal Framework Governing Hydrocarbon Activities in Undelimited Maritime Areas" (2019) 68 ICLQ 345 Massimo Lando: "Judicial Uncertainties Concerning Territorial Sea Delimitation…

ICLQ

Product Liability Forum | Compensation Schemes for COVID-19 vaccines: UK, comparative and international perspectives.

EVENTS Product Liability Forum | Compensation Schemes for COVID-19 vaccines: UK, comparative and international perspectives. Event - Tags Share Links Event - Timings and Location    Event Details This seminar will focus on the topic of compensation for potential adverse events caused by CV-19 vaccines. There have been…

Comparative Law+2

Reimagining Regional Human Rights Courts 9 December

Reimagining Regional Human Rights Courts  9 December Rethinking Enforcement of International Refugee Law In the face of the worst refugee crisis since World War II, enforcement of the global legal framework for refugee protection must be reimagined. Perhaps what is needed is a specialized international mechanism that: 1). holds States accountable; while 2). Incentivizing them to protect refugees as a global public good. Professor Hannah Garry Reimagining the ECtHR as a Climate Court…

Courts and Tribunals+1

Forum on Investor-State Mediation

EVENTS Forum on Investor-State Mediation Event - Tags Share Links Event - Timings and Location Media Partner: Read the event summary  |  Watch the recordings of the presentations  Event Details On 8-9 December 2020, the Investment Treaty Forum of the British Institute of International and Comparative…

Arbitration+3

Reimagining the International Court of Justice 8 December

Reimagining the International Court of Justice 8 December [No!] Salvation does not lie in the compulsory jurisdiction of the Court but in the patient learning by States of the virtues of settling disputes by judicial means. It is not major and politically sensitive disputes that should be submitted to the Court, but the "lambda" disputes that poison bilateral relations [without threatening international peace and security]. Alain Pellet The ICJ should work with two chambers (having identical…

Courts and Tribunals+1

National implementation of human rights: Global survey of State implementation systems and processes

New study into implementation of human rights commitments It was announced today that The Bingham Centre for the Rule of Law, at BIICL, the Universal Rights Group, the University of Bristol and Freshfields Bruckhaus Deringer are starting a new project to conduct, for the first time, a global survey to understand the systems and processes that States have put in place to implement their international human rights commitments. The project will focus on decisions and recommendations emanating…

Human Rights and IHL+1

Reimagining the International Court of Justice 7 December

Reimagining the International Court of Justice 7 December Geographical distribution in the election of judges ensures that the ICJ reflects the diverse post-colonial membership of the UN; but the bench is still far from achieving gender balance. The composition of the self-constituted ICJ bar is even less inclusive, with a notable absence of both women and persons of colour, replicating the same historical inequities that we claim to challenge through the legitimacy of international law.…

Courts and Tribunals+1

Reimagining International criminal tribunals and the International Criminal Court Friday 4th December

Reimagining International criminal tribunals and the International Criminal Court Friday 4th December There is mistrust between the ICC and Assembly of States Parties, as confirmed by an expert review. There no longer exists a shared understanding over the Court's purpose and mandate. The Court and States need a fresh dialogue, reimagining an ICC Shehzad Charania MBE I would like to reimagine the ICC as having the power to try corporations/legal entities alongside individuals. Corporate…

Courts and Tribunals+1

AI & Data Worlds Events and publications

AI & Data Worlds Events and Publications  AI and Data worlds Activities The British Institute of International and Comparative Law (BIICL) has a wide ranging programme of events and publications many of which examine the key issues around the use of AI and consider its  implications. Events  09 October 2017 Artificial Intelligence, Big Data and the Rule of Law  18 May 2020 COVID-19, Artificial Intelligence and Data Governance:…

AI and Data Worlds

Reimagining International criminal tribunals and the International Criminal Court Thursday 3rd December

Reimagining International criminal tribunals and the International Criminal Court Thursday 3rd December    Any future ad hoc international(ised) tribunal or investigative commission collecting evidence on its behalf, must fully comply with all procedural laws of the State where the crimes were alleged. Avoiding this obligation may superficially facilitate rapid evidence collection, but ultimately leads to wasted resources, delays in proceedings and substantial unfairness. Geoff Roberts…

Courts and Tribunals+1

Reviewing the Review: What Needs to Change at the International Criminal Court?

On the 20th of November 2020, the British Institute of International and Comparative Law (BIICL) hosted a webinar titled: 'Reviewing the Review: What Needs to Change at the International Criminal Court?'. Chaired by Shehzad Charania MBE, the webinar examined the Independent Expert Review (IER) of the International Criminal Court (ICC), a review which had been commissioned by the ICC Assembly of States Parties (ASP) and which submitted its report on the 30th of September 2020. The overall mandate…

Courts and Tribunals+2

Reimagining International criminal tribunals and the International Criminal Court | 2 December

Reimagining International criminal tribunals and the International Criminal Court Wednesday 2nd December International criminal lawyers should abandon the inflexibility with which they identify as "Prosecutors", or "Defence counsel" or "Chambers", and move around within the system. Walking a trial in another person's shoes may reduce combativeness between parties, and build the mutual respect and collegiality that makes trials more efficient. Kate Gibson General Assembly and Security Council…

Courts and Tribunals+1

Reimagining International criminal tribunals and the International Criminal Court | 1 December

Reimagining International criminal tribunals and the International Criminal Court  Tuesday 1st December A broad network to enforce accountability is emerging with UN-backed international and hybrid tribunals, fact-finding missions, and the new 'mechanisms'. These should all be required to join forces through a single highly specialised hub (for HR, finance, procurement, witness protection, forensics...), allowing each to focus on its own specific mandate. Dr Guido Acquaviva Many said…

Courts and Tribunals+1

Breathing Space - Guidelines for the resolution of disputes in the 2020 pandemic

EVENTS Breathing Space - Guidelines for the resolution of disputes in the 2020 pandemic Event - Tags Share Links Event - Timings and Location     Event Details BIICL's "Breathing Space" series considers how the legal and business communities might respond to the COVID-19 pandemic in order to foster economic recovery.…

AI and Data Worlds+9

Sensible Tech Regulation in the EU

EVENTS Sensible Tech Regulation in the EU Event - Tags Share Links Event - Timings and Location    Event Details The discussion is no longer focusing on whether or not Europe should have regulation relating to the functioning of online markets, but rather what is it going to look like. The European Commission is grouping…

AI and Data Worlds+1

Cool Britannia: On the UK’s pragmatic approach to regulate Big Tech

(i) The UK and regulatory pragmatism Cool Britannia is not exactly in vogue nowadays. There may be, however, reasons to be optimistic about a potential cool approach taken by the British authorities on digital regulation. The traditional pragmatism perhaps intrinsically linked to the British common law legal system may reflect a different stance on markets requiring some form of State intervention in the form of regulation but at the same time a degree of flexibility. This could be the case…

AI and Data Worlds+1

29th Annual SLS/BIICL Workshop on Theory in International Law

Online 29th Annual SLS/BIICL Workshop on Theory in International Law:  Celebrating the 'Historical Turn': International Law in Global Histories Event - Tags Share Links Event - Timings and Location Organised in collaboration with the Society of Legal scholars       Event details Over the last two decades,…

Centre for International law+2

When Private Vessels Rescue Migrants: Legal Implications

EVENTS When Private Vessels Rescue Migrants: Legal Implications Event - Tags Share Links Event - Timings and Location This event is part of the Maritime Search and Rescue: Responsibilities and Implications Project funded by: Event Details The past 2 decades have seen growing numbers of migrants, and would-be asylum seekers,…

Migration

BIICL publishes new report: When Private Vessels Rescue Migrants and Refugees

BIICL is delighted to launch a new report: When Private Vessels Rescue Migrants and Refugees: A Mapping of Legal Considerations.  The report, which is the main output of a Mirpuri Foundation funded research project, explores the law around search and rescue particularly from the perspective of private vessels. It does so by undertaking a systemic analysis of how the UNGP's Second Pillar principles apply in the rescue context and by highlighting the commercial implications of search and…

Migration

When Private Vessels Rescue Migrants and Refugees: A Mapping of Legal Considerations

BIICL is delighted to launch a new report entitled: When Private Vessels Rescue Migrants and Refugees: A Mapping of Legal Considerations. The report, which is the main output of a Mirpuri Foundation funded research project, explores the law around search and rescue particularly from the perspective of private vessels. The report is organised as follows: Setting the context The Obligation to Rescue Human Rights Responsibilities Commercial Implications Recommendations Publication…

Migration

Prof. Yarik Kryvoi delivers presentation at UNCTAD's Virtual IIA Conference 2020

On Monday, 23 November Prof. Yarik Kryvoi contributed to the UNCTAD's Virtual IIA Conference 2020: 'IIA Reform in Times of COVID-19' In his five minute presentation Prof. Yarik Kryvoi gave an overview of several projects relevant to the reform of international investment agreements that the Investment Treaty Forum is currently working on or have just completed. This included projects on corruption and FDI, corporate restructuring and ISDS, as well as tackling inequalities in international…

Arbitration+1

Sensible Tech Regulation in the EU

This blog discusses the ongoing deliberations surrounding the EU Digital Services Act ('DSA') and Digital Markets Act ('DMA') and the implications for innovation following the initiatives from the European Commission (the 'Commission'). This goes to the core of the tensions we are trying to address in thinking about a regulatory system. These regulatory initiatives and impact on innovation were debated during two round table discussion hosted on 13 October and 5 November 2020 with speakers…

AI and Data Worlds+1

Reviewing the Review: What Needs to Change at the International Criminal Court?

EVENTS Reviewing the Review: What Needs to Change at the International Criminal Court? Event - Tags Share Links Event - Timings and Location Event Details On 30 September 2020, the Independent Expert Review (IER) of the International Criminal Court submitted its final report assessing the work of the Court, a review which had…

Courts and Tribunals+2

Emissions Trading: International Law and Dispute Resolution

EVENTS Emissions Trading: International Law and Dispute Resolution Event - Tags Share Links Event - Timings and Location Recording of the main presentations (discussions were not recorded) Emissions Trading: International Law and Dispute Resolution In collaboration with:       Read the event summary …

Arbitration+3

The Limits of State Regulatory Powers: 34th ITF Public Conference Summary

On 10-11 September 2020, the Investment Treaty Forum of the British Institute of International and Comparative Law (BIICL) organised a conference on State Regulatory Powers and Their Limits. The conference gathered representatives of states, experienced practitioners, and academics working on these matters. Prof Yarik Kryvoi opened the conference and highlighted the importance of reassessing regulatory powers of states, particularly in the context of the Covid-19 pandemic and Brexit. He introduced…

Arbitration+1

Human Rights and Small States: Challenges, Resilience, and Advocacy

EVENTS Human Rights and Small States: Challenges, Resilience, and Advocacy Event - Tags Share Links Event - Timings and Location Event partners      Event Details Wilmer Cutler Pickering Hale and Dorr LLP, the Institute of Small and Micro States(ISMS), and BIICL will host a two-day conference on human rights as…

Climate Change+2

Book Launch: Business, Human Rights and Transitional Justice

EVENTS Book Launch: Business, Human Rights and Transitional Justice Event - Tags Share Links Event - Timings and Location Event Detail The Oxford Business and Human Rights Network and the Oxford Transitional Justice Research host the  launch of  'Business, Human Rights and Transitional Justice' (Routledge, 2020) …

Business and Human Rights

The UK, European Human Rights and the Rule of Law: Seventy Years of the ECHR and Twenty Years of the HRA - A Time for Celebration?

WEBINAR The UK, European Human Rights and the Rule of Law: Seventy Years of the ECHR and Twenty Years of the HRA - A Time for Celebration? Event - Tags Share Links Event - Timings and Location Co-organised with  Event Details This webinar is being held to celebrate the 70th anniversary of the European Convention on Human…

Courts and Tribunals+3

COVID-19 Vaccine Briefing

Briefing paper calls for bespoke compensation scheme to be created for possible adverse effects caused by a COVID-19 vaccine BIICL Senior Research Fellow in Comparative Law & Director, Product Liability Forum Professor Duncan Fairgrieve is part of the interdisciplinary project on Covid-19 vaccines which also includes researchers from the University of Manchester and Oxford University. The group today publish a briefing paper arguing in favour of a new UK national compensation scheme for…

COVID-19

COVID-19 vaccines: in favour of a bespoke compensation scheme for adverse effects A briefing paper

COVID-19 vaccines: in favour of a bespoke compensation scheme for adverse effects is a briefing paper on behalf of a group of specialists drawn from different disciplines setting out the arguments in favour of a bespoke compensatory scheme for adverse effects to a COVID-19 vaccine(s). The paper outlines their view that a no-fault compensation scheme could play a valuable role in relation to the acceptability of emergency COVID-19 vaccines. Publication - Download…

COVID-19

Competition Policy in a Changing Political Landscape

PARTNER EVENTs Competition Policy in a Changing Political Landscape Time for a reset? Event - Tags Share Links Event - Timings and Location    Event Details Competition policy and regulation has relatively clearly defined goals, including the enhancement of consumer welfare and the pursuit of market efficiency. In the…

Competition Law

Webinar Series: Episode 3: Business and Human Rights Developments in Italy

Webinar Series: Business and Human Rights Developments in Southern Europe Episode 3: Business and Human Rights Developments in Italy Event - Tags Share Links Event - Timings and Location Jointly organised by Nova School of Law and BIICL Concept Various jurisdictions across the world have adopted National Action Plans in Business…

Business and Human Rights

Webinar Series: Business and Human Rights Developments in Southern Europe

Webinar Series:: Business and Human Rights Developments in Southern Europe  Event - Tags Share Links Event - Timings and Location Jointly organised by Nova School of Law and BIICL Concept Various jurisdictions across the world have adopted National Action Plans in Business and Human Rights and have enacted legislations or…

Business and Human Rights

BIICL Statement on Amendments to the UK Internal Market Bill

BIICL welcomes amendments made to the UK Internal Market Bill The British Institute of International and Comparative Law welcomes amendments made to the UK Internal Market Bill on Monday 9 November by the House of Lords that have removed a proposed power for Ministers to legislate "notwithstanding" international law. The proposed power amounted to a repudiatory breach of international obligations under the Withdrawal Agreement, a treaty which the UK freely entered into earlier this year. Compliance…

International Law+2

BIICL Annual WTO Conference

BIICL Annual WTO Conference Share LinksThe prestigious BIICL Annual WTO Conference brings together leading academics and practitioners to explore emerging ideas and the most recent developments in the field of international trade law. The first conference was held in the year 2000 under the leadership of Prof. John Jackson and Sir Francis Jacobs KCMG QC, former British Advocate General at the European Court of Justice. For many years, the conference was scheduled to coincide…

Investment and Trade

The Virtual Kaplan Lecture 2020: Omnipotence Fantasies

PARTNER EVENT The Virtual Kaplan Lecture 2020: Omnipotence Fantasies Event - Tags Share Links Event - Timings and Location Event Details The Kaplan Lecture 2020 will be delivered by Jan Paulssson on the topic 'Omnipotence Fantasies' About the Speaker Jan Paulsson, a founding partner of Three Crowns LLP, has practiced exclusively…

Arbitration

SIDRA-BIICL Webinar: Implications of China’s Doctrine of Strict State Immunity on Belt & Road Disputes

SIDRA-BIICL Webinar: Implications of China's Doctrine of Strict State Immunity on Belt & Road Disputes Event - Tags Share Links Event - Timings and Location Event Details SIDRA and the British Institute of International and Comparative Law (BIICL) are pleased to jointly present this webinar on state immunity. The doctrine…

BIICL Global+2

Disrupting the disrupters – antitrust strikes back

ONLINE ROUNDTABLE Disrupting the disrupters - antitrust strikes back Event - Tags Share Links Event - Timings and Location Event Details The digital economy has been a key focus for antitrust authorities and governments globally in recent years, but 2020 marks a step change where we are beginning to see thousands of pages of…

Competition Law

Health Protection (Coronavirus Restrictions) (England) (No. 4) Regulations: A Rule of Law Analysis

Executive Summary This Report provides Rule of Law criteria to assist MPs in their scrutiny of the newest coronavirus national lockdown Regulations for England. The Regulations ought to be necessary and proportionate to restrict the transmission of coronavirus. The Regulations satisfy the Rule of Law criteria that they are time-limited. As part of the requirement to be proportionate, the Regulations ought to have a scientific basis, and if the science is not followed, there ought to be…

COVID-19+1

The Rule of Law in the technological age

EVENTS The Rule of Law in the technological age Event - Tags Share Links Event - Timings and Location Co-organised with:      Event Details We are living in an age of profound technological advancements, where artificial intelligence (AI) - the development of systems that simulate human intelligence - has increasing…

AI and Data Worlds+1

Short Course: Business and Human Rights

EVENTS Short Course: Business and Human Rights Event - Tags Share Links Event - Timings and Location    Event Details Business and human rights is an area of international human rights law in continuous development at the international and national levels. On successful completion of BIICL's Business and Human Rights…

Business and Human Rights+1

Day 2: The 2020 BIICL Annual WTO Conference

EVENTS Day 2: The 2020 BIICL Annual WTO Conference Event - Tags Share Links Event - Timings and Location Sponsored by                      Event Details The British Institute of International and Comparative Law (BIICL) is delighted to announce its prestigious WTO…

Investment and Trade

Day 1: The 2020 BIICL Annual WTO Conference

EVENTS Day 1: The 2020 BIICL Annual WTO Conference Event - Tags Share Links Event - Timings and Location Sponsored by                         Event Details The British Institute of International and Comparative Law (BIICL) is delighted to announce its prestigious…

Investment and Trade

The 2020 BIICL Annual WTO Conference

EVENTS The 2020 BIICL Annual WTO Conference Event - Tags Share Links Event - Timings and Location Sponsored by           Event Details The British Institute of International and Comparative Law (BIICL) is delighted to announce its prestigious WTO Conference. Established in 2000, the WTO Conference…

Investment and Trade

Improving racial justice and equality through education

EVENTS Improving racial justice and equality through education Event - Tags Share Links Event - Timings and Location    Event Details Equality is a key component of the Rule of Law. Despite this, a series of recent commissions, reviews and inquiries have made clear that the lived experience of many black Britons is…

Rule of Law

Virtual Course: Climate Change Law

ONLINE Virtual Course: Climate Change Law Event - Tags Share Links Event - Timings and Location Course Details This online course offers a comprehensive overview of climate change law and the legal responses to the current climate crisis. Bringing together a distinguished cohort of scholars and practitioners, the course is designed…

Climate Change+2

Trade, Tech, and Artificial Intelligence: Exporting British Values?

EVENTS Trade, Tech, and Artificial Intelligence: Exporting British Values? Event - Tags Share Links Event - Timings and Location Organised in conjunction with  Event details The UK industrial strategy sets out grand challenges to put UK business at the forefront of the industries of the future. It has set Artificial Intelligence…

AI and Data Worlds+2

Webinar Series: Episode 2: Business and Human Rights Developments in Spain

Webinar Series: Business and Human Rights Developments in Southern Europe Series Episode 2: Business and Human Rights Developments in Spain Event - Tags Share Links Event - Timings and Location Jointly organised by BIICL and Nova School of Law Concept Various jurisdictions across the world have adopted National Action Plans in…

Business and Human Rights

European Commission Digital Services Act

ONLINE European Commission Digital Services Act Event - Tags Share Links Event - Timings and Location     Event Details The European Commission has announced a Digital Services Act package to strengthen the Single Market for digital services and foster innovation and competitiveness of the European online environment.…

Competition Law

18th Annual Review of the Arbitration Act

EVENTS 18th Annual Review of the Arbitration Act Event - Tags Share Links Event - Timings and Location Co-organised in conjunction with Event details BIICL in cooperation with Simmons & Simmons is organising the 18th Annual Review of the Arbitration Act, an authoritative update on recent developments and topics of interest…

Arbitration

Short Course: Climate Change Law

EVENTS Short Course: Climate Change Law Event - Tags Share Links Event - Timings and Location     Event details This two-day short course offers a comprehensive overview of climate change law and the legal responses to the current climate crisis. Bringing together a distinguished cohort of scholars and practitioners,…

Climate Change+1

Human Trafficking and COVID-19: What Next?

Introduction    COVID-19 has impacted every aspect of life. Anti-trafficking efforts are no exception. Earlier this summer BIICL hosted a webinar entitled 'Human Trafficking and COVID-19: What Next?'.   The discussion, chaired by Silvia Scarpa, brought together leading anti-trafficking experts: Marika McAdam, Ryzsard Piotrowicz, Parosha Chandran and Tomoya Obokata.  This blog contains 5 key take away points from the event Publication - Download…

COVID-19+1

Virtual Course: Business and Human Rights

ONLINE Virtual Course: Business and Human Rights Event - Tags Share Links Event - Timings and Location     Course Details Business and human rights is an area of international human rights law in continuous development at the international and national levels. On successful completion of BIICL's Business and Human Rights…

Business and Human Rights+1

Safeguarding London’s Standing in International Dispute Resolution: The Rule of Law and Judicial Independence in Practice

EVENTS Safeguarding London's Standing in International Dispute Resolution: The Rule of Law and Judicial Independence in Practice Event - Tags Share Links Event - Timings and Location In collaboration with    Event Details Baroness Hale of Richmond, former President of the UK Supreme Court in conversation with Razia…

Rule of Law

Law and Change

Artificial Intelligence (AI) is touted as the remedy for many of the economic, social, political and cultural contentions in an epoch where social demographics are unbalance, economic growth is slowing, labour markets are fragile, and global trade is wracked with protectionism.  The arrival of the pandemic has heightened calls for AI and big data to help innovate economies out of the worst. This transition presents significant challenges for the ecosystems of law firms, and the requirements…

BIICL Global+2

Refugee Rights Across Regions: A Comparative Overview of Legislative Good Practices in Latin America and the EU

The office of the United Nations High Commissioner for Refugees (UNHCR) has identified a number of legislative good practices in Latin American asylum and refugee laws. At the same time, academics and policy-makers have long called for cross-regional comparative analyses of policies and laws to allow different regions to learn from each other's best practices. In this article, we compare refugee legislations of Latin American countries with European Union protection standards based on…

Migration

HRDD Forum Webinar Series: Episode 4: Meeting the Standard: What Does Adequate Human Rights Due Diligence for Climate Change Look Like in Practice?

HRDD Forum Webinar Series: Human Rights Due Diligence for Climate Change Impacts Episode 4: Meeting the Standard: What Does Adequate Human Rights Due Diligence for Climate Change Look Like in Practice? Event - Tags Share Links Event - Timings and Location    Concept Developments around mandatory human rights due diligence…

Business and Human Rights+1

Response to DHSC Open Consultation: Changes to Human Medicine Regulations to support the rollout of COVID-19 Vaccines

Summary This publication is a response to the UK Government consultation in respect of the proposals to modify the Human Medicine Regulations 2012 ("the Regulations") in order to support the rollout of a COVID-19 vaccine. This is a submission to the UK Government consultation on behalf of a group of specialists drawn from different disciplines setting out their views on the proposed changes. Pr. Duncan Fairgrieve, British Institute of International and Comparative Law. Dr Peter Feldschreiber,…

COVID-19

State Aid and Tax Rulings webinar

EVENTS State Aid and Tax Rulings webinar Event - Tags Share Links Event - Timings and Location Event Details In 2016 the European Commission decided that 2 tax rulings of the Irish tax authorities endorsing the methods used by two Apple group companies (ASI and AOE) that were incorporated in Ireland to determine their chargeable…

Competition Law

BIICL submission to Government Consultation: COVID-19 Vaccines

BIICL Researchers participate in submission to Government Consultation on COVID-19 Vaccines In the context of the anticipated roll-out of COVID-19 Vaccines, the UK Government is considering making changes to the Human Medicine Regulations in order to grant a temporary authorisation to CV-19 vaccines without going through the full safety process found in the normal medicine licensing rules. A group of specialists, including Prof. Duncan Fairgrieve, have commented on these proposals in a submission…

COVID-19

Virtual Course: Public International Law in Practice

ONLINE Virtual Course: Public International Law in Practice Event - Tags Share Links Event - Timings and Location Course Details The  Public International Law in Practice course offers a dynamic introduction into applied public international law from the British Institute of International and Comparative Law. The programme…

Arbitration+6

Business and Human Rights Developments in Belgium, Luxembourg and Portugal

EVENTS HRDD Forum: Business and Human Rights developments in Belgium, Luxembourg and Portugal Event - Tags Share Links Event - Timings and Location     Event Details In this session, experts will present findings from recent studies on the business and human rights landscapes of Belgium, Luxembourg and Portugal. These…

Business and Human Rights

Concept Note 3 on the Effect of the 2020 Pandemic on Commercial Contracts

Concept Note 3 is a continuation of BIICL's "Breathing Space" series, which considers how the legal and business communities might respond to the COVID-19 pandemic in order to foster economic recovery. The Concept Note 3  proposes a set of practical guidelines which might be adopted to encourage a more conciliatory approach to contractual disputes that may arise, and which seek to avoid and/or minimise protracted legal disputes, without prejudicing or altering parties' legal rights. The…

Centre for Comparative Law+2

Concept Note 2 on the effect of the 2020 pandemic on commercial contracts - September 2020 Update

Following the introduction of the initial concept note BIICL has released and updated version of Concept Note 2. Concept Note 2  shows in detail which steps should be taken to minimise the risk of a deluge of disputes and to increase the prospect of constructive outcomes. Concept Note 2 argues, among other things, that the best policy approach in the case of many contracts is for the law: To support negotiated solutions to make viable contracts blighted by the pandemic work; To bring…

Comparative Law+1

“Breathing Space” Concept Note 3 On guidelines for the resolution of disputes following the 2020 pandemic

This Concept Note is a continuation of BIICL's "Breathing Space" series, which considers how the legal and business communities might respond to the COVID-19 pandemic in order to foster economic recovery.  Concept Note 2 looked more closely at the private law response to the pandemic, specifically in the context of contractual disputes, and how existing legal principles may be applied in the context of COVID-19 related disputes, as well as how existing dispute resolution mechanisms…

Comparative Law+1

Parliamentary Scrutiny of Coronavirus Lockdown Regulations: A Rule of Law Analysis

Executive Summary Six months after the enactment of the Coronavirus Act 2020, lockdown regulations continue to be made under the emergency procedure. This means that they are made and come into force straight away, with the only parliamentary requirement that they be approved within 28 days. The legal justification is that, by reason of urgency, it is necessary to make them without prior parliamentary approval. It is unclear whether, six months in, and given our greater knowledge about…

COVID-19+1

BIICL Releases Updated Concept Note

Extending the Breathing space concept BIICL has released an updated version of Concept Note 2 Concept Note 2 shows in detail which steps should be taken to minimise the risk of a deluge of disputes and to increase the prospect of constructive outcomes. Concept Note 2 argues, among other things, that the best policy approach in the case of many contracts is for the law: To support negotiated solutions to make viable contracts blighted by the pandemic work; To bring contracts made unviable…

Centre for Comparative Law+2

HRDD Forum Webinar Series: Episode 3: Mandatory Human Rights Due Diligence Laws: What are their Implications Regarding Corporate Climate Change impacts?

HRDD Forum Webinar Series: Human Rights Due Diligence for Climate Change Impacts Episode 3: Mandatory Human Rights Due Diligence Laws: What are their Implications Regarding Corporate Climate Change Impacts? Event - Tags Share Links Event - Timings and Location    Concept Developments around mandatory human rights due…

Business and Human Rights+1

Short Course: Public International Law in Practice

EVENTS Short Course: Public International Law in Practice Event - Tags Share Links Event - Timings and Location     Event details Short Course Public International Law in Practice offers a dynamic introduction into applied public international law from the British Institute of International and Comparative Law. The…

Arbitration+5

Peace Day 2020 Live Global Digital Experience

ONLINE   Peace One Day Live Global Digital Experience  Event - Tags Share Links Event - Timings and Location Supported by The Bingham Centre for the Rule of Law Event Details This full-day online experience celebrating peace will be a global event, bringing together artists, thought leaders and international speakers.…

Human Rights and IHL+1

Prosecuting in the public interest: Independence without isolation

WEBINAR Prosecuting in the public interest: Independence without isolation Event - Tags Share Links Event - Timings and Location Director of Public Prosecutions Max Hill QC In conversation with Razia Iqbal Event Details In navigating the unprecedented events of the past six months, the work of the CPS has remained firmly rooted…

Rule of Law

Short Course: Law of the Sea

EVENTS Short Course: Law of the Sea Event - Tags Share Links Event - Timings and Location    Event details This day-long workshop offers an informative overview of the international law of the sea and current challenges facing the world's oceans and seas. Bringing together a distinguished cohort of law of the sea scholars,…

Law of the Sea+1

HRDD Forum Webinar Series: Episode 2: The (intended) impact of climate change litigation on corporate due diligence

HRDD Forum Webinar Series: Human Rights Due Diligence for Climate Change Impacts Episode 2: The (intended) impact of climate change litigation on corporate due diligence Event - Tags Share Links Event - Timings and Location    Concept Developments around mandatory human rights due diligence laws are multiplying across…

Business and Human Rights+1

EU Vice President Heidi Hautala Speaks at BIICL Webinar

Business and Human Rights Developments in Southern Europe The webinar series on Business and Human Rights Developments in Southern Europe kicked off on the 15th of September 2020. It is jointly organised by Nova School of Law and the British Institute for International and Comparative Law. The keynote speech was delivered by the Vice-president of the European Parliament, Heidi Hautala. In recent years, much of the attention in the business and human rights field has focused overwhelmingly…

Business and Human Rights

Rule of Law in Times of Health Crises: Protecting Rights and Saving Lives

WEBINAR Rule of Law in Times of Health Crises: Protecting Rights and Saving Lives Event - Tags Share Links Event - Timings and Location Event Details Governments around the world have limited individual freedoms to control the spread of COVID-19, preserve health systems and protect human lives. To safeguard the rule of law, these…

COVID-19+1

Webinar Series: Episode 1: Business and Human Rights Developments in Portugal

Webinar Series: Business and Human Rights Developments in Southern Europe  Episode 1: Business and Human Rights Developments in Portugal Event - Tags Share Links Event - Timings and Location Jointly organised by Nova School of Law and BIICL Concept Various jurisdictions across the world have adopted National Action Plans…

Business and Human Rights

What Does The Rule of Law Mean For My Online Life?

EVENTS What Does The Rule of Law Mean For My Online Life? Who Targets Me and What Does It Mean For My Rights? Event - Tags Share Links Event - Timings and Location    Event Details The Bingham Centre and the City of London are excited to be teaming up to run an event on technology, democracy and the Rule of Law. Whilst…

Rule of Law

Thirty Fourth ITF Public Conference: State Regulatory Powers and their Limits

EVENTS Thirty Fourth ITF Public Conference: State Regulatory Powers and their Limits Event - Tags Share Links Event - Timings and Location    Read the conference summary      Event Details This online conference will address limits of state regulatory powers under international law. The speakers will…

Investment and Trade

HRDD Forum Webinar Series: Episode 1: Corporate Due Diligence for Climate Change Impacts: The Status Quo

HRDD Forum Webinar Series: Human Rights Due Diligence for Climate Change Impacts Episode 1: Corporate Due Diligence for Climate Change Impacts: The Status Quo Event - Tags Share Links Event - Timings and Location       Concept Developments around mandatory human rights due diligence laws are multiplying across…

Business and Human Rights+1

HRDD Forum Webinar Series: Human Rights Due Diligence for Climate Change Impacts

Webinar Series: Human Rights Due Diligence for Climate Change Impacts Event - Tags Share Links Event - Timings and Location    Concept Developments around mandatory human rights due diligence laws are multiplying across Europe, and increasingly include climate change impacts within their scope. As a result, companies,…

Business and Human Rights+1

Virtual Course: Law of the Sea

ONLINE Virtual Course:  Law of the Sea  Event - Tags Share Links Event - Timings and Location Course Details  This course offers an informative overview of the international law of the sea and current challenges facing the world's oceans and seas. Bringing together a distinguished cohort of law of the sea scholars,…

Law of the Sea+1

Inaugural Africa Arbitration Day

EVENTS Inaugural Africa Arbitration Day Event - Tags Share Links Event - Timings and Location Organised in cooperation with: School of International Arbitration, Queen Mary University of London and Babcock University   Sponsored by: Event Details: The British Institute of International and Comparative…

Arbitration+2

BIICL scholar calls to address inequalities in investor-state dispute settlement

Director of the Investment Treaty Forum Prof Yarik Kryvoi released a study in which he analyses inequalities in international investment law and proposes concrete solutions how to tackle them. This paper puts the system of international investment law into its historical context, examines economic data as well as most recent statements of states on inequalities in international investment law. It examines inequalities between foreign investors and states, between developed and developing…

Arbitration+1

Three Dimensions of Inequality in International Investment Law

This paper puts the system of international investment law into its historical context, examines economic data as well as most recent statements of states on inequalities in international investment law. It examines inequalities between foreign investors and states, between developed and developing states as well as between foreign and domestic investors. It shows that each dimension of inequality has its own raison d'etre and proposes ways to tackle them in the context of today's political…

Investment and Trade

Part I: Some Observations on the Agreement between Greece and Egypt on the Delimitation of the Exclusive Economic Zone

Introduction Greece and Egypt signed an agreement for the delimitation of the two countries' maritime boundaries in the Eastern Mediterranean Sea on 7 August 2020. The Greek Foreign Minister said that this was a 'historic day': the two states had reached an 'exemplary agreement' that 'reconfirms and enshrines the effect and the right of islands to a continental shelf and EEZ' in conformity with international law and the UN Convention on the Law of the Sea (UNCLOS). The Egyptian Foreign…

Centre for International law+2

Part II: Some Observations on the Agreement between Greece and Egypt on the Delimitation of the Exclusive Economic Zone

Where to from here? The Greece-Turkey maritime boundary dispute The dispute over the maritime boundary between Greece and Turkey has been ongoing since 1974. As I wrote elsewhere, 'bilateral consultations and negotiations have been unable to prevent occasional flare-ups and, as tensions remain significantly high, it may not be long before one of the not infrequent confrontations spirals out of control'. Only a few days after the signing of the Greece-Egypt Agreement, Greece and Turkey…

Centre for International law+2

Reimagining Environmental Law 21 August 2020

Global Governance and Future Trends Strengthening global governance Governance at global regional and national level is lacking, there is a lack of coherence, even in matters of global common interests. The EU, ASEAN, and other regional organisations can play a crucial role in tackling environmental issues, facilitating the implementation of MEAs, mobilizing stakeholders, and sharing experiences. The time is opportune to call upon regional organisations to strengthen global governance and…

Environmental Law+1

Reimagining Environmental Law 20 August 2020

Environmental Impact Assessment and Management of Environmental Risks A repository of environmental data and analysis Tens of thousands of environmental impact assessments are issued every year in compliance with national laws. These assessments are prepared at great expense and contain a wealth of unique observational data and other information. However, they are typically utilized for the subject project and then forgotten. A searchable database should be created of all these documents…

Environmental Law+1

Reimagining Environmental Law 19 August 2020

Climate Change and Pollution Control    Mapping environmental factors Maps of flood vulnerability, species abundance, water supply, and other environmental factors reflect current and historical conditions. However, all these conditions are changing as a result of climate change, and the future will be much different from the past. Advanced computing enables projections with much greater geographic granularity than in the past. This would be extremely useful to land and infrastructure…

Environmental Law+1

Reimagining Environmental Law 18 August 2020

Market-Based Instruments and Green Economy     Making polluters stop their pollution Environmental law presently reflects the data-constrained mid-20th century world and thus relies heavily on pollution control mandates rather than economic incentives. Building on 21st Century information technologies, we can today end externalities by carefully tracking emissions and making polluters stop their pollution — or pay fully for the harm they cause.   Professor Daniel C Esty,…

AI and Data Worlds+3

Reimagining Environmental Law 17 August 2020

Compliance, Monitoring and Enforcement    Environmental law - a toothless tiger? More than perhaps any other area of law in recent years, environmental looks like a toothless tiger. This is not due to a lack of law, or the inactivity of enforcement agents. Instead it is the disconnect between enforcement sanctions and corporate deterrence that has challenged law's relevance in protecting the environment. Stiffer penalties are not the answer but rather the radical application of…

Environmental Law+1

BIICL wins funding for new Rule of Law, Legitimacy and COVID-19 Control Technologies project

BIICL is delighted to be announced this week as one of the funding winners of the 2020 Call for Proposals by The Institute for Ethics in Artificial Intelligence (IEAI). The project : Rule of Law, Legitimacy and Effective COVID-19 Control Technologies, aims to produce a systematic overview of challenges posed by specific mobile applications that can be continuously updated and accessible to policy makers, together with a methodology to assess publicly contentious control technologies against…

AI and Data Worlds+3

Emergency Products and COVID-19

BIICL is undertaking a project to assess the impact of COVID-19 on emergency products in the medical sphere. This is a topical theme engaging important public health considerations, and involving the analysis of the law and regulation of products such as ventilators, medicines, medical devices, vaccines and related health products. A Product Liability Forum event was organised on this theme on 4 May 2020. Speakers included Pr. Geraint Howells, Marcus Pilgerstorfer QC, Dr Peter Feldschreiber,…

COVID-19+1

Artificial Intelligence, Big Data and the Law: Reimagining the New Roots of Environmental Law

WEBINAR Artificial Intelligence, Big Data and the Law: Reimagining the New Roots of Environmental Law Event - Tags Share Links Event - Timings and Location Event Details The world faces environmental challenges of unprecedented scale and urgency, from biodiversity degradation to global warming, pollution, soil erosion, water…

AI and Data Worlds+3

Part 3: Global Legislative Responses to Coronavirus

WEBINAR Part 3: Global Legislative Responses to Coronavirus Event - Tags Share Links Event - Timings and Location In Partnership with Webinar Series Details This event is the third in a series of three webinars States around the world have struggled to come up with the best legislative response to the coronavirus pandemic. Although…

COVID-19+1

Democracy and the Rule of Law in the Age of Covid-19

PARTNER EVENT Democracy and the Rule of Law in the Age of Covid-19 Event - Tags Share Links Event - Timings and Location Event Details The celebrated former Supreme Court judge, Jonathan Sumption, used last year's Reith lectures to warn that "law's expanding Empire" was encroaching onto contentious fields where things are better…

COVID-19+1

Protecting Education in Conflict

EVENTS Protecting Education in Conflict Event - Tags Share Links Event - Timings and Location     Event Details Education is not only an important end in itself; it enables access to other human rights, to meaningful participation in society, and to the promotion of universal respect for the dignity of all. This is…

Human Rights and IHL+1

Toppled Statues and Monuments: Perspectives on the Global Movement Confronting Heritage

EVENTS: Toppled Statues and Monuments: Perspectives on the Global Movement Confronting Heritage Event - Tags Share Links Event - Timings and Location Watch the recording  Toppled Statues and Monuments: Perspectives on the Global Movement Confronting Heritage Event Details On the 7th of June 2020, the statue of Edward Colston,…

Cultural Heritage+1

Part 2: Global Legislative Responses to Coronavirus

EVENTS Part 2: Global Legislative Responses to Coronavirus Event - Tags Share Links Event - Timings and Location In Partnership with: The Theory and Practice of Legislation    Webinar Series Details This event is the second in a series of three webinars States around the world have struggled to come up with the best…

COVID-19+1

Human Trafficking and COVID-19: What Next?

WEBINAR Human Trafficking and COVID-19: What Next? Event - Tags Share Links Event - Timings and Location   140720 recording of Human Trafficking and COVID-19: What Next? Event Details COVID-19 has impacted all areas of life and human trafficking is no exception. Early research and data indicate that COVID has a strong…

COVID-19+2

CLF Meeting: Digital Online Platforms and Digital Advertising

WEBINAR CLF Meeting: Digital Online Platforms and Digital Advertising Event - Tags Share Links Event - Timings and Location Co-organised With  Event Details The CMA's market study final report into online platforms funded by digital advertising is due to be published by 2nd July 2020. The CMA's interim report last December…

Competition Law

Reimagining the Law 3 July 2020

Phase One of Reimagining the Law initiative comes to an end today with one final submission.  We would like to thank all the contributors who provided the 124 ideas featured on the website during the month of June. Walking virtual corridors COVID-19 closed borders, but disasters occur, elections are held, judgments delivered. Charities and organisations divert funds, walk virtual corridors using Instagram and Teams, provide e-resources, manage crises remotely too. We must re-evaluate…

Reimagining the Law

Black Lives Matter "On the Buses": Laws Mandating Face Coverings on Public Transport

The Black Lives Matter movement has forced us to re-appraise what in the past we may have taken for granted. The 1970s British sitcom "On The Buses" was popular at the time, but to our eyes now seems sexist and racist. We need to take a hard look at current practices to examine if they are fair and respect equality and diversity. The Rule of Law requires equality before the law. The Venice Commission Checklist  on the Rule of Law reiterates this requirement of equal treatment…

COVID-19+1

Coronavirus, Face Coverings on Public Transport Regulations: A Rule of Law Analysis

The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 prohibit the use of public transport unless a person is wearing a face covering. This basic policy is sound, rational and to be welcomed. However, there are several Rule of Law concerns. Sound law-making procedures are not being followed because of the continued use of the 'urgent procedure' to make a law which bypasses normal parliamentary scrutiny. The one day turnaround between…

COVID-19+1

Submission on the Issue of the Applicable Law in the Revised Draft of the Business and Human Rights

The report of the fifth session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (OEIGWG) stated: that the Chair-Rapporteur invite and encourage regional and political groups, intergovernmental organizations, national human rights institutions, civil society organizations and all other relevant stakeholders, as appropriate, to organize consultations at all levels, including in particular at the…

Business and Human Rights

Europe Consultation on Revised Draft of the Proposed Business and Human Rights Treaty

CONSULTATION Europe Consultation on Revised Draft of the Proposed Business and Human Rights Treaty Event - Tags Share Links Event - Timings and Location     Event Details  In June 2014, the UN Human Rights Council established an open-ended intergovernmental working group 'to elaborate an international legally…

Business and Human Rights

The Rule of Law in Times of Health Crisis

The Bingham Centre for the Rule of Law, in partnership with the Global Health Academy of the University of Edinburgh and the Advocates for International Development's ROLE UK Programme, has developed a seminal paper on The Rule of Law in Times of Health Crises. The authors, Dr Julinda Beqiraj , Dr Jean-Pierre Gauci and Nyasha Weinberg at the Bingham Centre and the British Institute of International and Comparative Law (BIICL) and Dr Luciana Brondi of the Global Health Academy, examine…

COVID-19+1

Part 1: Global Legislative Responses to Coronavirus

WEBINAR Part 1: Global Legislative Responses to Coronavirus Event - Tags Share Links Event - Timings and Location In Partnership with:  The Theory and Practice of Legislation Webinar Series Details This event is the first in a series of three webinars States around the world have struggled to come up with the best legislative…

COVID-19+1

Reimagining the Law 30 June 2020

1. Reduce the number of long hearings Why do we not carry out surveys to see how useful long hearings are at least in some fields - e.g. children cases? Put the papers in front of a judge for one or two days reading and a decision, and see how often the result is significantly different after a wearing and expensive 12-day hearing. For 50 cases (a pretty reasonable sample) it would cost 100 judge-days maximum (as the 12-day trials would happen anyway). The Rt Hon Lord Neuberger of Abbotsbury…

Reimagining the Law

Virtual Justice in France, UK & US: Status & Challenges of Remote Hearings & Trials

WEBINAR Virtual Justice in France, UK & US: Status & Challenges of Remote Hearings & Trials Event - Tags Share Links Event - Timings and Location Recording of the webinar Virtual Justice in France, UK & US: Status & Challenges of Remote Hearings & Trials Organised in partnership with: Event Details The…

AI and Data Worlds+6

Reimagining the Law 29 June 2020

1. Better trials We should stop trying to avoid hearing cases - especially civil and family - and start trying to do them better. What can best be done on paper, what remotely and what face to face? How best to find the truth? Think flexibly and put the judge in charge! Baroness Hale of Richmond DBE PC FBA  2. The shape of the law: its accessibility to the user I. Legislation should not only produce the desired legal effect but also be drafted so as to communicate with the user. II. On…

Reimagining the Law

Collaborative Resolution of Disputes and COVID-19

EVENTS Collaborative Resolution of Disputes and COVID-19 Event - Tags Share Links Event - Timings and Location Recording of the webinar 260620 Collaborative Resolution of Disputes and COVID-19 recording Event Details The British Institute of International and Comparative Law (BIICL) has recently published two Concept Notes on…

Centre for Comparative Law+2

Reimagining the Law 26 June 2020

1. Automated decision making We currently have a range of complaint redress systems, in specific sectors. Post COVID, private and public institutions will increasingly adopt algorithmic or automated decision making. These will give rise to complaints requiring specialist skills beyond sectoral or data knowledge. We need a bespoke system to provide redress for complaints about algorithmic decision making staffed by specialists who can test algorithms' compliance with ethically aligned design…

Reimagining the Law

Reimagining the Law 25 June 2020

1. Overcoming a destructive legacy At this moment of existential public health, environmental, human rights and socio-economic crisis, it would be useful to critique, innovate and transform international law and governance to overcome the harsh and destructive legacy of empire and colonialism and reconstitute a global governance regime founded on inclusion, solidarity and sustainability. Oonagh Fitzgerald 2. The state as guardian not claims processor Public bodies making decisions about claims…

Reimagining the Law

COVID-19: Impacts on Efforts to Combat Human Trafficking

BIICL is undertaking a project assessing the impacts of COVID-19 on efforts to combat human trafficking around the world. The aims of the project are twofold: to take stock of the gaps COVID-19 has created in anti-human trafficking law and policy, and to propose solutions for how those gaps can be filled in the coming months and years. While early research suggests that COVID-19 will greatly exacerbate vulnerability to human trafficking, financial and other resources allocated to anti-trafficking…

COVID-19+1

Myanmar: Recent Developments in International Law

WEBINAR Myanmar: Recent Developments in International Law Event - Tags Share Links Event - Timings and Location Recording of the webinar Myanmar: Recent Developments in International Law Event details On 23 January 2020, the International Court of Justice (ICJ) ordered Myanmar to take immediate measures to prevent the genocide…

Courts and Tribunals

Reimagining the Law 24 June 2020

1. Financial Services Simplify financial services regulation for retail investors by replacing the already much attenuated principle of caveat emptor with caveat vendor, perhaps by imposing a fiduciary standard upon all links of the investment chain, thereby mitigating the consequences of asymmetry of information at the heart of most financial services problems. Howard Jacobs 2.Law firms working collaboratively Rivals, VW and Ford, will share technology and platforms for the next generation…

Reimagining the Law

Joint Development of Seabed Resources in Areas of Overlapping Maritime Claims: An Analysis of Precedents in State Practice

Abstract The known or suspected presence of offshore hydrocarbons not only has prompted coastal states to elaborate expansive claims of maritime jurisdiction but it has also been influential in the efforts of some states to preclude one another from carrying out economic activities, such as oil exploration and exploitation, in the areas of overlapping claims. In the absence of clear and defined boundaries, possible state responses can range from protracted negotiations to unilaterally…

Law of the Sea

Reimagining the Law 23 June 2020

1. Juries Juries should be required to supply written reasons for their verdicts, so that those involved in a case - and an appellate court - can understand the process by which a decision has been reached; see which evidence has been accepted or rejected; and identify whether any material error has occurred. Secret Barrister 2. Let us watch our language and lift our heads. The language of supplicant victims is often applied to international law and international judicial institutions. We…

Reimagining the Law

Artificial Intelligence: The Future of Regulation - A Conversation with Lord Clement-Jones

WEBINAR Artificial Intelligence: The Future of Regulation - A Conversation with Lord Clement-Jones Event - Tags Share Links Event - Timings and Location Recording of the webinar Artificial Intelligence: The Future of Regulation - A Conversation with Lord Clement-Jones       Event Details This is the third…

AI and Data Worlds+1

Reimagining the Law 22 June 2020

1. Legal Aid The civil legal aid system should be decentralised and administered regionally. It should no longer fund by reference to individual cases but should mainly fund organisations and develop their capacity and skills. It should ignore time spent on cases but should measure the benefits of its work to the public. Guy Beringer 2.Due Diligence Act Enact a Human Rights and Environmental Due Diligence Act, which requires companies to demonstrate clearly what actions they are taking, enables…

Reimagining the Law

Reimagining the Law 19 June 2020

1. Appointing Auditors Audit legislation has special requirements for listed companies, but they need strengthening. To remove the conflict between the interest of the auditor in being re-appointed and his duty to perform his task without fear or favour, auditors of these entities should be appointed by the Audit, Reporting and Governance Authority, who should also have power to remove them. Bill Knight 2.The legal behemoth Over the last couple of decades, the law has become unmanageable,…

Reimagining the Law

Directions in Legal Education 2020

PARTNER EVENT Directions in Legal Education 2020 Event - Tags Share Links Event - Timings and Location Event Details The third conference on teaching & learning in law organized by CUHK LAW. Panels include: Students as Producers; Women in Law; Professionalism and Employability; Law & Technology; Diversity in Legal Education;…

Training

Reimagining the Law 18 June 2020

1. A diverse curriculum Why are the British Empire and transatlantic slavery non-statutory elements of the National Curriculum? Without understanding oppression in our history we are unable to understand it today. Michael Abiodun Olatokun FRSA 2. Law as accountable to the public - Cameras in courtrooms across UK - All trials on weblink and some on a dedicated TV channel(s) - Some with commentary and analysis - Public accountability and understanding enhanced, especially sentencing - Open justice…

Reimagining the Law

Competition Act Exclusion Orders

WEBINAR Competition Act Exclusion Orders Event - Tags Share Links Event - Timings and Location     Event Details This webinar considers the recent Competition Act Exclusion Orders, as it has been recognised universally that cooperation is necessary in order to respond to the COVID-19 pandemic. It is also recognised…

Competition Law

Reimagining the Law 17 June 2020

1. Marginalisation of minority voices Policing Minister, Kit Malthouse, told the Today programme it was "unfortunate that a proper democratic decision hadn't been reached about what to do with the statue" in Bristol. No. Attributing the statue's continued presence to misfortune ignores the context in which it remained: the systematic marginalisation of minority voices. Dr Lawrence McNamara 2. Right To Know Increasingly public services are outsourced. Yet FOI doesn't always permit access to…

Reimagining the Law

Reimagining the Law 16 June 2020

1. Access to the legal profession Covid-19 is disrupting educational progression and will increase the attainment gap for students in disadvantaged situations. Inclusion initiatives aimed at increasing access to the profession should be remodelled, using new tools to reach out virtually to provide work experience, mentoring and support. Christine O'Neill 2. Ethnic Diversity at Board level Given the continued lack of progress in improving ethnic diversity on Boards, is it not time to impose…

Reimagining the Law

HRDD Forum: How to measure the 'effectiveness' of corporate human rights regulation

EVENTS HRDD Forum: How to measure the 'effectiveness' of corporate human rights regulation Event - Tags Share Links Event - Timings and Location     Event details On 29 April 2020 the European Commission announced a legislative initiative on mandatory due diligence for human rights and environmental impacts, based…

Business and Human Rights

Reimagining the Law 15 June 2020

As June 15th is the anniversary of the Magna Carta, today's ideas focus on contemporary Rule of Law challenges. 1. Make meaningful the Rule of Law's promise of equal protection Magna Carta stands for Equality Before the Law, but ensuring the law protects everyone equally is the Cinderella of Rule of Law principles. To earn the confidence of BAME communities that the Rule of Law is for them, all relevant recommendations should be urgently implemented, starting with Windrush, Lammy, Grenfell…

Reimagining the Law

COVID-19, Sino-US Trade War, and International Law Seminar

EVENTS COVID-19, Sino-US Trade War, and International Law Seminar Event - Tags Share Links Event - Timings and Location Organised by the Chinese University of Hong Kong Supported By the British Institute of International and Comparative Law Event Details The Covid-19 health crisis has implicated discussions about the Sino-US…

BIICL Global+2

Reimagining the Law 12 June 2020

1. London - premier centre for international dispute resolution? London is a thriving hub for dispute resolution between parties from all over the world. Countries like Singapore have sought to emulate London through adopting a very co-ordinated approach. To maintain and enhance its position as a premier centre for international dispute resolution, should London adopt a more cohesive approach? Paula Hodges QC 2. The virtual hearing-A shift away from the art of oral advocacy or a new skillset?…

Reimagining the Law

Reimagining the Law 11 June 2020

1. The law is a male construct All legal systems should address the gendered nature of law and the inescapable underlying problem that law is a male construct. It was made from a male perspective and drew upon male experience. We still have women facing double sexual standards; courts failing to deal adequately with domestic violence and rape; women's evidence being given less value or requiring corroboration. Baroness Kennedy of The Shaws, QC 2. Cuts in legal aid The cuts in legal aid for…

Reimagining the Law

Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes

On 5 May 2020, 23 EU Member States signed an agreement for the termination of intra-EU bilateral investment treaties between EU Members (Termination Agreement). The British Institute of International and Comparative Law (BIICL) hosted a webinar on 1 June 2020 to discuss legal and practical consequences of the Termination Agreement. The webinar featured presentations from representatives of the European Commission, an EU member state, academia and practitioners. This blog post summarizes…

Arbitration+2

POSTPONED: Short Course: Legal Practice in the Digital Age: An Introduction to Data Literacy

EVENTS POSTPONED: Short Course: Legal Practice in the Digital Age: An Introduction to Data Literacy Event - Tags Share Links Event - Timings and Location     Event Details "By 2030, and possibly much sooner, our courts around the world will have been transformed by technologies that have not yet been invented...Today,…

AI and Data Worlds

Reimagining the Law 10 June 2020

1. Stemming the tide Democratic accountability and the rule of law is being weakened by extensive use of secondary legislation, particularly in relation to Covid-19 and Brexit. Parliament has been unable to effect proper scrutiny or stem the tide. Can the judges help without being accused of engaging in politics? Lord Thomas, Baron Thomas of Cwmgiedd KT PC 2. Controlling legal costs of lawyers to assist with access to justice. Many individuals cannot afford a lawyer for personal matters,…

Reimagining the Law

The Ratline: on international crimes and justice

WEBINAR The Ratline: on international crimes and justice  Event - Tags Share Links Event - Timings and Location Recording of the webinar  Recording: The Ratline: on international crimes and justice     Event Details Rebecca Abrams talks to Philippe Sands, author of The Ratline With the publication of Philippe…

Courts and Tribunals+2

Reimagining the Law 9 June 2020

1. Criminal Justice System The criminal justice system provides the glue which holds our society together; it provides a mechanism for maintaining minimum standards of behaviour to which everyone must adhere with realistic prospect of sanction for those who do not. That system is in jeopardy. It must be sufficiently valued and funded. Sir Brian Leveson PC Video interviewing of suspects should become the standard. Those not under arrest should be interviewed from their solicitor's office. Those…

Reimagining the Law

Reimagining the Law 8 June 2020

1. Transparency The Ministry of Justice and HMCTS should adopt a comprehensive published information strategy and a manual with processes and definitions, making clear what is public and what is not. A standard data structure and format for judgments should be adopted. There should be a centralised public database of reporting restrictions. Sir Ross Cranston QC & Jules Winterton 2. Mass production for human consumption The law must now extend its care and concern and, increasingly, its…

Reimagining the Law

Reimagining the Law 5 June 2020

A Quintet of Parliamentary Reforms 1. House of Lords Reform (Removal of Hereditary Privilege) Act An Act to amend the House of Lords Act 1999 by ending the by-elections which allow 90 hereditary peers in the House of Lords to be replaced, on death or retirement, by other hereditary peers. 2. House of Lords (Removal of Clerical Privilege) Act An Act to end the entitlement of 26 Church of England Bishops to sit in the House of Lords. 3. House of Lords (Cross-Bench Appointments) Act An Act creating…

Reimagining the Law

Reimagining the Law 4 June 2020

1. Give furlough money to a good cause Is it morally justifiable for City law firms with average partner profits of well over £1m a year to take large amounts of government money in an effort to support those profits in the short term? Many firms have said that they will not furlough staff as they do not believe this is an appropriate use of taxpayers' cash.  Matthew Rhodes 2. Where's the Guidance? A recurring feature of today's regulatory landscape is legislative provision for Ministers…

Reimagining the Law

Reimagining the Law 3 June 2020

1. The spirit of the law How do we restore the centrality of law to people's lives? Can we do this in a way that more appreciate that it is the spirit of the law which matters rather the letter of the law which some, particularly the elite, use to further their own interests or purposes Lord Thomas, Baron Thomas of Cwmgiedd KT PC 2. Access to justice The use of virtual platforms for participating in and observing court proceedings should be expanded to enable much wider public access, reduce…

Reimagining the Law

Artificial Intelligence and Data Economy: A Business and Human Rights Approach

WEBINAR Artificial Intelligence and Data Economy: A Business and Human Rights Approach Event - Tags Share Links Event - Timings and Location Recording of the webinar Artificial Intelligence and Data Economy: A Business and Human Rights Approach    Event Details This is the second webinar in our series on 'Artificial…

AI and Data Worlds+2

Reimagining the Law 2 June 2020

1. Trial by jury? Defendants should have an extra right- namely, to choose trial by a judge instead of a jury. I have addressed hundreds of juries and believe they usually reach a fair decision, but if prejudice is likely (e.g. by the media against defendants from a particular race or religion), or if the case is likely to be quickly dismissed, why not give defendants this option? It exists in Australia and Canada without damaging respect for trial by jury. Geoffrey Robertson QC Why should…

Reimagining the Law

Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes

WEBINAR Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes Event - Tags Share Links Event - Timings and Location  Media Partner Event details 23 Member States of the European Union signed on 5 May 2020 agreement for the termination of intra-EU bilateral investment treaties. This…

Arbitration+3

Reimagining the Law 1 June 2020

1. Freedom of Expression In an era of no-platforming we need to remind people of the importance of freedom of expression and that as Stephen Sedley so accurately said, "Freedom only to speak inoffensively is not worth having" The Rt Hon Lord Neuberger of Abbotsbury 2. Global Platform for Online Court Hearings To overcome the access to justice problem (less than 50% of the world's citizens have access to courts) - the UK should develop a standard plug-and-play platform for the conduct, worldwide,…

Reimagining the Law

BIIICL Launches Reimagining The Law

What would you change about the law if you could?  Today BIICL launches a new initiative. Responding to the question what would you change about the law if you could? A range of legal professionals - from practising lawyers to former judges, academics and legal commentators  - have been invited to reimagine an area of the law or of our justice system, and share their thoughts with us. Each day we will be publishing five new ideas under the heading Reimagining The Law  Read…

Reimagining the Law

Breathing Space - a Concept Note on the effect of the pandemic on commercial contract

"The challenge we face is how to act with sufficient strength and speed to prevent the recession from morphing into a prolonged depression made deeper by a plethora of defaults leaving irreversible damage". Mario Draghi Share LinksProject - Tags Concept Note 1  A concept note on the effect of the 2020 pandemic on commercial contracts The Breathing Space Concept note arose out of a meeting on 7 April 2020 hosted by the British Institute of International and Comparative…

Centre for Comparative Law+2

BIICL Publishes Concept Note 2

"Breathing space" Concept Note 2 on the effect of the 2020 pandemic on commercial contracts Following its recent call for Breathing Space, BIICL has released Concept Note 2  which shows in detail which steps should be taken to minimise the risk of a deluge of disputes and to increase the prospect of constructive outcomes. Concept Note 2 argues, among other things, that the best policy approach in the case of many contracts is for the law: To support negotiated solutions…

Centre for Comparative Law+1

COM study on the Rome II Regulation

BIICL (in consortium with Civic Consulting) has been selected by the European Commission (DG Justice and Consumers) to conduct the study supporting the preparation of a report on the application of the Rome II Regulation on the law applicable to non-contractual obligations (Specific Contract JUST/2019/JCOO/FW/CIVI/0167 - 2020/03). The study will be completed over 12 months between May 2020 and April 2021 and will support the Commission in the future review of the Rome II Regulation.…

AI and Data Worlds+2

Ideas and Perspectives for a Climate Emergency Bill

On 2nd April 2020 the British Institute of International and Comparative Law convened a webinar entitled 'Ideas and Perspectives for a Climate Emergency Bill: Developing a Toolkit for Legislators to Tackle Climate Change'. The webinar was convened in collaboration with Landmark Chambers and Rights Community Action. The event discussed legal developments in the field of climate change from a comparative perspective, emphasising the legislative solutions developed in the UK, France and…

Climate Change

Sovereign Wealth Funds and Dispute Resolution

The project Sovereign Wealth Funds and Dispute Resolution focuses on quantitative and qualitative analysis of sovereign wealth funds' approaches to dispute resolution, including the use of international arbitration (commercial and investment treaty), recourse to domestic courts and issues of attribution and enforcement. At the first stage of the project, the research team will collect data in order to track the historic and current dispute resolution practices of sovereign wealth funds.…

Arbitration+2

Investor Roundtable: Modern Slavery Data for Investor Action

EVENTS Investor Roundtable: Modern Slavery Data for Investor Action Event - Tags Share Links Event - Timings and Location Event details As part of the Modern Slavery and Human Rights Policy and Evidence Centre, the Bingham Centre for the Rule of Law and the Alan Turing Institute are working on a project focused on how to ensure…

Rule of Law

POSTPONED: From Spoliated Art Restitution to Colonial Loot Repatriation: Lessons Learnt and Ways Forward

EVENTS POSTPONED From Spoliated Art Restitution to Colonial Loot Repatriation: Lessons Learnt and Ways Forward Event - Tags Share Links Event - Timings and Location Sponsored by                   Event Details This event will explore the challenges associated with the claims for…

Cultural Heritage

COVID-19, Artificial Intelligence, and Data Governance. A Conversation with Lord Clement-Jones

Webinar COVID-19, Artificial Intelligence and Data Governance: A Conversation with Lord Tim Clement-Jones Event - Tags Share Links Event - Timings and Location Recording of the webinar  COVID-19, Artificial Intelligence, and Data Governance. A Conversation with Lord Clement-Jones Read the Joint Committee of Human Rights' report on the…

AI and Data Worlds+1

Can I go to the park please Dad? Everyday lessons in legal certainty in the English Coronavirus Regulations

Published in the UK Consitutional Law Association Blog  This post analyses the changes made on 13 May 2020 to the coronavirus social distancing regulations for England. The criterion for analysis is the basic Rule of Law requirement of legal certainty. Certainty allows us to plan our actions, lets the police know what it is they should be enforcing, and most importantly stops us from inadvertently breaking the law. The very limited case-study is the question posed in many households…

COVID-19+1

Written evidence submitted to the House of Commons Committee on the Future Relationship with the European Union: The EU-UK Joint Committee

   This written evidence has been re-published on the Bingham Centre website with the kind permission of the House of Commons Committee on the Future Relationship with the European Union. Executive Summary The key tasks that the Joint Committee and the Specialised Committees need to execute before the end of the transition period are determining the criteria for the functioning of the Protocol on Ireland/Northern Ireland, implementing the citizens' rights provisions of the…

European Law

Brexit, Delegated Powers and Delegated Legislation: a Rule of Law Analysis of Parliamentary Scrutiny

Brexit has reopened long running debates over the impact of delegated powers and delegated legislation on Parliament's role in the legislative process. The legislative process in Parliament enables parliamentarians to hold the government to account for proposed changes to the statute book, to amend bills and to decide whether a government bill should be enacted. The government's reliance on delegated powers and delegated legislation to deliver Brexit has raised concerns that parliamentarians…

Brexit

Government response to the pandemic: balancing public health and investment protection

WEBINAR Government response to the pandemic: balancing public health and investment protection Event - Tags Share Links Event - Timings and Location Media Sponsor Event details As states face difficult choices to protect public health and keep their economies afloat, their treatment of foreign investors in this crisis is yet…

Arbitration+3

Law firms and chambers seminar: Regulatory options for human rights due diligence in the EU and UK: Presentation of two BIICL studies

EVENTS Law firms and chambers seminar: Regulatory options for human rights due diligence in the EU and UK: Presentation of two BIICL studies Event - Tags Share Links Event - Timings and Location    Event Details During 2019, calls for mandatory human rights due diligence laws multiplied across Europe, and businesses…

Business and Human Rights

Rule of Law in Times of Health Crisis

The Bingham Centre for the Rule of Law at BIICL will develop a consultancy paper on 'Rule of Law in Times of Health Crisis' on behalf of the A4ID Rule of Law Expertise Programme (ROLE UK). The ROLE UK programme focusses on building long-term partnerships between the UK legal sector and legal actors in developing countries to strengthen the rule of law and facilitate progress towards the Sustainable Development Goals (SDGs). The aim of the paper is to clarify the link between…

COVID-19+1

Business seminar: Presentation of two BIICL studies on human rights due diligence regulatory options in the UK and EU

Events Business seminar: Presentation of two BIICL studies on human rights due diligence regulatory options in the UK and EU Event - Tags Share Links Event - Timings and Location    Event details During 2019, calls for mandatory human rights due diligence laws multiplied across Europe, and businesses are increasingly…

Business and Human Rights

PLF Webinar on Product Liability and Emergency Products

EVENTS PLF Webinar on Product Liability and Emergency Products Event - Tags Share Links Event - Timings and Location    Event Details The objective of this webinar is to discuss the current regulatory and liability responses to the manufacture of products in the current crisis, including medicines, vaccines, PPE, and…

COVID-19+1

Unity and Diversity in National Understandings of the Rule of Law in the EU (Reconnect deliverable 7.1)

The working paper aims to show that the rule of law is not only one amongst the few overarching constitutional principles that can together be regarded as undergirding all legal systems in Europe, but it is also a constitutional principle whose core meaning is consensual and well-defined.  The paper submits that there is now a broad legal consensus in Europe on the core meaning of this principle, its minimum components, and how it relates to other key values such as democracy and…

European Law

Parliament must legislate on the government’s plans for contact tracing apps

On 4 May the Joint Committee on Human Rights took evidence from the Information Commissioner, academics and the CEO of NHSX on the risks to the right to privacy (Article 8 ECHR) if a contact tracing app is introduced to track and slow the spread of the coronavirus. This is helpful scrutiny of the government's plans. Yet if the government goes ahead with its proposed contact-tracing application it is essential that the processing of large amounts of personal data by the state, even if…

COVID-19

New blog: EU Foreign Direct Investment Screening, Economic Crimes and ISDS

On 30 April 2020, I spoke at a webinar on the interaction between public international law and the EU Investment screening mechanism organised by Maastricht University and the University of Southern Denmark, which was a part of the Common European Law on Investment Screening (CELIS) project. In 2019, the European Union established a framework for the screening of foreign direct investments in Regulation 2019/452. This regulation comes into force the provisions of the Regulation are set to…

Investment and Trade

Meaning and Scope of the EU Rule of Law (Reconnect deliverable 7.2)

The Working Paper addresses the key questions surrounding the meaning and scope of the EU rule of law: primarily whether, and the extent to which, supranational understandings of the rule of law differ, if at all, from the national understandings. The paper also examines the European minimum standards of the rule of law, and whether the EU has promoted or applied different understandings for instrumental reasons. The paper concludes that the rule of law can and should be considered…

European Law

BIICL-led due diligence study basis for European legislative initiative

European Commission will launch a legislative initiative to consider the introduction of mandatory human rights and environmental due diligence Yesterday, on 29 April, EC Commissioner Didier Reynders (DG Justice and Consumers) presented the BIICL-led study on due diligence requirements through the supply chain. During the presentation, it was announced that the European Commission will launch a legislative initiative to consider the introduction of mandatory human rights and environmental…

Business and Human Rights

The U.K. Races to Catch Up on COVID-19

The United Kingdom (U.K.) responded differently than other countries at the start of the coronavirus crisis. The government's initial policy, in hindsight, appears ill thought-through and has already faced growing criticism. The U.K. subsequently took a more orthodox approach—adopting social distancing measures, restricting movement, and ultimately implementing a nationwide lockdown. Read more   Publication - Download PDF Share Links Publication -…

COVID-19

UK accession to the 2007 Lugano Convention

On 8 April 2020, the United Kingdom deposited a request for re-accession to the 2007 Lugano Convention as an individual member. According to Art. 72 of the Convention, the UK accession requires the unanimous consent of all contracting parties. While Switzerland, Norway and Iceland have already announced their support, the European Union and Denmark (which is an individual member due to its special status in EU civil justice cooperation) still have to give their explicit consent. The accession…

Brexit+2

BIICL Publishes Concept Note 1

Breathing space - a Concept Note on the effect of the pandemic on commercial contracts BIICL has today published a Concept Note on the effects of the pandemic on commercial contracts and legal consideration in mitigating mass defaults. Read the press release 

Centre for Comparative Law+1

Coronavirus Amendment Regulations: The Government's dubious response to the 'out out' defence

Maintaining public confidence in the Government's response to the pandemic matters. Trust will drain away if we are not given the full story about amendments to the coronavirus legislation restricting osur movements. The Rule of Law requires full disclosure. The comedian Micky Flanagan has a routine about being 'out out' . The central gag is that he only went 'out' to do a bit of shopping, but was waylaid by a friend and ended up in a nightclub for the evening. But he wasn't properly…

COVID-19

Gian Luca Burci and Philippe Sands Event Report Published

"COVID-19 and International Law: What went wrong and what can we learn from it?" If you missed the fascinating discussion between Philippe Sand and Gian Luca Burci at BIICL on the 16th of April there is now a report of the event available. Read the report and download a recording of the webinar here 

COVID-19

Integration of migrants in middle and small cities and in rural areas in Europe

This report on the 'Integration of migrants in middle and small cities and in rural areas in Europe', authored by Arthur Watts Senior Research Fellow Jean-Pierre Gauci, was commissioned by the 'Commission for Citizenship, Governance, Institutional and External Affairs of the European Committee of the Regions (CIVEX). This report explores the context in which, and the structures through which, integration measures are implemented and the nature of the actions being undertaken by medium…

Migration

Covid-19: When is a rule not a rule?

There has been some confusion over the extent of the Government's legal powers in the Covid-19 lockdown, and the precise status of a "rule". There is a difference between regulation and legislation. Voermans argues that legislation is the constitutionally authoritative form in which law is made by the state. Regulation is much broader and means any public intervention in a market or in society. Legislation means banning  smoking in enclosed public spaces. Regulation includes the…

COVID-19

Responding to COVID-19 product risks: should Government focus on the manufacturer or the patient?

It was revealed recently that the Government has agreed to cover the legal liabilities of companies developing medical equipment at speed in the fight against COVID-19. In a letter in April 2020 to the Public Accounts Parliamentary Select Committee, Government Minister Michael Gove MP, revealed that the highly unusual step had been taken of indemnifying certain companies which are manufacturing medical equipment such as ventilators against legal risk in case the product causes injury…

COVID-19+1

COVID-19 and International Law: What went wrong and what can we learn from it?

The  webinar: 'COVID-19 and International Law: What went wrong and what can we learn from it?' held on 16 April 2020 featured a conversation between the award-winning author and international lawyer Philippe Sands QC, and the international health law expert and WHO former legal counsel Gian Luca Burci to explore what may have gone wrong, the lessons to be learned, and future institutional and legal changes needed Project Report This post-event report provides a summary of the discussion…

COVID-19

Parliament reopening will help the Government defeat COVID-19

Parliament's work in scrutinising Government is never more important than in a crisis. Emergencies sound the hour of the executive, where it plays an essential role in coordinating and delivering urgent support; this has certainly been the case with COVID-19, with Ministers granted additional powers to mobilise a rapid response to the lethal danger posed by the virus. While it is clear that special measures are required to cope with this extraordinary situation, it is essential to the Rule…

COVID-19

Extended Deadline: Call for Papers for Teaching International Law Webinar Series

Deadline Extended! BIICL is delighted to be convening a webinar series entitled Teaching International Law. The Organising Committee invites all those engaging with the teaching of international law from around the world to share their experiences and critically reflect on current practices of teaching international law. The aim is to foster reflection and discussion amongst the plurality of actors that teach international law across different contexts, traditions, and perspectives. The deadline…

Training

COVID-19 and International Law: What went wrong and what can we learn from it?

EVENTS COVID-19 and International Law: What went wrong and what can we learn from it? Philippe Sands in conversation with Gian Luca Burci Event - Tags Share Links Event - Timings and Location    Event details The adverse effects of the novel COVID-19 pandemic are felt globally, raising questions about the state of international…

COVID-19

Force Majeure and Hardship in Commercial Contracts: Cross-border and Comparative Perspectives

WEBINAR Force Majeure and Hardship in Commercial Contracts: Cross-border and Comparative Perspectives Event - Tags Share Links Event - Timings and Location      Event Details The objective of this webinar is to examine the legal consequences of a party's inability to perform a contract due to events outside their…

Comparative Law+4

ISDS FAQ

International Investment Law and Dispute Resolution (Online Course)  Frequently Asked Questions There's no link to pay by card. I do not have a PayPal account, how can I pay? You do not need to have a PayPal account to pay. You can also pay by Visa, MasterCard, Discover, or American Express. Simply click on pay by PayPal button and then click on 'Pay by Debit or Credit Card'. You can pay by Visa, MasterCard, Discover, or American Express. I…

Investment and Trade

Ideas and Perspectives for a Climate Emergency Bill: Developing a Toolkit for Legislators to Tackle Climate Change

WEBINAREE Ideas and Perspectives for a Climate Emergency Bill: Developing a Toolkit for Legislators to Tackle Climate Change Event - Tags Share Links Event - Timings and Location Recording of the Webinar Webinar: Ideas and Perspectives for a Climate Emergency Bill Sponsored by  Event details In May 2019 the UK parliament…

Climate Change

BIICL Global Development

BIICL establishes partnership with Singapore Management University (SMU) BIICL has now extended its presence in Asia, establishing a partnership with Singapore Management University (SMU). With the Centre for AI and Data Governance, the Centre for Cross Border Commercial Law in Asia, and the Singapore International Dispute Resolution Academy, the SMU Law School has significant research commitments in compatible fields of research interest as those which BIICL is prioritising. Professor David…

AI and Data Worlds+2

HRDD Forum: Damage control or opportunity for change?

EVENTS HRDD Forum: Damage control or opportunity for change?: Working with companies after the identification of human rights impacts Event - Tags Share Links Event - Timings and Location    Event details As expectations on business to undertake human rights due diligence are mounting, companies, advisers and other…

Business and Human Rights

European Parliament in-depth analysis on Sustainable Consumption and Consumer Protection Legislation

This In-Depth Analysis on "Sustainable Consumption and Consumer Protection Legislation", authored by Bert Keirsbilck, Evelyne Terryn, Anaïs Michel (KU Leuven) and Ivano Alogna (BIICL), was commissioned by Policy Department A at the request of the European Parliament's Committee on Internal Market and Consumer Protection (IMCO), in order to provide the Members of the European Parliament with evidence and recommendations for the own-initiative report entitled "Towards a more sustainable…

Climate Change+2

European Parliament in-depth analysis on Sustainable Consumption and Consumer Protection Legislation

This In-Depth Analysis on "Sustainable Consumption and Consumer Protection Legislation", authored by Bert Keirsbilck, Evelyne Terryn, Anaïs Michel (KU Leuven) and Ivano Alogna (BIICL), was commissioned by Policy Department A at the request of the European Parliament's Committee on Internal Market and Consumer Protection (IMCO), in order to provide the Members of the European Parliament with evidence and recommendations for the own-initiative report entitled "Towards a more sustainable…

Business and Human Rights+3

New Online Training Course on International Investment Law

Today BIICL begins offering a new online course in international investment law and dispute resolution The course developed by Professor Kryvoi,  Senior Research Fellow in International Economic Law and Director of the Investment Treaty Forum, will enable participants to understand the theory and practice of international investment law and dispute resolution. Participants will develop their own critical appreciation of history and nature of international investment law, the main substantive…

Investment and Trade

Hungary's Coronavirus legislative response: indeterminate powers for an indeterminate period

The UK's legislative response to Covid-19 has been enacted in great haste, and its impact on the Rule of Law will no doubt continue to be debated in the months to come. However, it is clear that the Coronavirus Act 2020 contains some important Rule of Law safeguards. It has a sunset clause , meaning it will expire after 2 years. It allows Parliament the possibility to review  the Act after 6 months. The Secretary of State must lay reports  before Parliament every 2 months…

COVID-19

POSTPONED: Prosecuting in the public interest: Independence without isolation

EVENTS POSTPONED: Prosecuting in the public interest: Independence without isolation Event - Tags Share Links Event - Timings and Location     Event details We are delighted to announce that the Director of Public Prosecutions, Mr Max Hill QC, will deliver a keynote speech on prosecutorial independence on Thursday 26…

Rule of Law

Online Course: International Investment Law and Dispute Resolution

International Investment Law and Dispute Resolution (Online Course) International Investment Law and Dispute Resolution (course trailer) Course details  This course covers the history and the rationale of protection of foreign direct investments, applicable law, the key principles of international investment law and investor-state dispute settlement. Total guided learning time: approximately 18 hours. The course is led by Professor Yarik Kryvoi. Professor…

Investment and Trade

POSTPONED: International and Comparative Law Quarterly Publishing Workshop in association with Cambridge University Press

EVENTS POSTPONED: International and Comparative Law Quarterly Publishing Workshop in association with Cambridge University Press Event - Tags Share Links Event - Timings and Location Sponsored by                 Event Details This workshop is aimed at those starting out in an academic…

ICLQ

Coronavirus Bill: A Rule of Law Analysis (Supplementary Report - House of Lords)

The Coronavirus Bill is a response to a genuine public health emergency and contains the most sweeping powers ever taken by the UK Government outside of wartime.  There is absolutely no doubt that the Government needs to take swift and bold measures to protect citizens, and that some of these measures will unavoidably impinge upon personal liberties in a drastic way. The role of Parliament in scrutinising these measures is even more important during an emergency. Neither law nor…

COVID-19+1

Empirical Study: Corporate Restructuring and Investment Treaty Protections

BIICL and Baker McKenzie present the first comprehensive empirical study on corporate restructuring and investment treaty protections. The study examines all publicly available decisions of investor-state tribunals dealing with issues of corporate structuring and restructuring. Facilitating the consistency and correctness of decisions remains an important concern for states including with regards to divergent interpretations relating to jurisdiction and admissibility. The UNCITRAL working…

Arbitration+1

BIICL and Baker McKenzie Announce New Study

New Empirical Study: Corporate Restructuring and Investment Treaty Protections Today BIICL and Baker McKenzie published the first comprehensive empirical study on corporate restructuring and investment treaty protections. The study examines all publicly available decisions of investor-state tribunals dealing with issues of corporate structuring and restructuring. Facilitating the consistency and correctness of decisions remains an important concern for states including with regards to divergent…

Arbitration+1

Empirical Study: Corporate Restructuring and Investment Treaty Protections

BIICL and Baker McKenzie present the first comprehensive empirical study on corporate restructuring and investment treaty protections. The study examines all publicly available decisions of investor-state tribunals dealing with issues of corporate structuring and restructuring. Facilitating the consistency and correctness of decisions remains an important concern for states including with regards to divergent interpretations relating to jurisdiction and admissibility. The UNCITRAL working…

Arbitration+1

Rule of Law Monitoring of Legislation - Coronavirus Bill

The Coronavirus Bill is a response to a genuine public health emergency and contains the most sweeping powers ever taken by the UK Government outside of wartime.  There is absolutely no doubt that the Government needs to take swift and bold measures to protect citizens, and that some of these measures will unavoidably impinge upon personal liberties in a drastic way. The role of Parliament in scrutinising these measures is even more important during an emergency. Neither law nor…

COVID-19+1

New Blog: The Future of the United Kingdom Investment Policy after Brexit

On 25 February 2020, BIICL convened an Investment Treaty Forum event to discuss the investment policy of the United Kingdom following its exit from the European Union. The UK is getting ready to deliver on the ambitious promise to conclude new trade agreements with various countries around the world. Although the European Union rules did not prevent the United Kingdom from concluding its own international investment agreements consistent with EU law, the British government preferred…

Courts and Tribunals+1

Does law fall silent in the war against Covid-19?

The UK's Prime Minister yesterday joined other international leaders in declaring "war " on the invisible enemy, Covid-19. In a public emergency, the Government is quite right to use emergency powers to protect the public.  Coronavirus is a genuine public health emergency, not a legal or political crisis. The primary focus of the Government's response is, rightly, on public health, medical evidence and scientific research. Lawyers are not doctors and aren't qualified to give medical advice…

COVID-19

Expert Roundtable: Modern Slavery Data for Investor Action

EVENTS Expert Roundtable: Modern Slavery Data for Investor Action Event - Tags Share Links Event - Timings and Location    Event Details The Bingham Centre for the Rule of Law and the Alan Turing Institute are working on a project focused on how to ensure investors and asset managers have access to high-quality, accurate…

Rule of Law

BIICL Coronavirus Update

In the context of the coronavirus outbreak, BIICL staff have been recommended to work from home until further notice, taking the health and welfare of our workforce and community is the best approach at this point.We aim to host some of our events online; others will be postponed until it is safe to re-schedule. Otherwise we will continue to deliver our work as normally as possible. We will post updates on the re-scheduling of events as it develops on the event webpage and here as a news item.…

COVID-19

The EU-UK Future Relationship and the Rule of Law

Executive Summary The EU and the UK have begun negotiating their future relationship. The two sides disagree over the structure of the agreement(s), the legal form of any commitments to maintain common standards, and dispute resolution. Each of these disagreements highlights the unprecedented nature of these negotiations: this is the first time the EU has negotiated an international agreement with a state after it has withdrawn from the EU through Article 50 TEU . The condensed timetable…

Brexit+2

Climate Change Event Report published

The Event Climate Change Litigation: Comparative and International Perspectives' held on 16 January 2020 event discussed legal developments in the field of climate change from a comparative and international perspective. The event was comprised of two panels, the first on 'Climate Change Litigation before Domestic Courts', and the second on 'Climate Change Litigation at the International Level'. The panellists included academics and legal practitioners, many of whom were, or are currently,…

Climate Change

Foreign Investment Policy in Asia: Liberalization, Facilitation and Screening

EVENTS Foreign Investment Policy in Asia: Liberalization, Facilitation and Screening Event - Tags Share Links Event - Timings and Location Co-organised in partnership with: Dhurakij Pundit University and Nagoya University  Event Details This event co-organised with Dhurakij Pundit University and Nagoya University will…

Arbitration+2

Zimbabwe - Living on the edge

The Mike Campbell Foundation and the Bingham Centre for the Rule of Law Presents: "Zimbabwe - Living on the edge" Event - Tags Share Links Event - Timings and Location Co-organised by the Bingham Centre and the Mike Campbell Foundation Event Details Living on the edge, without rule of law, is unimaginable to most people in the…

Rule of Law

Divergence and alignment: The Rule of Law implications of the future relationship with the EU

EVENTS Divergence and alignment: The Rule of Law implications of the future relationship with the EU Event - Tags Share Links Event - Timings and Location Sponsored by Event Details On Tuesday 25 February the EU published their negotiating directives for the future relationship following adoption by the Member States in…

Brexit+2

Human Rights Education 4 All: A Roundtable

EVENTS Human Rights Education 4 All: A Roundtable Event - Tags Share Links Event - Timings and Location      Event Details On March 9th 2020 the Bingham Centre will host a meeting of the Human Rights Education 4 All Alliance. The Group has been working on producing consultation responses to government inquiries,…

Rule of Law

Climate Change Litigation: Comparative and International Perspectives

The British Institute of International and Comparative Law held the event 'Climate Change Litigation: Comparative and International Perspectives' on 16 January 2020, as part of the Arthur Watts Seminar Series in Public International Law funded by Volterra Fietta. The event discussed legal developments in the field of climate change from a comparative and international perspective. It was comprised of two panels, the first on 'Climate Change Litigation before Domestic Courts', and the…

Climate Change

Human Rights Due Diligence Forum Events

HRDD Forum Events Events and conferences  The Forum is a membership-based group, bringing together some of the most expert and experienced lawyers working in the field. The Forum organises around 3-4 Roundtables a year involving thematic discussions on business and human rights related topics as they relate to legal practitioners. On occasion, external speakers may be invited to present on certain topics. In addition to the member-only events, there will be one public…

Business and Human Rights

Corporate Restructuring: Managing Investment Risks through Treaty Protections

EVENTS Corporate Restructuring: Managing Investment Risks through Treaty Protections Event - Tags Share Links Event - Timings and Location Co-organised in conjunction with Event details BIICL, in conjunction with Baker McKenzie, is delighted to present the first comprehensive empirical study on the permissibility of strategic…

Investment and Trade

Bringing claims for mass data-breaches

EVENTS Bringing claims for mass data-breaches Event - Tags Share Links Event - Timings and Location Sponsored by Event Details In light of increasingly high-profile cases concerning remedies for data breaches, this event will consider the different perspectives on accountability for mass data-breaches. Convened by the British…

Collective Redress+3

ICLQ Annual Lecture 2020

EVENTS ICLQ Annual Lecture 2020 Event - Tags Share Links Event - Timings and Location Sponsored by Event Details The Annual ICLQ Lecture this year will be based on the paper 'Modern Slavery: Uncovering and Bridging the Gap'  by Professor Philippa Webb and Dr Rosana Garciandia, both of King's College London. The article examines…

ICLQ

New empirical research on Intellectual Property litigation and launch of Platform regulation project

EVENTS AHRC Creative Industries Policy & Evidence Centre: New empirical research on Intellectual Property litigation and Platform regulation Event - Tags Share Links Event - Timings and Location Organised by Creative Industries Policy & Evidence Centre (PEC)  This conference is co-hosted by BIICL and CREATe, the UK Copyright and…

AI and Data Worlds

UK Investment Protection Policy Post-Brexit

EVENTS UK Investment Protection Policy Post-Brexit Event - Tags Share Links Event - Timings and Location Co-organised in partnership with Event details Following its official exit from the European Union on 31 January 2020, the UK is gearing up to launch an aggressive trade negotiation strategy with State partners around the…

Investment and Trade

European Commission study on due diligence in supply chains published

Today a study for the European Commission by BIICL, Civic Consulting and LSE Consulting was published by the European Commission. The study focused on due diligence requirements to identify, prevent, mitigate and account for abuses of human rights, including the rights of the child and fundamental freedoms, serious bodily injury or health risks, environmental damage, including with respect to climate. Through desk research, country analyses, interviews and surveys the study identifies Market…

Business and Human Rights

European Commission study on due diligence in supply chains

This study for the European Commission focuses on due diligence requirements to identify, prevent, mitigate and account for abuses of human rights, including the rights of the child and fundamental freedoms, serious bodily injury or health risks, environmental damage, including with respect to climate. The study was conducted by the British Institute of International and Comparative Law (lead), Civic Consulting  and LSE Consulting. Through desk research, country analyses, interviews…

Business and Human Rights

Biodiversity Beyond National Jurisdiction: Where are we and where to next?

EVENTS Biodiversity Beyond National Jurisdiction: Where are we and where to next? Event - Tags Share Links Event - Timings and Location Co-organised in partnership with Event Details    On the 24 December 2017, the United Nations General Assembly decided to convene an Intergovernmental Conference to develop the text…

Climate Change+1

Law, Culture and Human Rights in Asia and the Middle East

EVENTS Law, Culture and Human Rights in Asia and the Middle East Event - Tags Share Links Event - Timings and Location Co-organised by          Event Details The 4th Annual International Conference of the Asian Yearbook on Human Rights and Humanitarian Law, jointly organised by the British Institute for International and Comparative…

Cultural Heritage+1

A UK failure to prevent mechanism for corporate human rights harms: Is it legally feasible?

EVENTS A UK failure to prevent mechanism for corporate human rights harms: Is it legally feasible? e? Event - Tags Share Links Event - Timings and Location Sponsored by Event Details In March 2017, the UK Joint Committee on Human Rights released a report on business and human rights in which it proposed the introduction of a…

Business and Human Rights

New BIICL Report Looks at Preventing Human Rights Harms

Report explores the legal feasibility of introducing a corporate duty to prevent human rights harms. Today BIICL in partnership with Hogan Lovells and Quinn Emmanuel launches a new report entitled 'A UK Failure to Prevent Mechanism for Corporate Human Rights Harms'.  Key findings include: The majority of companies surveyed indicated that existing law does not provide business with sufficient legal certainty about which procedures are required to avoid legal risks for human rights abuses.…

Business and Human Rights

A UK Failure to Prevent Mechanism for Corporate Human Rights Harms

As developments around mandatory human rights due diligence laws are taking place rapidly across Europe, this report considers the legal feasibility of introducing into UK law a corporate duty to prevent human rights harms. In 2010, the UK Bribery Act introduced an offence if a company fails to prevent bribery. In 2017, the UK Joint Committee on Human Rights proposed that this model could be used for corporate human rights abuses. The report considers whether and how the legal elements…

Business and Human Rights

Rule of Law Measurement: Uses and Users

EVENTS Rule of Law Measurement: Uses and Users Event - Tags Share Links Event - Timings and Location        Event Details Hosted by the Bingham Centre for the Rule of Law in collaboration with the Bonavero Institute of Human Rights at the University of Oxford this event is focused on thinking about how better…

Rule of Law

Short Course: Business and Human Rights

EVENTS Short Course: Business and Human Rights Event - Tags Share Links Event - Timings and Location       Event Details Business and human rights is an area of international human rights law in continuous development at the international and national levels. On successful completion of BIICL's Business and Human…

Business and Human Rights

BIICL launches new MOOC: Citizenship and the Rule of Law

Today BIICL and the Bingham Centre are proud to announce the launch of an exciting course: 'Citizenship and the Rule of Law' This six-week course communicates our expertise in human rights, rule of law and international law through video lectures, articles, assessments and discussion forums. The initiative is aimed at lawyers, campaigners and students interested in learning more about the practical requirements of the Rule of Law and its application to everyday situations. The course is the…

Training

Is the rule of law too vague a notion to be monitored and enforced by the EU against backsliding Member States?

EVENTS Is the rule of law too vague a notion to be monitored and enforced by the EU against backsliding Member States? Event - Tags Share Links Event - Timings and Location Co-organised in partnership with  Event Details The rule of law is considered as a driver of legitimacy in the EU and the Member States. However, its…

European Law+1

Arbitration & Asia: Opportunities & Challenges

EVENTS Arbitration & Asia: Opportunities and Challenges Event - Tags Share Links Event - Timings and Location BIICL is a proud supporting organisation of this event co-organised by Fandga Partners and Three Crowns LLP and hosted by 39 Essex Chambers. Event Details As Asia's prominence in international dispute…

Arbitration+1

New Publication: Protecting Education in Insecurity and Armed Conflict

Today we are pleased to announce the release of the second edition of Protecting Education in Insecurity and Armed Conflict: An International Law Handbook. The publication is the result of the collaborative project between BIICL and Education Above All Foundation (EAA) through its Protect Education in Insecurity and Conflict (PEIC)   programme. The second edition, fully updated with the recent legal developments and relevant case-law, provides a comprehensive overview of current…

Human Rights and IHL

Protecting Education in Insecurity and Armed Conflict: An International Law Handbook (Second Edition).

Protecting Education in Insecurity and Armed Conflict: An International Law Handbook (Second Edition).  This Handbook is a practical and comprehensive guide to the relevant provisions of international law that protect education in situations of insecurity and armed conflict. Published in January 2020 this is the Second Edition of the Handbook, with the first one having been published in 2012. The Handbook was authored by BIICL, in cooperation with Protect Education in Insecurity…

Centre for International law+1

Course: Comparative Business Law

EVENTS Course: Comparative Business Law Event - Tags Share Links Event - Timings and Location Co-organised in partnership with: Event Details BIICL is working with ESCP Europe Business School on this 30 hour course on Comparative Business Law. Taught by BIICL and ESCP staff and legal practitioners, the course provides an excellent…

Arbitration+2

Understanding Assignments: English, comparative and private international law

EVENTS Understanding Assignments: English, Comparative and Private International Law Event - Tags Share Links Event - Timings and Location     Event Details The law of equitable assignment within English law simulates the effects of what would be termed 'assignment' in Civilian jurisdictions. Based on the work…

Comparative Law

BIICL / IADC Meeting: Toxic Torts & Emerging risks

EVENTS BIICL/IADC Meeting: Toxic Torts & Emerging risks Event - Tags Share Links Event - Timings and Location Co-organised by the IADC and the BIICL Product Liability Forum  Event Details This seminar will focus on current litigation & regulatory patterns in respect of toxic torts and related risks around…

Product Liability Forum

Climate Change Litigation: Comparative and International Perspectives

EVENTS Climate Change Litigation: Comparative and International Perspectives Event - Tags Share Links Event - Timings and Location Part of the Arthur Watts Seminar Series Sponsored by Event Details Climate change litigation is increasingly being used as a tool to pressure governments to adopt more ambitious climate policies based…

Climate Change

Bilingualism in law in practice: the experience of Belarus and the United Kingdom

EVENTS Bilingualism in law in practice: the experience of Belarus and the United Kingdom Event - Tags Share Links Event - Timings and Location Sponsored by: The British Embassy in Minsk Co-organised in partnership with: The National Academy of Sciences of Belarus Event details Both the United Kingdom and Belarus have more than…

Cultural Heritage

The European Union (Withdrawal Agreement) Bill and the Rule of Law

The European Union (Withdrawal Agreement) Bill (WAB) is a Bill of paramount constitutional importance. The aim of this report is to examine a number of Rule of Law issues raised by the WAB. This report uses the Rule of Law checklist adopted by the Venice Commission in 2016 to inform its analysis of the WAB. These Rule of Law standards provide a guide to the core elements of the Rule of Law, for which consensus can be found amongst the 47 States of the Council of Europe. The Venice Commission's…

Brexit+2

The United Nations Convention against Corruption and International Investment Law

EVENTSed Nations Convention against Corruption and International Investment Law The United Nations Convention against Corruption and International Investment Law Event - Tags Share Links Event - Timings and Location Co-organised in partnership with Event Details With over 180 State parties the United Nations Convention against…

Investment and Trade

New Security Threats and the Future of Economic Globalization

A multi-year project with the Graduate School of International Development of Nagoya University (Japan)  to explore New Security Threats and the Future of Economic Globalization. This inter-disciplinary (law and political science) research project funded by the Japan Society for the Promotion of Science  will explore the increasing tension between economic globalization and security issues. Share LinksProject - Tags It will examine whether the current trade…

AI and Data Worlds+1

BIICL to Explore New Security Threats and the Future of Economic Globalization

Today BIICL announced a new multi-year project with the Graduate School of International Development of Nagoya University (Japan) to explore New Security Threats and the Future of Economic Globalization. The inter-disciplinary (law and political science) research project funded by the Japan Society for the Promotion of Science  will explore the increasing tension between economic globalization and security issues. It will examine whether the current trade and investment liberalisation…

Investment and Trade

International Law, Force and Coercion in the South China Sea

L Buszynski and D T Hai (eds) THE SOUTH CHINA SEA: FROM A REGIONAL MARITIME DISPUTE TO GEO-STRATEGIC COMPETITION (Routledge Security in Asia Pacific Series 2019) pp.169-182). This chapter combines an examination of international jurisprudence and state practice in addressing three separate legal issues that have arisen in the context of disputes over territory with a special focus on the South China Sea: (1) the applicability of the rules on the use of force to territorial disputes; (2)…

Law of the Sea

HRDD Fourm: The interaction between investment disputes and human rights due diligence

EVENTS HRDD Forum: The interaction between investment disputes and human rights due diligence Event - Tags Share Links Event - Timings and Location       Event Details Following recent regulatory decisions aimed at reaching climate change targets, states such as the Netherlands, Germany and the EU are facing investment…

Business and Human Rights

International Commercial Arbitration- The View from the Commonwealth Ecosystem

EVENTS International Commercial Arbitration - The View from the Commonwealth Ecosystem Event - Tags Share Links Event - Timings and Location Co-organised in partnership with          Media Partner Event Details The Commonwealth study into international commercial arbitration provides the rare opportunity…

Arbitration

Blog: The interaction between investment disputes and human rights due diligence

On 4 December 2019, the newly-established Human Rights Due Diligence Forum of the British Institute of International and Comparative Law convened its first meeting. The topic was the interaction between investment disputes and human rights due diligence. The main focus of the meeting was on the implications of newly adopted or proposed laws on human rights due diligence. Such laws essentially place the responsibility of prevention of human rights violations on multinational enterprises,…

Business and Human Rights+1

ICLQ Announces 2020 Annual Lecture and Young Scholar Prize Winner

ICLQ Announces 2020 Annual Lecture and Young Scholar Prize Winner Each year the Editorial Board of the International and Comparative Law Quarterly selects one of the best papers of the previous 12 months for presentation at BIICL in London as a lecture. We are delighted to announce that the Annual ICLQ Lecture this year will be given by Professor Philippa Webb and Dr Rosana Garciandia, both of Kings College London, based on their article published in Vol 68(3)   "State Responsibility…

ICLQ

2019 Empirical study: Provisional measures in investor‑state arbitration

BIICL and White & Case complete a research project on provisional measures in investment arbitration. On 27 November BIICL and White & Case presented the first comprehensive empirical study on provisional measures in investment treaty arbitration. The study examines over a hundred decisions and orders rendered by ICSID, UNCITRAL and other investor-state tribunals. It offers a unique insight into how international tribunals treat applications for provisional measures. Over the…

Arbitration+1

Short Course: Public International Law in Practice (November 2019)

EVENTS Short Course: Public International Law in Practice  Event - Tags Share Links Event - Timings and Location    Event Details Short Course Public International Law in Practice offers a dynamic introduction into applied public international law from the British Institute of International and Comparative Law.…

Arbitration+6

ITF Meeting: Provisional Measures in Investor-State Arbitration

EVENTS ITF Meeting: Provisional Measures in Investor-State Arbitration Event - Tags Share Links Event - Timings and Location  Co-organised in partnership with: Event Details BIICL, in conjunction with White & Case, is delighted to present the first comprehensive empirical study on provisional measures in investment treaty arbitration. The…

Arbitration

2019 Empirical study: Provisional measures in investor‑state arbitration

BIICL and White & Case complete a research project on provisional measures in investment arbitration On 27 November BIICL and White & Case presented the first comprehensive empirical study on provisional measures in investment treaty arbitration. The study examines over a hundred decisions and orders rendered by ICSID, UNCITRAL and other investor-state tribunals. It offers a unique insight into how international tribunals treat applications for provisional measures. Over the past…

Arbitration

42nd FA Mann Lecture: Preserving the Rule of Law in the Age of Trump

EVENTS 42nd FA Mann Lecture: Preserving the rule of law in the age of Trump Event - Tags Share Links Event - Timings and Location Sponsored by Event Details Chair Sir Christopher Greenwood GBE CMG QC Speaker Harold Hongju Koh, Sterling Professor of International Law, Yale Law School Professor Koh will be speaking on the topic…

Rule of Law

Offshore methane hydrates in Japan: Research Report published

Dr Constantinos Yiallourides has recently completed a 14 months-long research project in Tokyo, Japan. The project examined the potential prospects and benefits from the commercial development of offshore methane hydrates in Japan and whether existing legal frameworks are sufficiently robust to address the foreseeable environmental risks posed by methane hydrate exploration and exploitation operations in Japan and beyond.  The project investigated how methane hydrates fit within Japan's…

Climate Change+1

Is antitrust still fit for purpose in a digital age?

EVENTS Is antitrust still fit for purpose in a digital age? Event - Tags Share Links Event - Timings and Location Sponsored by Event Details The digital space is top of mind for antitrust authorities globally and one central question is whether existing antitrust law and enforcement practice remains fit for purpose. The roundtable…

Competition Law

Fisheries after Brexit

EVENTS Fisheries after Brexit Event - Tags Share Links Event - Timings and Location Sponsored by Event Details As a result of Brexit, a new fisheries regime or regimes governing the UK exclusive economic area will need to be devised in the context of a UK constitutional arrangement whereby fisheries management has been transferred to the four devolved…

Brexit+1

Small States, International Law and the Realisation of Rights

EVENTS Conference: Small States, International Law and the Realisation of Rights Event - Tags Share Links Event - Timings and Location Co-organised in partnership with Event Details The conference will examine how Small States influence international law and global decision-making, including a review of the common challenges faced and a comparative…

International Litigation

Short Course: Cross-border Dispute Resolution

EVENTS Short Course: Cross-border Dispute Resolution Event - Tags Share Links Event - Timings and Location     Event Details This three-day programme is focused on current developments and strategies in cross-border dispute resolution. Cross-border dispute resolution is a part of the practice of almost every commercial…

Comparative Law+1

Challenges of Arbitration in Asia

EVENTS Challenges of Arbitration in Asia Event - Tags Share Links Event - Timings and Location Sponsored by Event Details This event focuses on recent developments of arbitration in Asia. Weixia Gu, University of Hong Kong, will highlight current issues that arise in arbitration from an Asian perspective, and present an inter-jurisdiction…

Arbitration

Blog: Counterclaims in investor-state disputes: time for the system to change?

At a packed BIICL event on 6 November 2020, we discussed counterclaims in investor-state disputes. DLA Piper and the Investment Treaty Forum brought together an excellent panel to discuss the complexities of asserting counterclaims, including jurisdictional, substantive and enforcement aspects of it: Michael Ostrove, David Herlihy, Alison Macdonald and Dainis Pudelis from the State Chancellery of the Republic of Latvia. Although I was not one of the event's main speakers, I have been…

Arbitration+1

ITF Meeting: Counterclaims in Investor-State Arbitration

EVENTS ITF Meeting: Counterclaims in Investor-State Arbitration Event - Tags Share Links Event - Timings and Location Co-organised with: Event Details As the system of investor-state disputes is criticised by some as biased in favour of investors. One aspect of this bias is that many investment treaties only place obligations on the host State to…

Arbitration

'The future of Europe' conference (Bucharest)

EVENTS 'The future of Europe' conference (Bucharest) former recently taking measures to protect judges from political influence. Event - Tags Share Links Event - Timings and Location     Event Details Rule of Law backsliding in Central and Eastern Europe remains worrisome. Recently, the Venice Commission expressed serious…

European Law+1

Blog: Appointment of International Judges and Arbitrators: Perspectives from Different Institutions

On 18 October 2019, we put together a joint BIICL/University of Liverpool event on the appointment of international judges and arbitrators. The idea was to look at common trends and divergences between various international courts and tribunals with a particular focus on legitimacy and the rule of law. Diversity as legitimacy I presented my views on the split between the public and private adjudication and how it may undermine the legitimacy of various institutions. For instance, the…

Arbitration+1

Appointment of International Judges and Arbitrators: Legality, Legitimacy and the Rule of Law

EVENTS Appointment of International Judges and Arbitrators: Legality, Legitimacy and the Rule of Law Event - Tags Share Links Event - Timings and Location Co-organised with International Law and Human Rights Unit  Event Details The backgrounds and professional qualifications of judges have become salient and contested issues…

Arbitration+1

Blog: Valuation of damages in investment disputes - conference takeaways

On 18 October 2019, we organised a conference on the valuation of damages in international investment law. This topic is far from being theoretical as slight differences in the methodology of calculation of damages can lead to giant differences in sums awarded. For example, in the controversial Tethyan v. Pakistan case earlier this year, Pakistan was ordered to pay nearly US$6 billion as compensation when one of its provinces denied a mining licence. The ICSID tribunal used a "modern…

Investment and Trade

Thirty Third ITF Public Conference: Valuation of Damages in International Investment Law

EVENTS Thirty Third ITF Public Conference: Valuation of Damages in International Investment Law Event - Tags Share Links Event - Timings and Location Lunch sponsored by                                          Media Sponsor Event Details…

Investment and Trade

PLF Meeting: Domestic Appliances and Product Liability

EVENTS PLF Meeting: Domestic Appliances and Product Liability Event - Tags Share Links Event - Timings and Location     Speakers include: Pierre Chalançon, APPLiA (Home Appliance Europe ) and Vorwerk & Co, who will discuss the current regulatory & litigation environment for white goods, as well as the impact…

Comparative Law

State Aid and Tax – Two ECJ landmark rulings

EVENTS State Aid and Tax - Two landmark rulings from the General Court Event - Tags Share Links Event - Timings and Location      Event Details On September 24 the General Court announced the decisions on the appeals brought by the Netherlands and Luxembourg governments regarding the Commission's decisions on Starbucks and Fiat. The…

Competition Law

No Deal Brexit, Business and the Rule of Law

The profound changes that would accompany a No Deal Brexit will transform the legal environment in which business operates, from changing the terms of trade relationships in Europe, to the structure of regulation and the content of laws.  This paper explores the consequences for the Rule of Law for Business from these changes, by drawing on the perspectives of experts from the Bingham Centre's business network and other Brexit experts. Our interviews revealed that the search for…

Brexit+1

External Event: The London Conference on International Law

EVENTS External Event: The London Conference on International Law Event - Tags Share Links Event - Timings and Location    Event Details The London Conference on International Law will bring together international law academics, judges, practitioners, representatives of civil society, business-leaders, and other stakeholders to see how States…

International Law+1

Determinants of Anti-Trafficking Efforts

BIICL is delighted to be undertaking a large scale project on determinants of anti-trafficking policies around the world. The overall goal of the project is to improve national governments' anti-trafficking efforts.  It will assess the links and sequencing of specific factors that have yielded improved political will and capacity in national governments to address trafficking in persons and which have led to sustained and comprehensive anti-trafficking efforts. Through a multi-pronged…

Human Rights and IHL+1

New Project launch: Determinants of Anti-Trafficking Efforts

BIICL is delighted to announce the launch of a new project entitled: Determinants of Anti-Trafficking Efforts.  The project, which is funded by the United States Government, assesses the links and sequencing of specific factors that have yielded improved political will and capacity in national governments to address trafficking in persons and which have led to sustained and comprehensive anti-trafficking efforts. It seeks to answer the practical question asked by anti-trafficking actors…

Migration

Offshore Methane Hydrates in Japan: Prospects, Challenges and the Law

Offshore Methane Hydrates in Japan: Prospects, Challenges and the Law Working Paper, September 2019 Authors: Constantinos Yiallourides & Roy Andrew Partain Report Summary This report provides a background to the science and engineering of Japan's offshore methane hydrates, on the place of the natural gas produced from those hydrates in Japan's overall energy policies, and how Japan might best legally prepare for the onset of natural gas production from those offshore hydrate assets.…

Climate Change+1

Representing Interests of States in International Courts and Tribunals

EVENTS Representing Interests of States in International Courts and Tribunals Event - Tags Share Links Event - Timings and Location       Event Details This joint event of the British Institute of International and Comparative Law and the Belarusian State University will focus on complexities of representing the…

Investment and Trade

ISDS@Singapore Public Conference: Dimensions of Legitimacy in Investor-State Dispute Settlement

EVENTS ISDS@Singapore Public Conference: Dimensions of Legitimacy in Investor-State Dispute Settlement Event - Tags Share Links Event - Timings and Location Event Details The landscape of investor-State dispute settlement is changing. In 2017, the United Nations Commission on International Trade Law conferred a broad mandate on Working Group III to…

Investment and Trade

Sixth Annual Bingham Lecture

EVENTS Sixth Annual Bingham Lecture g Event - Tags Share Links Event - Timings and Location     Event Details The Sixth Annual Bingham Lecture: 'Process of Discovery: What Brexit has taught us (so far) about Parliament, Politics and the UK Constitution' Delivered by The Rt Hon John Bercow MP, Speaker of the House of Commons    …

Brexit+1

UNGPs in Legal Practice Roundtable Series: Human Rights Due Diligence and Corporate Liability

EVENTS UNGPs in Legal Practice Roundtable Series: Human Rights Due Diligence and Corporate Liability Event - Tags Share Links Event - Timings and Location Event Details In the sixth roundtable of our UN Guiding Principles on Business and Human Rights (UNGPs) in Legal Practice Roundtable series, we will explore the links between human rights due diligence…

Business and Human Rights

New workshop report: The Human Right to Access and Enjoy Cultural Heritage in the United Kingdom

On the 31st of May 2018, the British Institute of International and Comparative Law hosted a workshop  on the human right to access to, and enjoyment of, cultural heritage in the United Kingdom (UK), which was moderated by Kristin Hausler (Dorset Senior Fellow). This workshop was organised as part of HEURIGHT, a research project on Cultural Heritage in the European Union, in relation to which an edited volume was published by Brill Nijhoff in 2019. While there is no right to cultural…

Cultural Heritage

The Human Right to Access and Enjoy Cultural Heritage in the United Kingdom

On the 31 May 2018, the British Institute of International and Comparative Law hosted a workshop on the human right to access to, and enjoyment of, cultural heritage in the United Kingdom (UK), which was moderated by Kristin Hausler (Dorset Senior Fellow). This workshop was organised as part of HEURIGHT, a research project on Cultural Heritage in the European Union, in relation to which an edited volume was published by Brill Nijhoff in 2019. While there is no right to cultural…

Cultural Heritage

The EU Engagement in International Migration Policies

United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM): The EU Engagement in International Migration Policies' Book chapter in R Wessel and J Odermatt, Research Handbook on the European Union and International Organizations (Edgar Elgar 2019) Over the years, the European Union has developed relationships with other international institutions, mainly as a result of its increasingly active role as a global actor and the transfer of competences…

European Law+2

Migrant integration survey

Migrant Integration Survey Heading Integer ante arcu, accumsan a, consectetuer eget, posuere ut, mauris. Donec vitae sapien ut libero venenatis faucibus. Quisque libero metus, condimentum nec, tempor a, commodo mollis, magna. Proin viverra, ligula sit amet ultrices semper, ligula arcu tristique sapien, a accumsan nisi mauris ac eros. Vestibulum facilisis, purus nec pulvinar iaculis, ligula mi congue nunc, vitae euismod ligula urna in dolor. Complete the survey…

Migration

GCM Ind: Obj 10:Prevent, combat and eradicate trafficking in persons in the context of Int Migration

Blog post written by Dr Jean-Pierre Gauci and Francesca Romana Partipilo (British Institute of International and Comparative Law) and forms part of a series of blog posts examining the implementation of the Global Compact for Safe, Orderly and Regular Migration. Read the Blog 

Migration

Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?

Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration? Blog by Yarik Kryvoi, and Lizaveta Trakhalina Kluwer Arbitration Blog 10/08/19 Read the Blog 

Arbitration

Solidarity "A La Carte": The EU's Response to Boat Migration

Solidarity "A La Carte": The EU's Response to Boat Migration Blog by Jean-Pierre Gauci Arthur Watts Senior Research Fellow in Public International Law Eleni Karageorgiou,Postdoctoral Fellow, Department of Law at Lund University and Researcher at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. Opionio Juris 09/08/19 Read the Blog 

Migration

BIICL Announce Hong Kong Partnership

BIICL is delighted to announce that it has signed a Memorandum of Understanding (MoU) with The Chinese University of Hong Kong (CUHK). Under the MoU, BIICL and CUHK will cooperate in knowledge creation and exchange in various fields of law, such as international and comparative law. In addition, both parties will co-organise events and develop professional training and continuing professional development across the legal, governmental and non-governmental communities in Hong Kong and Asia.…

BIICL Global+1

GCM Indicators: Objective 9: Strengthen the transational response to smuggling of migrants

GCM Indicators: Objective 9: Strengthen the transational response to smuggling of migrants Blog post written by Dr Jean-Pierre Gauci and Francesca Romana Partipilo (British Institute of International and Comparative Law) and forms part of a series of blog posts examining the implementation of the Global Compact for Safe, Orderly and Regular Migration. Read the blog 

Migration

International Dispute Resolution: Reflections and Redirections

Time: 14.15-18.15 (registration from 14.00) Venue: Chinese University of Hong Kong, Graduate Law Centre, 2/F, Bank of America Tower12, Harcourt Road, Hong Kong In collaboration with The British Institute of International and Comparative Law (BIICL) and the Chinese University of Hong Kong (CUHK) are hosting an inaugural seminar to celebrate the launch of BIICL's first Asian based office. 14:15 Opening remarks by Professor Christopher Gane, Dean of Law, CUHK 14:30 Speech by Professor Rocky Tuan, Vice-Chancellor,…

Hong Kong

Centre for International Law

Centre for International Law International law, with its set of rules established through treaty or custom, is the key to stable international relations, collective security, and sustainable development. When international law is not respected, growing insecurity and inequalities, as well as attacks on the rule of law, become the norm. Following decades of efforts to expand the reach and content of international law through multilateralism, international law is now challenged…

International Law

Competition Law Forum

Competition Law Forum Overview The Competition Law Forum is a centre of excellence for European competition and antitrust policy and law at the British Institute of International and Comparative Law. It provides a forum in which the practical application of competition policy is considered by lawyers, economists, senior business managers, public servants, public affairs professionals, consumer bodies and other specialist practitioners.  The Forum identifies areas requiring…

Competition Law

Assistance to States in Investment Treaty Matters

Assistance to States in Investment Treaty Matters The Investment Treaty Forum is pleased to facilitate assistance to States when reforming their domestic laws and international treaties, negotiating international agreements or when faced with an investment dispute. Given that the Forum has been established with a view to facilitating discussion amongst lawyers, policy advisers, academics, government officials and other specialist practitioners, it is in a strong position to assist…

Arbitration+1

Herbert Smith Freehills Project Series

New Specialist Commercial Courts - Changing Dispute Resolution post Brexit? (2019/2020) Overview With support of Herbert Smith Freehills, the Center of Comparative Law is working on the project "New Specialist Commercial Courts - Changing Dispute Resolution post Brexit?" The project looks at the newly established Commercial Courts (CCs) in Europe and their possible impact on the European market for litigation. Legislative initiatives to create Commercial Courts have been put forward in…

Centre for Comparative Law+1

Prime Minister announces new Modern Slavery Centre to be led by the Bingham Centre

Prime Minister announces new Modern Slavery Centre to be led by the Bingham Centre The Prime Minister has today announced the investment of £10 million of public funding from UK Research and Innovation's Strategic Priorities Fund to create an ambitious new Policy and Evidence Centre on Modern Slavery and Human Rights. The Centre's job will be to bring about a step change in our understanding of modern slavery and to transform the effectiveness of the legal and policy framework which is designed…

Human Rights and IHL

The Right to Cultural Heritage - Its Protection and Enforcement through Cooperation in the European Union (HEURIGHT14).

In June 2015, the British Institute of International and Comparative Law, BIICL was awarded funding from the Arts and Humanities Research Council (AHRC) for a three-year project on 'The Right to Cultural Heritage - Its Protection and Enforcement through Cooperation in the European Union' (HEURIGHT). This project investigates how human rights guarantees in relation to cultural heritage are being understood and implemented within the EU and by the EU as part of its external action. It focuses…

Cultural Heritage

The 58th London-Leiden Conference: The European Union and International Law

Time: 09.30-17.30 (registration from 09.00) Venue: King's College London, Bush House, 30 Aldwych, London, WC2B 4BG Sponsored by Now in its 58th year, this year's London-Leiden conference will discuss the role of the European Union in the broader international law framework. Article 3(5) of the Treaty on the European Union, requires the Union to contribute to the strict observance and development of international law. In this conference, we will explore whether and how the European Union is…

European Law

CLF Lunch seminar on digital platforms and other pressing antitrust issues

Time: 12:00-13:30 (registration from 11:30) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP On the antitrust field, platform power continues to be in the spotlight. The Bundeskartellamt's decision against Facebook and the European Commission's interventions against Google brings some interesting views on how to deal with cases within the digital space. How will political change in Europe - if any - affect trans-Atlantic views…

Competition Law

European State Aid and Tax Rulings

European State Aid and Tax Rulings This book investigates whether the European Commission (EC) has the mandate to legislate on direct taxation in sovereign states and ultimately questions whether the EC's enforcement action in recent tax ruling cases, in the area of state aid, respects the rule of law. Publication - Download PDF Share Links Publication - Tags

Competition Law

Excellent ICLQ Performance in 2018 Impact Factor

Our journal, The International and Comparative Law Quarterly, is now the top-ranked peer-reviewed international law journal according to Journal Citation Reports (Web of Science Group, 2019) 2018 2-year Impact Factors announced yesterday. The ICLQ is now placed 30th out of all 148 law journals in the Journal Citation Reports. According to the reports, in International law only the student-reviewed Harvard Journal of International Law ranks more highly than the ICLQ. Impact Factor is a measure…

ICLQ

ITF Debate on Regulatory Freedom and Indirect Expropriation in Investment Arbitration

Listen to the audio recording ITF Debate on Regulatory Freedom and Indirect Expropriation in Investment ArbitrationThis ITF meeting will feature a debate of the scope, relationship and method for delineating between regulatory freedom and indirect expropriation and ways for resolving this in practice - considering important issues such as the intent and effects of State actions. It will also include the launch of Dr Aniruddha Rajput's book entitled "Regulatory Freedom and Indirect Expropriation…

Investment and Trade

PLF meeting: New Regulatory Landscape for Products post-Brexit

Time: 17:00-19:30 Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP The event is run jointly with the MHRA and the Public Law Project, and will bring together leading experts to examine the recent products-related Statutory Instruments and their impact on the regulation of products post-Brexit in spheres such as medicines (Human Medicines (EU Exit Regulations) 2019), chemicals (REACH etc (Amendment etc) (EU Exit) Regulations…

Brexit+1

Current issues and common challenges for the protection of human rights in Europe, Africa and the Americas

Time: 10.00-18.30 (registration from 09.30) Followed by a reception Venue: Travers Smith LLP, 2-3 Hosier Lane, London EC1A 9LX Sponsored by THIS EVENT IS NOW FULLY BOOKED This one-day conference will consider current issues and common challenges facing the three regional court systems in Europe, Africa and the Americas: the European Court of Human Rights; the African Commission and Court on Human and Peoples' Rights; and the Inter-American Commission and Court of Human Rights. The event will…

Courts and Tribunals

Highlights from the 2019 annual ICN meeting in Cartagena and the direction for the ICN in 2020

Time: 14:30-17:30 (registration from 14:00) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP In collaboration with the Competition Markets Authority (CMA), the Competition Law Forum (CLF) will bring together CMA officials, UK NGAs, EU NGAs and businesses to consider the questions from this year's annual ICN meeting in Cartagena. The ICN direction for 2020 will also be discussed. Speakers Tony Penny, Assistant Director, International,…

International Law

Annual Grotius Lecture 2019

Time: 17.30-19.00 (registration from 17.00) Event followed by a drinks reception Venue: Bank of England, Threadneedle Street, London, EC2R 78AH. Sponsored by: THIS EVENT IS NOW FULLY BOOKED 2019 marks centenary of the Sex Disqualification (Removal) Act 1919, which paved the way for women to become lawyers for the first time. It is, therefore, fitting that this year's lecture is entitled "Women's Rights Worldwide" and will be delivered by Baroness Hale of Richmond, the current - and first woman…

Human Rights and IHL+1

Asian Yearbook of Human Rights and Humanitarian Law invite submissions

Today BIICL announces a call for submissions to the Asian Yearbook of Human Rights and Humanitarian Law (AYBHRHL) volume V to be published in 2021 on the subject of Culture and Cultural Heritage in Asia and the Middle East, addressing culture and cultural heritage in times of peace and armed conflicts in the region. The authors of papers being included in the yearbook will be invited to be present their paper at the 2020 conference to be held on 14th February 2020. More details about the conference…

Human Rights and IHL

Facebook’s Anticompetitive Lean in Strategies

Abstract Facebook is under fire on several fronts and with good reason. Regulators strive to make sense of and address a plethora of seemingly unrelated issues that arise from the operation of its platform. These range from antitrust, privacy violations, dissemination of harmful content and speech, deception and polarisation to political manipulation. This paper identifies Facebook's unrestricted and excessive data collection as a unifying theme that requires immediate antitrust action.…

Competition Law

Draft Report: Reform of the European Court of Human Rights

On the 21st of May, BIICL hosted a seminar on Reform of the ECtHR: would closer co-operation with national senior courts help? The draft report presented at the seminar can be accessed here. Its authors are now seeking views and comment on its content and its central proposal: the adoption of a rule of procedure or practice by national senior courts which requires those courts, in any judgment rejecting a claim based on the Convention, to include a succinct statement of the reasons for dismissing…

Courts and Tribunals

28th Annual SLS/BIICL Workshop on Theory in International Law

EVENTS 28th Annual SLS/BIICL Workshop on Theory in International Law Event - Tags Share Links Event - Timings and Location Spaces beyond Sovereignty: International Law Outside of Territorial Jurisdiction 4th December 2017, the UN General Assembly decided to convene an intergovernmental conference to negotiate a treaty on the conservation and sustainable…

European Law

Cultural Heritage in the European Union

Cultural Heritage in the European Union Edited by Andrzej Jakubowski, Kristin Hausler and Francesca Fiorentini Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as…

Cultural Heritage

ICLQ Annual Lecture 2019 - Judicial Review in the EU's Common Foreign and Security Policy

Time: 17.30-19.30 (Registration from 17.00) Event followed by a drinks reception Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP The Annual ICLQ Lecture this year will be based on the paper 'Judicial Review in the EU's Common Foreign and Security Policy' by Professor Panos Koutrakos of City University. The paper examines the jurisdiction of the Court of Justice of the European Union in relation to judicial review of the Common…

ICLQ

ICLQ announces winner of 2018 Young Scholar Prize

ICLQ announces winner of 2018 Young Scholar Prize The Editorial Board of the International and Comparative Law Quarterly is pleased to announce that the 2018 Young Scholar Prize will be awarded to Dr Barrie Sander of the Fundacao Getulio Vargas in Rio de Janeiro for his article 'History on Trial: Historical Narrative Pluralism within and beyond International Criminal Courts' published in Volume 67 Part 3. The Prize is awarded annually to the best article by a scholar aged 35 or under at the…

ICLQ

Thirty Second ITF Public Conference: State Responsibility in Investment Law

Time: 09:00-17:00 (Registration from 08:30) Venue: BMA House, Tavistock Square, Bloomsbury, London WC1H 9JP THIS EVENT IS NOW FULLY BOOKED The event will bring together arbitrators, leading practitioners and academics working in the area of international investment law to discuss issues related to State responsibility, including: circumstances precluding wrongfulness force majeure, distress and necessity fundamental change of circumstances attribution for the conduct of different branches of…

Investment and Trade

16th Annual BIICL International Mergers and Antitrust Conference

Time: 14:00-18:10 (Registration 13:30) Followed by a drinks reception Venue: Institute of Directors, 116 Pall Mall, London, SW1Y 5ED The digital economy continues to deliver huge opportunities for business and consumers, but challenges for authorities charged with promoting competitive markets and protecting consumers. Our panel of experts will discuss the implications of recent influential reports for all stakeholders active on digital markets and companies looking to digitise their businesses.…

Competition Law

The Belt & Road Initiative and Global Dispute Resolution London Forum

Time: 14.15-18.00 (Registration from 13.45) Followed by a drinks reception Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP THIS EVENT IS NOW FULLY BOOKED In advance of the of 2019 London International Disputes Week, BIICL, in cooperation with the China International Economic and Trade Arbitration Commission (CIETAC), is delighted to co-organise 'The Belt and Road Initiative and Global Dispute Resolution' London Forum. The…

Arbitration

Blog: Zuckerberg is right: third party standards must govern online speech

While some lawmakers and privacy advocates have criticized Mark Zuckerberg's recent call for greater government oversight, deeming it PR-driven and self-serving, the proposal he outlined goes a long way toward reforming an issue of enormous significance in the tech space. He advocates for third-party content standards, which would sharply reduce Facebook and other companies' power to decide what constitutes protected speech.Freedom of speech, guaranteed under the First Amendment of the Constitution,…

Business and Human Rights

Online advertising, human rights and the Rule of Law (New York)

Time: 18.00-19.30 (Registration from 17.30) Venue: Cantor Boardroom 11-75, New York University Stern School of Business, Henry Kaufman Management Center (KMC), 44 West 4th Street, New York 10012 This discussion will consider the human rights implications of current online advertising practices, and how advertisers, internet platforms, and advertising companies can be expected to address these risks. Advertisers face potential reputational risks when brands are associated with hateful or harmful…

Business and Human Rights

17th Annual Review of the Arbitration Act

Time: 14.00-18:15 (Registration from 13:30) Venue: Simmons & Simmons LLP, CityPoint, 1 Ropemaker Street, London EC2Y 9SS Event Papers Keynote lecture by Sir Rupert Jackson Judicial Decisions Summaries - December 2017 to February 2019 BIICL in cooperation with Simmons & Simmons is organising the 17th Annual Review of the Arbitration Act. The event will be held on Tuesday 26 March 2019 and will bring together judges, leading practitioners and academics working in the area of international…

Arbitration

UK Business and Human Rights Scholars Network meeting

Time: 12.00-17.30 (Registration from 11.30) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP UK Business and Human Rights' Scholars Network is a multi-disciplinary initiative led by the Essex Business and Human Rights Project. It brings together scholars interested in all areas of business and human rights from any discipline. The goal of the Network is to create space and opportunities for scholars researching, teaching and…

Business and Human Rights

Is Corporate Accountability Possible in Capitalism?

Time: 17.30 19.30 (Registration from 17.00) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP The speakers on the panel will discuss the demand for corporate accountability in a context where more and more areas of life are organised by, and mediated through corporations, for profit. This increased corporate presence has led to areas of friction where the demand for 'corporate accountability' seeks to address the balance between…

Business and Human Rights

How to tackle Rule of Law backsliding in the EU?

Time: 9.30-11.30 CET (registration with coffee opens at 9.00) Venue: Info Point Europa - Schuman, Rond-point Schuman / Schuman Plein, Rue Archimède, 1 - B-1000 Brussels, Belgium There have been important developments and decisions taken in the past few months with respect to the Rule of Law in the European Union (EU). This includes, for example, the European Commission's proposal on the protection of the Union's budget in case of generalised deficiencies as regards the Rule of Law, which would…

European Law+1

The ICJ Advisory Opinion on the Chagos Islands

Time: 17.30-18.30 (Registration from 17.00) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP This event will discuss the most recent decision of the International Court of Justice. On the 25th of February, the Court delivered its Advisory Opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. The Court found that the separation of the Chagos islands from the British colony of Mauritius…

Law of the Sea

Brexit Votes Explained UK in a Changing Europe and Bingham Centre for the Rule of Law report

The report sets out what affects MPs' influence and shows that there could be no deal if members of parliament continue to vote against everything. Publication - Download PDF Share Links Publication - Tags

Brexit

CLF lunchtime seminar: The importance of economic effects

Time: 12.30-14.00 (Registration and a sandwich lunch from 12 noon) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP Roger P. Alford and Jeffrey M. Wilder will be discussing the importance of economic effects in antitrust. Christian Ahlborn, Partner at Linklaters, will provide comments to their presentation. Speakers Roger P. Alford, Deputy Assistant Attorney General for the Antitrust Division, U.S. Department of Justice…

Competition Law

BCLP & BIICL Conference - Competition in Financial Services

Time: 15.00-18.00 (Registration from 14.30) Event followed by a drinks reception Venue: The Auditorium, Bryan Cave Leighton Paisner, Adelaide House, London Bridge, London EC4R 9HA This conference will see a diverse range of panellists from industry, private practice, economists and regulators, discuss the key competition issues affecting the financial services sector in 2019, including: Topic I - Antitrust enforcement against individuals Topic II - Retail markets - vulnerability and switching…

Competition Law

ITF Meeting: Renewing the Relationship between Treaties and Customary International Law

Time: 18.00-19.30 (Registration from 17.30) Event followed by a drinks reception Venue: Withers LLP, 20 Old Bailey, London EC4M 7AN    View the photographs of the event Listen to the audio recording  Podcast: Renewing the Relationship between Treaties and Customary International Law    BIICL Investment Treaty Forum in cooperation with Withers is organising a seminar on the relationship between treaties and custom in international investment law. This event will bring together…

Investment and Trade

Blog: Access to Legal Remedies for Victims of Corporate Human Rights Abuses in Third Countries

Ensuring effective access to legal remedies for victims of corporate human rights abuses in third countries is a key part of both the State's duty to protect human rights and the business responsibility to respect human rights, as recognised under the UN Guiding Principles on Business and Human Rights.A recent study by Axel Marx, Claire Bright and Jan Wouters was conducted for the European Parliament on "Access to legal remedies for victims of corporate human rights abuses". The study mapped…

Business and Human Rights

Maritime Disputes and Disputed Seabed Resources in the African Continent

   This chapter provides an overview of some of the most significant maritime boundary disputes in Africa, both past and ongoing, and the interplay between these disputes and the exploration and exploitation of seabed resources. It discusses how the exploration and exploitation of disputed seabed resources have fueled maritime disputes and how African States have attempted to resolve their differences. Particular focus is paid to cases where the disputing parties were able to…

Law of the Sea

Resolving the Brexit impasse UK in a Changing Europe and Bingham Centre for the Rule of Law report

There are disputes over territory in almost every region of the world, sometimes leading to escalations and violence between States and threatening international peace and security. International law requires States to refrain from the threat or use of force and to attempt to settle their disputes by peaceful means in such a manner that international peace, security and justice are not endangered. In June 2018 the British Institute of International and Comparative Law (BIICL) has completed…

Brexit

ITF Meeting: Annulment in International Investment Law

Time: 18.00-20.30 (Registration from 17.30) Event followed by a drinks reception Venue: Baker Botts LLP, 41 Lothbury, London EC4M 7AN    View the photographs from the event Listen to the audio recording Audio Recording 020619:Annulment in International Investment Law BIICL Investment Treaty Forum in cooperation with Baker Botts is organising a seminar on the law governing the annulment of arbitral awards in international investment law. This event will bring together leading…

Arbitration+1

International-level dispute resolution for mass claims / human rights claims

Time: 16.30-19.15 (Registration from 16.00) Event followed by a drinks reception Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP The event is a panel discussion on international-level dispute resolution for mass claims / human rights claims. The event was prompted by the publication of Prof Maya Steinitz's book, The Case for an International Court of Civil Justice, which is about the resolution of transnational mass tort claims. …

International Litigation

The Framework of Judicial Cooperation after Brexit - Civil and Commercial Matters

This research topic relates to post Brexit perspectives of judicial cooperation in a wider Europe. It assesses the legislative gap following the UK's exit from civil justice cooperation and potential ways to fill it in order to ensure an efficient cross-border enforcement of judgments. This includes a discussion of the Lugano and 2005 Hague Convention regimes as well as the new Hague Judgments Convention which has now been adopted. Share LinksProject - Tags

International Litigation

The Framework of Judicial Cooperation after Brexit Civil and Commercial Matters

The Framework of Judicial Cooperation after Brexit Civil and Commercial Matters Publication - Download PDF Share Links Publication - Tags

International Litigation

PLF Meeting: Is the Product Liability Directive Fit for Purpose: the Challenges of New Technology

Time: 17:15-19:30 (Registration from 16:45) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP This event will bring together domestic & international speakers to consider the challenges posed by new technology to the PLD. This was a central issue in the European Commission's recent Fifth Report on the Directive, as raised by the preceding public consultation which illustrated that there were concerns about whether the Directive…

Comparative Law+1

Blog: Civil society and corporate lawyers should work together on human rights due diligence

Current trends suggest the law could drive corporate action on human rights In the current legal framework, direct corporate legal obligations for human rights are rare. As a result, claimants and their legal representatives have found creative ways to bring human rights claims through other avenues such as tort, consumer claims and statutory provisions. However, we are seeing some examples of corporate legal obligations for human rights developing, centred around the standard of human rights…

Business and Human Rights

The UNGPs and Legal Accountability in Corporate Groups

Time: 14.00-16.00 (Registration from 13.30) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP In the fourth roundtable of our UN Guiding Principles on Business and Human Rights (UNGPs) in Legal Practice Roundtable series, we will explore various developments around corporate group liability for human rights impacts. We will consider attribution through the "identification" versus enterprise or "corporate culture" methods, how…

Business and Human Rights

Under Fire: Cultural Heritage and Armed Groups

Time: 17.30-19.00 (Registration from 17.00) Event followed by a drinks reception Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP THIS EVENT IS NOW FULLY BOOKED Cultural heritage is often at risk of damage or destruction in situations of armed conflicts. Certain armed groups have sometimes intentionally destroyed cultural monuments, as an attempt to erase diversity or remove the links communities have with their past. In addition…

Cultural Heritage

Reimagining the Law

Reimagining the Law Reimagining the Law: Video Presentations As we start a New Year with the vaccine being rolled out and the world, hopefully, starting to re-open, we thought it would be a good time to revisit ideas from Reimagining the Law and hear from some of the contributors in more detail about how their ideas might be put into practise. You might recall that early in 2020, academics, former judges, practitioners and commentators were invited to come up with ways in which…

Reimagining the Law

Rome II at 10: Looking back and ahead

Time: 16.30-19.15 (Registration from 16.00) Event followed by a drinks reception Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP It's time to celebrate 10 years since Rome II came into force. Its application over the last 10 years has given rise to numerous interesting legal and practical issues as the Courts have started to grapple with applying a novel legal regime. Specialist practitioners and academics from the UK and Europe…

International Litigation

Seven Brexit endgame scenarios – a guide to the parliamentary process of withdrawal from the European Union

Seven Brexit endgame scenarios - a guide to the parliamentary process of withdrawal from the European Union Project Report This report is a guide to seven of the different possible parliamentary scenarios that might occur between now and exit day. This report explains how each of these scenarios could play out, and highlights the problems each faces. These hurdles come both from within the UK and from the rules created by the EU. This report explains how procedure will affect the politics,…

Brexit

The Path of Investor-State Disputes: From Compensation Commissions to Arbitral Institutions

The Path of Investor-State Disputes: From Compensation Commissions to Arbitral Institutions ICSID Review - Foreign Investment Law Journal, Volume 33, Issue 3, pp. 743-765 (2018) Publication - Download PDF Share Links Publication - Tags

Arbitration+1

European Commission study on due diligence in supply chains

This study for the European Commission focuses on due diligence requirements to identify, prevent, mitigate and account for abuses of human rights, including the rights of the child and fundamental freedoms, serious bodily injury or health risks, environmental damage, including with respect to climate. The study was conducted by the British Institute of International and Comparative Law (lead), Civic Consulting and LSE Consulting. Through desk research, country analyses, interviews…

Business and Human Rights

Offshore Methane Hydrates in Japan: Prospects, Challenges and the Law

   On 19 March 2013, Japan became the first-ever country to announce successful continuous-flow production of methane gas from a solid methane hydrate layer located under the seabed in ultra-deep waters, establishing the technical feasibility of this novel natural resource and of its novel extraction technology. Methane hydrates are a unique natural resource that could provide both a tremendous amount of natural gas and fresh water. For example, one cubic meter of hydrate produces…

Climate Change

BIICL acts as the UK Hub of the European Law Institute

ELI UK Hub BIICL acts as the UK Hub of the European Law Institute. The UK Hub will be officially launched in autumn 2020. It aims at encouraging UK based ELI Members to participate in various ELI projects and to organise events in cooperation with the European Law Institute. The European Law Institute Founded in June 2011 as an entirely independent organisation, the European Law Institute (ELI) aims to improve the quality of European law, understood in the broadest sense. It seeks to…

Centre for Comparative Law+1

F.A. Mann (1907-1991) and his Contribution to English, German, European, and International Law

BIICL cooperates with the Humboldt University Berlin in a project on the renown lawyer Frederick Alexander ("Francis") Mann (1907-1991).  The project will use the extensive corpus of his documents, bequeathed to the Humboldt University, to explore how Mann influenced the development of English, German, European, and international law right up to the present day. Mann counts as one of the most significant jurists of the 20th century. A deeper engagement with the life and work of this…

Centre for Comparative Law

Justice for Micro, Small and Medium sized Enterprises

This project is led by Prof Petra Butler, Victoria University of Wellington in cooperation with various institutions, including BIICL (Prof Eva Lein). Recent research indicates that the current default system of international dispute resolution, by litigation in national courts, is not satisfactory for Micro, Small and Medium sized Enterprises ("MSMEs"). MSMEs generally respond to this dissatisfaction with either artificially restrict their cross-border trade or expose themselves to unacceptable…

Centre for Comparative Law+1

Reconciling Europe with its Citizens through Democracy and the Rule of Law (RECONNECT)

BIICL is one of 18 partner organisations participating in a Horizon 2020 EU-funded project, 'Reconciling Europe with its Citizens through Democracy and the Rule of Law' (RECONNECT). This four-year multidisciplinary project focuses on strengthening the EU's legitimacy throughout Europe and seeks to assist the EU in becoming more attuned to the expectations of its citizens. BIICL has a multifaceted role in RECONNECT. Along with the University of Leuven, we are co-leading the Communication,…

European Law

The EU and the Proliferation of Integration Principles under the Lisbon Treaty, Routledge, 2019.

Animal Welfare by Julinda Beqiraj  in The EU and the Proliferation of Integration Principles under the Lisbon Treaty, Routledge, 2019. Edited by Francesca Ippolito, Maria Eugenia Bartoloni and Massimo Condinanzi  Publication - Download PDF Share Links Publication - Tags

European Law

Blog: Governments can help make business more diligent on human rights

In the last few months, a host of new initiatives and regulations have been announced around mandatory transparency and mandatory due diligence for companies On 29 November 2018, the Australian Parliament approved the Modern Slavery Act, which will require companies headquartered or with operations in Australia to submit a 'Modern Slavery Statement'. By virtue of the AUD$100 million threshold, the Australian Act will apply to fewer companies than the UK Modern Slavery Act, but it imposes…

Business and Human Rights

A talk with officials who helped write and negotiate the proposed new EU regulation on FDI

Time: 14.00-15.30 CET (Registration from 13.30) Venue: Fipra International, Rue de la Loi 227, 1040 Brussels The Competition Law Forum (CLF) launches the first of its Rapid Response seminars in Brussels with experts from the European Commission and Parliament, who worked on the trilogue that hammered out a pan-European framework for screening foreign direct investments into the EU. The final language of the Regulation establishing the EU screening framework, which now needs to be formally…

Competition Law

Brexit, Rights and Devolution

Time: 10:00-16:00 (Registration open from 09:30) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP Click here to read a report of the event, compiled by Dr Tobias Lock (Edinburgh University) and Bingham Centre research assistant Ellis Paterson. Click here to read a report of the event, compiled by Dr Tobias Lock (Edinburgh University) and Bingham Centre research assistant Ellis Paterson. This one-day conference follows three…

Brexit

Trade (Law) in an Age of Trump and Brexit

Time: 17:30-19:00 (Registration from 17:00) Event followed by a drinks reception Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP This event will analyse the implications of Brexit and the Trump Administration on international trade law. Building on speakers' expertise, the panel will examine questions such as the future UK trade relationship with the EU and third states, the US-China 'trade wars' and the practical implications…

Brexit+1

Implementing Brexit - A Rule of Law Perspective

Time: 12:00 - 14:00 CET Venue: European Parliament, Rue Wiertz, Room 5B001 Brussels, Belgium To mark human rights week, we will be holding an event to discuss EU citizens in the UK, data privacy and the protection of personal data and dispute resolution after Brexit from the perspective of the Rule of Law. Our panellists will be discussing the Rule of Law implications of the proposed Withdrawal Agreement. A light lunch will be served. Co-hosted by: Molly Scott Cato MEP Alyn Smith MEP Catherine…

Brexit

The Forgotten Conflict: Seeking Accountability in Yemen

Time: 17:30-19:00 (Registration from 17:00) Event followed by a drinks reception Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP      The intervention by Kristin Hausler at UNOG in September 2018 on the destruction of cultural heritage in Yemen can be accessed here.    This event will address the alleged violations and abuses of international humanitarian law and international human rights law perpetrated…

Cultural Heritage

ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them

ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them This paper summarises key practical concerns of some members of the Investment Treaty Forum related to ICSID arbitration, as well as a wider community of experts, how the ICSID reform proposals address these concerns and makes suggestions for further improvement. The paper looks at key concerns of ICSID arbitration users such as timely appointment of arbitrators and challenges to it, over-committed arbitrators…

Arbitration+1

GCM Commentary: Objective 9: Strengthen the transnational response to smuggling of migrants

Migrant smuggling is defined in the Smuggling Protocol (art.3) as: "The procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident".IntroductionObjective 9 of the UN Global Compact for Migration addresses the issue of migrant smuggling. The new objective highlights some important issues, including the need to differentiate between trafficking…

Migration

Investment Promotion and Protection in the Canada-UK Trade Relationship

A new investment agreement between Canada and the UK constitutes a crucial opportunity to include innovative provisions from recent international agreements and to explore new possibilities to construct a more legitimate regime. In order to support evidence-based decision-making in the negotiation of such an agreement, a comprehensive review of the range of opportunities must be provided. What are the provisions that can be included in an investment agreement between the two states to…

Arbitration+1

Administrative Reform of the Competition and Markets Authority following Brexit

Administrative Reform of the Competition and Markets Authority following BrexitIntroductionAmong the multi-dimensional changes Brexit will trigger, an administrative reform is inevitable. The scope of timing of this reform, justifies the prediction that the changes to the largest branch of the UK government will be wide-ranging and fast-paced. Despite that, the debate on administrative challenges in the UK post-Brexit has been largely neglected. Although the Department for Business, Energy…

Competition Law

ICSID-SIA-BIICL Conference on Proposed Revision of ICSID Rules

Time: 09:15-16:05 (Registration from 08:45) Venue: One Birdcage Walk, Westminster, London, SW1H 9JJ On 13 November 2018, the International Centre for Settlement of Investment Disputes (ICSID), the School of International Arbitration (SIA) of Queen Mary University of London (QMUL) and the British Institute of International and Comparative Law (BIICL) are organising a full-day conference to discuss the proposed revision of ICSID Arbitration Rules. The conference will gather in London representatives…

Investment and Trade

Media Professionals and International Humanitarian Law

In November 2018 the British Red Cross launched the field guide and handbook Media Professionals and Armed Conflict: Protection and Responsibilities Under International Humanitarian Law (IHL) these publications will provide information to members of the media about their legal position under International Humanitarian Law (IHL). The handbook and field guide were the result of a project begun in September 2012, by BIICL and commissioned by the British Red Cross, undertaking research into…

Human Rights and IHL

Blog: ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them

ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them Blog featured in the Kluwer Arbitration Blog Read the blog  

Arbitration+1

Media Professionals and Armed Conflict Handbook and Field Guide

In November 2018 the British Red Cross launched the field guide and handbook Media Professionals and Armed Conflict: Protection and Responsibilities Under International Humanitarian Law (IHL)  These publications provide information to members of the media about their legal position under International Humanitarian Law (IHL). The handbook and field guide were the result of a project begun in September 2012, by BIICL and commissioned by the British Red Cross, undertaking research into…

Human Rights and IHL

Legitimate Expectations in International Investment Law

Time: 17:30-19:00 (Registration from 17:00) Venue: International Energy Charter, Boulevard de la Woluwe B-1200 Brussels, Belgium     Listen to the audio recording   Legitimate Expectations in International Investment Law - podcastOn 8 November 2018, the BIICL Investment Treaty Forum and the Energy Charter Secretariat, are hosting a roundtable in Brussels, to discuss the application of the legitimate expectations concept in international investment law. The rapid proliferation…

Investment and Trade

Maritime Search and Rescue: Responsibilities and Implications for Private Vessels

The British Institute of International and Comparative Law has just launched a new project looking at the responsibilities of and implications for private vessels of maritime search and rescue of migrants and refugees. The project is led by Dr Jean-Pierre Gauci and funded by the Mirpuri Foundation.  Recent years have seen growing numbers of migrants, and would-be asylum seekers, embarking on perilous sea crossings to flee violence, conflict or persecution. Private vessels and NGO…

Migration

Thirty First ITF Public Conference: Human Rights in International Investment Law

Time: 09:00-17:00 (Registration from 08:30) Venue: The British Academy, 10-11 Carlton House Terrace, London SW1Y 5AH As international investment tribunals increasingly confront non-investment obligations, academics and practitioners in the field of international investment law find it challenging to understand the legal and ethical responsibilities of foreign investments in the area of human rights. Investment tribunals typically do not include experts on international human rights law. Moreover,…

Investment and Trade

Culture under fire: armed non-state actors and cultural heritage in wartime

Culture under fire: armed non-state actors and cultural heritage in wartime This report presents the findings of a pioneering, twoyear study conducted by Geneva Call on cultural heritage and armed non-State actors (ANSAs). It represents the most comprehensive research available on this topic to date. The report centres around three case studies—Iraq, Mali and Syria—and is based on information obtained through desk and field research, as well as interviews with leading specialized…

Cultural Heritage+1

The Rule of Law Implications of the Withdrawal Agreement, the European Union (Withdrawal Agreement) Bill

As the UK stands poised to leave the European Union at the end of March 2019, this meeting has been convened to assist parliamentarians in grappling with the large number of complex political and constitutional questions that must be navigated in order to ensure that Brexit is compatible with principles of the Rule of Law. The meeting will focus on the impact of the Brexit Agreements on citizens' rights, the role of the courts and Parliament, common rulebooks and Northern Ireland. The expert…

European Law

UK Government Digital Competition Expert Panel Public responses to call for evidence from individuals

UK Government Digital Competition Expert Panel - Public responses to call for evidence from individuals Dr Liza Lovdahl Gormsen responding to the following questions 1. What are the emerging benefits and harms from digital markets such as social media, e-commerce, search, and online advertising tending towards only one or a small number of big firms? 2. What are the emerging benefits and harms of the same small number of digital firms becoming present across a broad range of digital markets?…

Competition Law

Report Launch Event: 'The Use of Force in Relation to Sovereignty Disputes over Land Territory'

Time: 18.00 - 20.00 (Registration from 17.30) Event followed by a reception Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP Keynote Speaker: Sir Michael Wood Sir Michael is a member of the International Law Commission of the United Nations and is a senior fellow of the Lauterpacht Centre for International Law, University of Cambridge. This event formally launched the report 'The Use of Force in Relation to Sovereignty Disputes…

Law of the Sea

The Withdrawal Agreement and the Political Declaration: A Preliminary Rule of Law Analysis

This report identifies a number of Rule of Law issues that can inform the scrutiny of the Withdrawal Agreement, the Political Declaration on the Future Relationship and the EU (Withdrawal Agreement) Bill in Parliament. The Rule of Law, a central principle of the UK's uncodified constitution, provides a set of minimum standards that can inform both the process and substance of Brexit. The final six months before exit day are unlikely to provide ideal conditions for effective parliamentary…

Brexit

A "failure to prevent" adverse human rights impacts mechanism project

In March 2017, the UK Joint Committee on Human Rights released a report on business and human rights in which it proposed the introduction of a "failure to prevent" mechanism for corporate human rights abuses.  BIICL, with support from international law firms Hogan Lovells  and Quinn Emanuel, conducted a study into the feasibility and options of such a "failure to prevent" mechanism. The study explored what such a mechanism could look like, whether it would be criminal…

Business and Human Rights

The Brexit endgame: a guide to the parliamentary process of withdrawal from the European Union

The Brexit endgame: a guide to the parliamentary process of withdrawal from the European Union Project Report In this exhaustive report, Matt Bevington, Jack Simson Caird and Alan Wager have gone to great lengths to meticulously examine the nooks and crannies of parliamentary procedure to give an insight into how this process might work. Leaving to one side the vicissitudes of party politics, which, frankly, merit a report in their own right, they lay bare the complexities of the parliamentary…

Brexit

Partnerships for Practice: Making the Global Compact on Migration Work

Time: 11:00-17:00 (Registration open from 10:30) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP Read the Workshop Report In September 2018, the United Nations General Assembly is expected to adopt the Global Compact for Safe, Orderly and Regular Migration (GCM). That step will finish a process that started in September 2016 with the New York Declaration, which committed to protecting 'the safety, dignity and human rights…

Migration

Blog: Bribery, Corruption, and Fraud in Investor-State Disputes

Blog: Bribery, Corruption, and Fraud in Investor-State Disputes: How Should Tribunals Approach Economic Crimes? Blog featured in the Kluwer Arbitration Blog Read More 

Arbitration+1

Podcast: Cultural Heritage post-Brexit

Podcast: Cultural Heritage post-Brexit  Podcast: Cultural Heritage post-Brexit

Brexit+1

Podcast: Brexit and Environmental Law

Podcast: Brexit and Environmental Law  Podcast: Brexit and Environmental Law

Brexit+2

Podcast: The Sanctions and Anti-Money Laundering Act 2018

Podcast: The Sanctions and Anti-Money Laundering Act 2018  By Maya Lester QC, Brick Court Chambers Podcast: The Sanctions and Anti-Money Laundering Act 2018

Brexit

The Human Rights of Smuggled Migrants and Trafficked Persons

The Human Rights of Smuggled Migrants and Trafficked Persons in the UN Global Compacts on Migrants and Refugees On 19 September 2016, the UNGA adopted the New York Declaration for Refugees and Migrants through which States committed to developing two compacts: one on refugees and one on safe, orderly and regular migration. The Zero Drafts of the compacts were published on 31 January 2018 and 5 February 2018, respectively. The move towards the discussion and adoption of the global…

Migration

Stumbling Towards the UK’s New Administrative Settlement: A Study of Competition Law Enforcement After Brexit

Stumbling Towards the UK's New Administrative Settlement: A Study of Competition Law Enforcement After Brexit While there has been much talk of the role of parliaments and courts in the Brexit process, far less—indeed very little—has been said about the challenges facing the largest part of the UK government: the administrative branch. Whatever results from the UK's negotiations with the EU, Brexit will likely necessitate wide-ranging and fast-paced administrative reform in the UK.…

Competition Law

Economic Crimes in International Investment Law

Economic Crimes in International Investment Law The protection of foreign investment by treaties often clashes with the State's sovereign right to investigate economic crimes committed by investors. This article examines the different approaches taken by tribunals to questions concerning admissibility and jurisdiction, applicable law, the standard of review, the burden and standard of proof and deference to actions taken by domestic courts and regulators related to economic crimes. It…

Arbitration+1

57th Leiden-London Meeting: Agencies, Accountability and Association: Legal issues of agencies in the EU legal order and in relations with neighbouring States

Venue: Europa Institute, University of Leiden, Netherlands Time: Full day conference The Europa Instituut of the University of Leiden and the British Institute of International and Comparative Law annually organise a conference to discuss current developments in European Union Law. This year will be the fifty-seventh Leiden-London Meeting; it will take place in Leiden on Saturday 30th June 2018. In the EU system of governance, administrative powers are increasingly granted to bodies other…

European Law

Brexit and the Irish Border: What are the Rule of Law Implications?

Time: 18:00-19:30 (Registration 17:30) Followed by a drinks reception Venue: Bindmans LLP, 236 Grays Inn Rd, London WC1X 8HB The UK-EU agreement of December 2017 saw an undertaking that both parties would avoid a "hard border" in Ireland following Brexit. To achieve this in the event of the UK leaving the customs union and the single market, UK Government papers have explored the use of modern technology as an alternative to traditional border posts with passport checks and goods inspection.…

Brexit

Blog: Legal Pathways to Protection

In this week's first blog post, one of us noted that migration as such is not a crisis, nor is the arrival of people in the EU. The language of crisis is political and helps, firstly, to sustain the narrative that the majority of migrants come to Europe (which is far from true). Secondly, it helps to justify a complex set of migration management practices aimed at preventing people from reaching and entering the EU. In distinction, we argue that the problem is not that people move in search…

Migration

Doors open for First Hearing of International Chamber at Paris Court of Appeal

Doors open for First Hearing of International Chamber at Paris Court of Appeal Written by Duncan Fairgrieve (BIICL;Université de Paris Dauphine) and Solenn Le Tutour (avocat, Barreau de Paris) Read More 

Comparative Law

The Use of Force in relation to Sovereignty Disputes over Land Territory

There are disputes over territory in almost every region of the world, sometimes leading to escalations and violence between States and threatening international peace and security. International law requires States to refrain from the threat or use of force and to attempt to settle their disputes by peaceful means in such a manner that international peace, security and justice are not endangered. In June 2018 the British Institute of International and Comparative Law (BIICL) completed…

Law of the Sea

The Use of Force in relation to Sovereignty Disputes over Land Territory

    This project report provides a comprehensive analysis of the rules regulating the threat or use of force between States in international law and examines how these rules operate specifically in the context of territorial disputes. The report analyses a wide range of territorial disputes to clarify the legal obligations binding upon States involved in such disputes and the consequences flowing from a breach of these obligations. Publication - Download PDF Share…

Law of the Sea

The Use of Force in relation to Sovereignty Disputes over Land Territory

There are disputes over territory in almost every region of the world, sometimes leading to escalations and violence between States and threatening international peace and security. International law requires States to refrain from the threat or use of force and to attempt to settle their disputes by peaceful means in such a manner that international peace, security and justice are not endangered. In June 2018 the British Institute of International and Comparative Law (BIICL) has completed…

Law of the Sea

Collective Redress in the EU, Central & South East Europe

Time: 17:30-19:00 (Registration open from 17:00) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP This seminar takes the recent developments at an EU level in respect of Collective Redress mechanisms as the context for examining the development of mechanisms for resolving mass disputes in the regions of Central Europe and South East Europe. Leading speakers will discuss whether existing collective redress procedures provide…

Collective Redress+1

When national law conflicts with international human rights standards

The first research supported by the Bingham Centre's Business Network examines how companies can adhere to international human rights standards, as described in the UN Guiding Principles on Business and Human Rights, when faced with contradictory domestic laws or practices. The research brought together the international legal framework, existing guidance for specific issues or sectors, and practical examples for businesses. The research methodology included semi-structured conversations…

Business and Human Rights

Cultural Heritage and the Security Council: Why Resolution 2347 matters

Blog: Cultural Heritage and the Security Council: Why Resolution 2347 matters    This piece considers how the UN Security Council gradually established cultural heritage protection as a key element in the maintenance of international peace and security, including through its combat against terrorism financing. Considering the wider context of escalated attacks against cultural heritage in armed conflict, it analyses Resolution 2347 in parallel with other key documents adopted…

Cultural Heritage+1

The Use of Force in Relation to Sovereignty Disputes over Land Territory

Time: 09:30-18.00 (Registration from 09:00) Venue: Goodenough House, Mecklenburgh Square, London WC1N 2AB NOW FULLY BOOKED This event will analyse and discuss the legal obligations of States in regard to disputed land territories, be it continental or island. The event will offer four panels featuring international law experts and members of BIICL's largescale research project on Territorial Disputes In particular, the event will examine the most important primary rules regulating the threat…

Law of the Sea

Islands, Sovereignty and the Right to Return

Islands, Sovereignty and the Right to Return: An Analysis of the Chagos Islands ICJ Advisory Opinion RequestDid the UK act illegally in splitting off the Chagos Islands from Mauritius prior to its independence in 1968? On 22 June 2017 Mauritius successfully petitioned the UN to ask the International Court of Justice to consider this question, against the UK's wishes, but the outcome is rather uncertain. This contribution explains why. Read More

Law of the Sea

Cultural Heritage, Cultural Rights and the European Union

Time: 09:10-14:00 (Registration from 08:45am) Venue: Instutite of Law Studies of the Polish Academy of Sciences, Staszic Palace, 72 Nowy Świat, Warsaw On 13 March 2018, the Research Team of the project HEURIGHT - The Right to Cultural Heritage - Its Protection and Enforcement through Cooperation in the European Union is organizing an international seminar, entitled "Cultural Heritage, Cultural Rights and the European Union". The core aim of this event is to present the research findings of…

Cultural Heritage

Complexity's Embrace The International Law Implications of Brexit

Complexity's Embrace                                                                                      The International Law Implications of Brexit Edited by Oonagh E. Fitzgerald and Eva Lein In Complexity's Embrace, international law practitioners and academics from…

Brexit+1

Legal Pathways to Protection

Between October 2017 and March 2018, BIICL Associate Senior Research Fellow Dr Jean-Pierre Gauci, in collaboration with King's College London colleagues Dr Leonie Ansems de Vries and Dr Henry Redwood implemented a research initiative on Legal Pathways to Protection. The initiative included an expert workshop at King's College London on 27 October 2017. and the development of a Policy brief entitled: Legal Pathways to Protection: Towards the Provision of Safe, Legal and Accessible Routes…

Migration

The EU (Withdrawal) Bill, A Rule of Law Analysis of Clauses 1 - 6

This Report sets out the Bingham Centre's Rule of Law analysis of clauses 1 to 6 of the EU (Withdrawal) Bill, to inform the House of Lords Committee Stage consideration of those clauses. The Bill's purpose is to protect the Rule of Law as the UK withdraws from the EU. It repeals the European Communities Act ("ECA"), the legal basis for EU law having effect and supremacy in UK law, with effect from the date of the UK's exit. However, it aims to ensure legal continuity, certainty and stability…

Brexit

Submission to Brexit: competition and State aid

Brexit: competition and State aid A review by the UK government published February 2018 and incuding a submission by BIICL  Publication - Download PDF Share Links Publication - Tags

Brexit+1

FAQ: Brexit and Environmental Law

FAQ: Brexit and Environmental Law Publication - Download PDF Share Links Publication - Tags

Brexit+1

Brexit and Environmental Law:The Rocky Road Ahead

Brexit and Environmental Law:The Rocky Road Ahead Publication - Download PDF Share Links Publication - Tags

Climate Change

Making sense of managing human rights issues in supply chains

After a successful research project with Norton Rose Fulbright in 2016, entitled 'Exploring Human Rights Due Diligence', BIICL and Norton Rose Fulbright undertook a follow-up project in 2017/18, which analysed managing human rights issues in supply chains. As part of this project, BIICL and Norton Rose Fulbright co-hosted a session at the 2017 Annual UN Forum on Business and Human Rights in Geneva, with support from Hogan Lovells and Foley Hoag. The session focused on "Human rights remedies…

Business and Human Rights

Remedies for Damage Caused by Vaccines: A Comparative Study of Four European Legal Systems

Remedies for Damage Caused by Vaccines: A Comparative Study of Four European Legal Systems By Leonora Rajneri , Jean-Sébastien Borghetti , Duncan Fairgrieve , Peter Rott , European Review of Private Law , 2018 Issue 1, pp. 57-95 Abstract: The most important public health consideration of vaccination. This study explores the approach to vaccine damage cases in four different European countries (France, Germany, Italy and the UK), examining the variety of different mechanisms for providing…

Comparative Law

Brexit, Brexatom, the Environment and Future International Relations

Brexit, Brexatom, the Environment and Future International Relations Publication - Download PDF Share Links Publication - Tags

Climate Change

Brexit and International Environmental Law

There are disputes over territory in almost every region of the world, sometimes leading to escalations and violence between States and threatening international peace and security. International law requires States to refrain from the threat or use of force and to attempt to settle their disputes by peaceful means in such a manner that international peace, security and justice are not endangered. In June 2018 the British Institute of International and Comparative Law (BIICL) has completed…

Climate Change

Protecting and Preserving the Marine Environment in Disputed Areas

Protecting and Preserving the Marine Environment in Disputed Areas: Seismic Noise and Provisional Measures of Protection This paper is the first to address the environmental legal issues that could arise from the conduct of unilateral seismic operations in disputed maritime areas. And that should be surprising: such operations are ongoing in many places across the globe as states seek to enhance their domestic natural resource potentials and as they seek to establish their sovereign control…

Law of the Sea

BIICL and PRI: Human Rights in Private Equity Investment

BIICL and PRI Workshop on Human Rights in Private Equity: Information and Summary It is increasingly expected that human rights due diligence (HRDD) is undertaken by businesses, as per the UN Guiding Principles on Business and Human Rights (UNGPs), OECD Guidelines for multinational enterprises, emerging laws such as the UK Modern Slavery Act and the French duty of vigilance law, and other proposed legislative reforms. According to the UNGPs, all business enterprises regardless of sector…

Business and Human Rights

State responsibility for unilateral hydrocarbon activities in disputed maritime areas:

State responsibility for unilateral hydrocarbon activities in disputed maritime areas: The case of Ghana and Côte d'Ivoire and its implicationsThis post comments on the issue of the international responsibility of Ghana for its hydrocarbon activities in the disputed maritime area. It also deals with the future implications of the SC's ruling for the conduct of hydrocarbon activities in undelimited areas. Read more

Law of the Sea

State responsibility for unilateral hydrocarbon activities in disputed maritime areas..

State responsibility for unilateral hydrocarbon activities in disputed maritime areas: The case of Ghana and Côte d'Ivoire and its implications Publication - Download PDF Share Links Publication - Tags

Law of the Sea

Analysis of Dispute Concerning Delimitation of Maritime Boundaries Ghana and Cote d'Ivoire

Analysis of Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean Read More: Part I

Law of the Sea

Blog: Arbitration in the CIS Region: from Soviet Roots to Modern Arbitration Laws

Arbitration in the CIS Region: from Soviet Roots to Modern Arbitration Laws Blog featuredin the Kluwer Arbitration Blog Read the blog 

Arbitration+1

Study on Collective Redress for the European Commission

BIICL conducted a study for the European Commission, in a research consortium with Civic Consulting and Risk & Policy Analysts (RPA), and supported by the Office for Economic Policy and Regional Development (EPRD). The more than 1000 pages study analyses the state of collective redress in the EU in context of the implementation of the Commission Recommendation (2013/396/EU) on common principles for injunctive and compensatory collective redress mechanisms in the Member States. The…

Centre for Comparative Law+1

Calming the Waters in the West African Region: Ghana and Côte D'Ivoire

Calming the Waters in the West African Region: The Case of Ghana and Côte D'Ivoire On 23 September 2017, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) unanimously fixed the course of the maritime boundary between Ghana and Côte d'Ivoire and, thus, ended a longstanding dispute between the two West African neighbours. In addition to maritime delimitation, the legal reasoning and conclusions drawn in the judgment - especially in view of the Special Chamber's…

Law of the Sea

It Takes Four to Tango: Quadrilateral Boundary Negotiations in the NE Atlantic

It Takes Four to Tango: Quadrilateral Boundary Negotiations in the North-East Atlantic This contribution examines the current state of play in the boundary negotiations between the UK, Ireland, Denmark and Iceland in the North-East Atlantic. It reviews the recent British, Irish and Danish submissions to the Commission on the Limits of the Continental Shelf and finds that while these submissions have been instrumental in clarifying the legal and scientific basis of the parties' perception…

Law of the Sea

The Common Fisheries Policy Post-Brexit

Time: Peter Oliver, Monckton Chambers and Visiting Professor at the Université Libre de Bruxelles Dr Jill Wakefield, University of Warwick This event offers the equivalent of 2 CPD hours. Individual - £40 Non-members: Student - £25 eventsregistration@biicl.org Carmel Brown Cancellation by you No charge events

Brexit

Briefing Note on the Discount Rate applying to Quantum in Personal Injury Cases

Briefing Note on the Discount Rate applying to Quantum in Personal Injury Cases : Comparative Perspectives This briefing note examines the discount rate applying to quantum in personal injury claims from a comparative law perspective focusing on Australia, Canada, France, Germany, Hong Kong, Ireland, Spain and South Africa. These jurisdictions represent common and civil law jurisdictions, a diverse geographical spread as well as a range of approaches and rates. The research highlights…

Comparative Law

Law and Practice of International Arbitration in the CIS Region

Law and Practice of International Arbitration in the CIS Region Edited by Kaj Hober & Yarik Kryvoi Law and Practice of International Arbitration in the CIS Region offers the first comprehensive overview of commercial arbitration in the Commonwealth of Independent States (CIS) region. After the collapse of the Soviet Union over a dozen new states emerged with their individual systems of international commercial arbitration. Today, the former Soviet republics such as Russia, Ukraine,…

Arbitration+1

International Criminal Justice Achievements And Challenges, In Syria And Beyond

Event Report On 17 July, the Foreign and Commonwealth Office and the British Institute for International and Comparative Law, in association with Temple Garden Chambers and Debevoise & Plimpton LLP, held a conference on the occasion of the 15th anniversary of the International Criminal Court on thetheme of 'International Criminal Justice - Achievements and Challenges, in Syria and Beyond'. This one day event gathered a large audience of private practitioners, senior government legal…

Courts and Tribunals

Options to refine the UK competition regime

A response to the Department for Business, Energy, Innovation & Industrial Strategy's consultation on 'Options to refine the UK competition regime, 7 July 2017 Publication - Download PDF Share Links Publication - Tags

Competition Law

Blog: Back to Old Tricks? Italian Responsibility for Returning People to Libya

On 10/11 May 2017 various news outlets reported a maritime operation by the Libyan authorities, in coordination with the Italian Search and Rescue Authority, in which 500 individuals were intercepted in international waters and returned to Libya. This operation amounted to refoulment in breach of customary international law and several treaties (including the Geneva Refugee Convention and the European Convention on Human Rights), and an internationally wrongful act is one for which Italy…

Migration

BIICL and PRI: Human Rights in Private Equity Investment

It is increasingly expected that human rights due diligence (HRDD) is undertaken by businesses, as per the UN Guiding Principles on Business and Human Rights (UNGPs), OECD Guidelines for multinational enterprises, emerging laws such as the UK Modern Slavery Act and the French duty of vigilance law, and other proposed legislative reforms. According to the UNGPs, all business enterprises regardless of sector have a responsibility to respect human rights, and to carry out necessary HRDD.…

Business and Human Rights

Brexit, China and Other New Challenges to International Trade Law

Time: Venue: Panels: Panel 1: UK-EU Trade Relationship after Brexit Panel 3: From Multilateralism to Bilateralism? New Trends in International Trade Treaty Making Confirmed Speakers: Sir Frank Berman KCMG QC, Essex Court Chambers Prof Ming Du, University of Surrey Dr Markus Gehring, British Institute of International and Comparative Law Lode van den Hende, Herbert Smith Freehills Prof Sir Francis Jacobs, Kings College London Prof Yarik Kryvoi, British Institute of International and…

Investment and Trade

State Aid and Direct Taxation and the Big Eruption between the US and the EU’

State Aid and Direct Taxation and the Big Eruption Between the U.S. and the EU. Published by Liza Lovdahl Gormsen in The Antitrust Bulletin May 2017  This article critically assesses the division that the recent decisions of the European Commission in the field of State aid have exposed between the EU and the U.S. It examines how the two legal orders address the issue of government subsidies and explores the reasons for their different approach. It argues that State aid law has become…

Competition Law

Legitimate Expectation of Consistent Interpretation of EU State Aid Law

Legitimate Expectation of Consistent Interpretation of EU State Aid Law: Recovery in State Aid Cases Involving Advanced Pricing Agreements on Tax By  Liza Lovdahl Gormsen Clement Mifsud-Bonnici  Journal of European Competition Law and Practice Vol 8(7) 423-436 Publication - Download PDF Share Links Publication - Tags

Competition Law

Continental Shelf Boundaries in the North Sea and the North Atlantic

Continental Shelf Boundaries in the North Sea and the North Atlantic  This contribution provides a composite overview of the continental shelf boundaries in the North Sea and the Atlantic Ocean from a historical perspective, dating back to the early days of the North Sea oil and gas industry, before considering live issues such as those surrounding the remote Atlantic rock of Rockall and the prospective maritime boundary delimitation between the United Kingdom and its regional neighbours…

Law of the Sea

When national law conflicts with international human rights standards

BIICL recently completed a study for the Business Network on addressing conflicts between international human rights standards and national laws. The UN Guiding Principles on Business and Human Rights expect companies to respect international human rights wherever they operate. However, questions often arise as to how businesses should adhere to international human rights standards when faced with contradictory national laws or practices. BIICL's research brings together the international…

Business and Human Rights

Business and Human Rights Due Diligence in Supply Chains

The UN Guiding Principles on Business and Human Rights were unanimously adopted by the UN Human Rights Council in 2011, and require all business enterprises to undertake human rights due diligence. Because of the limited information available about how companies are going about to conduct human rights due diligence BIICL and the global law firm Norton Rose Fulbright are working together to research this important area. Share LinksProject - Tags Human Rights Due…

Business and Human Rights

Directive 2014/60/EU and the Movement of Cultural Objects in the European Union

Directive 2014/60/EU and the Movement of Cultural Objects in the European Union Santander Art and Cultural Law Review 2(2) 2016 , co-edited by F Fiorentini, K Hausler, A Jagielska-Burduk, and A Jakubowski. Publication - Download PDF Share Links Publication - Tags

Cultural Heritage

Exception to the duty to refer in markets of insufficient importance

BIICL Competition law forum submission to the CMA public consultation ' Mergers: Exception to the duty to refer in markets of insufficient importance' February 2017 Publication - Download PDF Share Links Publication - Tags

Competition Law

The Article 50 'Brexit' Appeal: The Rule of Law After Miller

This event is now fully booked. Time: 17:30-19:30 (Registration from 17.00) Venue: Jones Day, 21 Tudor Street, London EC4Y 0DJ The Supreme Court is expected to hand down its decision in the Miller case in January. In deciding what role, if any, Parliament has in triggering Article 50 and the UK's departure from the EU, the Court will deliver one of the most important constitutional law judgments in decades. This rapid response event will provide opportunity to hear leading experts consider…

Brexit

Legal Pathways to Protection

Between October 2017 and March 2018, BIICL Associate Senior Research Fellow Dr Jean-Pierre Gauci, in collaboration with King's College London colleagues Dr Leonie Ansems de Vries and Dr Henry Redwood implemented a research initiative on Legal Pathways to Protection. The initiative included an expert workshop at King's College London on 27 October 2017. and the development of a Policy brief entitled: Legal Pathways to Protection: Towards the Provision of Safe, Legal and Accessible Routes…

Migration

Outside the Debate? The Potential Impact of Brexit for Cultural Heritage in the UK

Outside the Debate? The Potential Impact of Brexit for Cultural Heritage in the UK Article published in Art Antiquity and Law, Volume XXII, Issue 2, July 2017 Publication - Download PDF Share Links Publication - Tags

Cultural Heritage

China’s market economy status’, Italian practice relating to international law,

China's market economy status', Italian practice relating to international law,  in the Italian Yearbook of International Law 2017 Publication - Download PDF Share Links Publication - Tags

European Law

The Migrant Smuggling Protocol and the Need for a Multi-Faceted Approach

The Migrant Smuggling Protocol and the Need for a Multi-faceted Approach: Inter-sectionality and Multi-actor Cooperation Publication - Download PDF Share Links Publication - Tags

Migration

And Then There Were Eleven: Some Context on the Supreme Court Sitting En Banc in the Article 50 Case

And Then There Were Eleven: Some Context on the Supreme Court Sitting En Banc in the Article 50 Case By Joe Tomlinson, Jake Rylatt and Duncan Fairgrieve Read More  

Comparative Law

The "Refugee Crisis": Challenges and Implications for International and EU Law

Time: 17:30-19:30 (followed by a drinks reception) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP This event will examine the legal questions arising from the so-called "refugee crisis", looking at implications for International and European refugee law frameworks, the Schengen aquis and the Dublin system as well as for private vessels engaged in maritime search and rescue. Beyond and through these questions, this seminar…

Migration

Comparative Law in Practice

Comparative Law in Practice, Contract Law in a Mid-Channel Jurisdiction By Duncan Fairgrieve Published by  Bloomsbury Professional This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law Publication - Download PDF Share Links Publication - Tags

Comparative Law

Undelimited Maritime Areas conference report published

Law of the Sea - Obligations of States in respect of Undelimited Maritime Areas BIICL has completed a major research project on the 'Obligations of States in respect of Undelimited Maritime Areas' led by Jill Barrett, Arthur Watts Senior Research Fellow in Public International Law. The research report was discussed at a public conference on 22 July 2016, by members of the research team and other distinguished experts in law of the sea from academia, legal practice and the international judiciary.…

Law of the Sea

Blog: Some Justice for Timbuktu

On 27 September, Ahmad Al Faqi Al Mahdi was sentenced to nine years of imprisonment by Trial Chamber VIII of the International Criminal Court (ICC) for intentionally directing attacks against ten religious and historical monuments located in Timbuktu. The ICC Prosecutor had opened an investigation following the self-referral by Mali of its situation on 13 July 2012, immediately after the attacks took place. A week after an arrest warrant for Mr Al Mahdi had been issued by the Court, he was…

Courts and Tribunals

Blog: A landmark case for the ICC

On 27 September, Trial Chamber VIII of the International Criminal Court (ICC) sentenced Ahmad Al Faqi Al Mahdi to nine years in prison for having intentionally directed attacks against nine mausoleums and a mosque in Timbuktu, most of which were listed as UNESCO World Heritage sites.These attacks, which took place over a period of ten days in late June and early July 2012, had been immediately condemned by the United Nations Security Council in its resolution 2056 of 5 July 2012. A week…

Courts and Tribunals

EU State Aid Law and Transfer Pricing: A Critical Introduction to a New Saga

EU State Aid Law and Transfer Pricing: A Critical Introduction to a New SagaThe Court of Justice of the European Union ('CJEU') has made it clear from the early stages of its jurisprudence that State Aid rules are applicable to taxation measures. Thus, the fiscal nature of a measure does not in itself preclude the Commission's scrutiny under Article 107(1) TFEU et seq. A number of cases have contributed to the development of the concept of fiscal aid, and the Commission has tried to provide…

Competition Law

Trade and Investment post Brexit

THIS EVENT IS NOW FULLY BOOKED Time Venue: Professor David Collins, The City Law School, City University London Sir Daniel Bethlehem KCMG QC, 20 Essex Street Iain Maxwell, Herbert Smith Freehills Thomas Sebastian, Monckton Chambers Chair: Iain Maxwell Jiries Saadeh, Fietta Bernhard Maier, DLA Piper This event has been convened by Dr Eva Lein event flyer CPD hours have been applied for eventsregistration@biicl.org events team Carmel Brown Cancellation by us Cancellation…

Investment and Trade

International Centre for Settlement of Investment Disputes (ICSID)

International Centre for Settlement of Investment Disputes (ICSID) Published by Wolters Kluwer Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Centre for Settlement of Investment Disputes (ICSID) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. Publication…

Arbitration

Law of the Sea - UNCLOS as a Living Treaty

                The United Nations Convention on the Law of the Sea (UNCLOS) now has nearly 170 States parties and is still attracting new ones. Often described as the "Constitution of the Sea", it sets the legal framework for all matters concerning the world's oceans. This book provides original thinking on a broad range of issues relating to maritime delimitation, exploiting the outer continental shelf, emerging international energy issues at…

Law of the Sea

Obligations of States under Articles 74(3) and 83(3) of UNCLOS in respect of Undelimited Maritime Areas

More than half of the world's maritime boundaries are not the subject of a delimitation agreement. Worldwide, many of these boundaries are hotly disputed, leading to tensions and generating uncertainty for States and non-State actors with a stake in maritime resources. The 1982 UN Convention on the Law of the Sea (UNCLOS) regulates the delimitation of maritime boundaries, and provides a framework for managing the overlapping claims of States with adjacent or opposite coastlines, and for…

Law of the Sea

Report on the Obligations of States under Articles 74(3) and 83(3) of UNCLOS in respect of Undelimited Maritime Areas

Report on the Obligations of States under Articles 74(3) and 83(3) of UNCLOS in respect of Undelimited Maritime Areas This report considers the requirements of Articles 74(3) and 83(3) of the United Nations Convention on the Law of the Sea ("UNCLOS") concerning delimitation of the Exclusive Economic Zone ("EEZ") and continental shelf, with particular focus on States' obligations in respect of undelimited maritime areas in which no provisional arrangements apply. Its aim is to shed light…

Law of the Sea

Post Brexit: The Fate of Commercial Dispute Resolution in London and on the Continent

Time: 15:30-19:00 (followed by a drinks reception) Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP Co-organised by Sponsored by This joint conference of the Max Planck Institute for Procedural Law (Luxembourg) and the British Institute for International and Comparative Law looks at the potential impact of a Brexit on cross-border commercial dispute resolution and on the role of London as a center for international litigation…

Brexit

Evidence before the International Court of Justice

Evidence before the International Court of Justice Authors: Anna Riddell and Brendan Plant Published: April 2016 ISBN: 978-1-905221-63-9 Cover: Paperback Pages: 448 The initiative taken by the British Institute of International and Comparative Law to carry out a thorough study of the rules of evidence in international courts and tribunals will place international lawyers deeply in their debt. There can be hardly any field of international legal practice presenting no possibility…

Courts and Tribunals

The Legal Impact of the Paris Agreement on Climate Change

Time: Lord Carnwath, Justice of the Supreme Court Full-time Student - £25

Climate Change

Punitive Damages in Europe and a Plea for the Recognition of Legal Pluralism

Punitive Damages in Europe and a Plea for the Recognition of Legal Pluralism By Erdem Buyuksagis, Ina Ebert, Duncan Fairgrieve, Renee Charlotte Meurkens, Francesco Quarta This multi-author article aims to demonstrate that, despite the traditional understanding that tort law should serve the sole purpose of remedying the harm caused as precisely as possible, there are growing indications in several continental European legal systems that damages awards are not entirely immune from extra-compensatory,…

Comparative Law

Blog: Enforcement of Settlement Agreements Reached in Arbitration and Mediation

Enforcement of Settlement Agreements Reached in Arbitration and Mediation, 25 November 2015 Blog featured in the Kluwer Arbitration Blog Read the Blog 

Arbitration+1

International Economic Agreements and the Rule of Law - the case of the Transatlantic Trade and Investment Partnership (TTIP)

THIS EVENT IS NOW FULLY BOOKED Time: Venue: Rule of Law and Accountability in the negotiation of economic agreements - what is the role of parliaments in overseeing TTIP, and what kind of national accountability mechanisms are in place? What redress mechanisms are built-in within these agreements generally, and how do these relate/not to the rule of law? Costs and benefits, winners and losers, and implications for the UK. Panellists Ruth Bergan, Coordinator, The Trade Justice Movement…

Investment and Trade

Courts and Comparative Law

Courts and Comparative Law Mads Andenas & Duncan Fairgrieve (Editors) While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major…

Comparative Law

Managing Migration Flows in the Mediterranean? A Critical Appraisal

Time: 17:30-19:30 Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP Recent weeks have seen a number of incidents in the Mediterranean Sea that have led to the death of over 1,000 people within the space of just a few days. This was not the first incident of its kind, but its size and media attention shed a spotlight on the ongoing migration crisis in the Mediterranean. It has prompted the European Union and its Member States…

Migration

The Brussels I Regulation Recast

The Brussels I Regulation Recast Andrew Dickinson and Eva Lein Summarises the structure of the Regulation and the role played by the case law of the European Court of Justice Publication - Download PDF Share Links Publication - Tags

International Litigation

Exploring the Boundaries of International Law: Current Protection Challenges

Exploring the Boundaries of Refugee Law Current Protection Challenges Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the 'boundaries' of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well…

Migration

A Liberal Tide: immigration and asylum law and policy in Latin America

A Liberal Tide: immigration and asylum law and policy in Latin America Over the past decade, a paradigm shift in migration and asylum law and policymaking appears to have taken place in Latin America. Does this apparent 'liberal tide' of new laws and policies suggest a new approach to the hot topics of migration and refugees in Latin America distinct from the regressive and restrictive attitudes on display in other parts of the world? The question is urgent not only for our understanding…

Migration

Consent Awards in International Arbitration: From Settlement to Enforcement

Consent Awards in International Arbitration: From Settlement to Enforcement Y. Kryvoi, The British Institute of International and Comparative Law (BIICL) Dmitry Davydenko, Max Planck Institute for Comparative and International Private Law Although over a third of all arbitration proceedings result in settlement agreements very little has been written on the legal status of consent awards in international arbitration. Drawing on comparative analysis of procedural rules and practice of…

Arbitration+1

A New Dimension in International Environmental Liability Regimes

Time: Venue: Arthur Watts public international law seminar series sponsored by Volterra Fietta Event Flyer Speakers Professor Alan Boyle, Edinburgh University and Essex Court Chambers Simon Parker, Department of Environment, Food and Rural Affairs (Defra) Join in the conversation @BIICL #EnvironmentalLiability Sponsored by Jill Barrett This event is accredited with 2 CPD points. BIICL Members: Individual - £40 Full-time Student - £15 Non-members: Individual - £70 Full-time…

Climate Change

Enhanced Court Fees The Government Response to Part 2 of the Consultation on Reform of Court Fees

Enhanced Court Fees The Government Response to Part 2 of the Consultation on Reform of Court Fees and Further Proposals for Consultation Publication - Download PDF Share Links Publication - Tags

International Litigation

Factors Influencing International Litigants' Decisions to Bring Commercial Disputes to the London Based Courts

Factors Influencing International Litigants' Decisions to Bring Commercial Disputes to the London Based Courts Publication - Download PDF Share Links Publication - Tags

International Litigation

Blog: Attacks on Schools: What about International Law?

On 30 July, a school operated by a UN agency in the Jabalia refugee camp, north of Gaza City, was shelled by the Israeli army, killing at least 16 people and injuring more than 100.On 3 August, the Israeli army bombed another Gaza school run by the UN, this time in Rafah, where over 2,000 displaced Palestinians were sheltering. This attack reportedly killed at least 10 individuals. There have also been reports that Hamas has been storing weapons in schools. Can attacks on schools, teachers…

Human Rights and IHL

Contemporary Challenges for the International Criminal Court

Contemporary Challenges for the International Criminal Court "This incisive and important collection of contributions from well-established experts takes the [discussion on the International Criminal Court] to newer and higher levels. The contemporary challenges are set out and underscored and explained. This is a collection of views and opinions that needs to be read by practitioners, academics and judges alike. It will be an essential tool in the debates that these challenges will generate…

Courts and Tribunals

Factors Influencing International Litigants' Decisions to Bring Commercial Disputes to the London Based Courts

BIICL conducted a study for the UK Ministry of Justice on factors influencing litigants' decisions to bring commercial disputes to London based courts. The project involved a broad fieldwork process including an online survey and qualitative interviews with legal practitioners and litigants in the UK and abroad who assessed the advantages and disadvantages of litigation in the UK. The assessment included the reasons for choice of court agreements in favour of English courts and choice…

International Litigation

Protecting Education

International Law Handbook In January 2020, BIICL published Protecting Education in Insecurity and Armed Conflict: An International Law Handbook (Second Edition).This Handbook is a practical and comprehensive guide to the relevant provisions of international law that protect education in situations of insecurity and armed conflict. This is the Second Edition of the Handbook, with the first one having been published in 2012. The Handbook was authored by BIICL, in cooperation with Protect Education…

Human Rights and IHL

What Role Do Property Rights Play In Climate Change?

What Role Do Property Rights Play In Climate Change? Publication - Download PDF Share Links Publication - Tags

Climate Change

Access to justice and legal aid: can modern technology compensate for cuts?

EVENTS Event Description Event - Tags Share Links Event - Timings and Location Event Details As a result of Brexit, a new fisheries regime or regimes governing the UK exclusive economic area will need to be devised in the context of a UK constitutional arrangement whereby fisheries management has been transferred to the four…

AI and Data Worlds

Report on Immigration Detention and the Rule of Law

The Bingham Centre has published its report, Immigration Detention and the Rule of Law: Safeguarding Principles. Led by Michael Fordham QC, with Research Fellows Justine Stefanelli and Sophie Eser, this report draws on legal instruments, promulgated standards, working illustrations and judicial observations. It includes 'soft law' sources and finds inspiration in the principled proactivity of non-governmental organisations. The Bingham Centre was awarded a research grant by the Nuffield…

Migration

Climate Change Issues in the Commonwealth

In December 2011, the Commonwealth Law Bulletin published an article written by Kristin Hausler and Robert McCorquodale on Climate change and its impact on security and survival. This paper had been previously successfully presented at the Commonwealth Law Ministers, which took place in Sydney in July 2011. BIICL followed-up on this initial scoping study by conducting a comprehensive assessment of the adequacy of the legal frameworks applicable within the Commonwealth with regard to access…

Climate Change

Joint Development of Offshore Oil and Gas...

Joint Development of Offshore Oil and Gas: Joint Development of Offshore Oil & Gas Model Agreement for States for Joint Development with Explanatory Commentary v. 1 A first meeting to investigate joint development agreements between States in offshore maritime zones was held by the Institute on 10 June 1985. A Working Group under the chairmanship of Sir Maurice Bathurst was set up with members drawn from industry, university and government service. The Working Group was supported…

Climate Change
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