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Jack Simson Caird

Biography Dr Jack Simson Caird is Senior Research Fellow in Parliaments and the Rule of Law at the Bingham Centre for the Rule of Law. He joined the Bingham Centre in July 2018. Prior to joining the Bingham Centre, Jack was the constitutional law specialist in the House of Commons Library, where he led the Library's work on the European Union (Withdrawal) Bill. Jack was a lecturer in Public Law at the University of Sussex from 2014 to 2015. His academic work has focused on the UK Parliament's…

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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…

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Oliver Garner

Biography Oliver Garner is a Brexit Research Fellow at the Bingham Centre for the Rule of Law, British Institute of International and Comparative Law. His tenure commenced in September 2019. He holds a B.A. in Jurisprudence from the University of Oxford, an LL.M. in Comparative, European and International Laws from the European University Institute (EUI), and he is a Ph.D. candidate in the Law Department of the EUI. His doctoral research focusses on the constitutional mechanisms for Member…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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    …

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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…

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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

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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…

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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,…

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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…

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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…

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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…

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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…

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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…

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Podcast: Cultural Heritage post-Brexit

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

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Podcast: Brexit and Environmental Law

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

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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

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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.…

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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…

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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…

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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

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FAQ: Brexit and Environmental Law

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

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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

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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…

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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…

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