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Sara Razai

Biography Dr. Sara Razai joined BIICL in 2002. Sara is the International Projects Lead and a Research Fellow at the Centre for Comparative Law. Holding a PhD in Law from University College London, Sara specialises in empirical legal research with findings informing policy-making at national and international levels. Current research projects include a UKRI funded project  in cooperation with Kyoto University to investigate the new legal issues arising from the pandemic with a focus on…

Centre for Comparative Law+4

Katie Lines

Biography  Katie Lines is a Research Leader with the Bingham Centre for the Rule of Law. She co-ordinates the Centre's work on emergencies and the Rule of Law. Katie's work has included leading the Independent Commission on UK Public Health Emergency Powers project.  The Independent Commission was chaired by The Rt. Hon. Sir Jack Beatson FBA and considered how far current UK legal frameworks and parliamentary procedures protect the rule of law and human rights, and how far they promote…

COVID-19+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

Final Report of the Independent Commission on UK Public Health Emergency Powers

Summary The Independent Commission on UK Public Health Emergency Powers was established in October 2022 and is chaired by the Rt. Hon. Sir Jack Beatson FBA, formerly a member of the Court of Appeal of England and Wales, who has worked alongside 12 Commissioners with backgrounds in law, public health and other areas of parliamentary governance and public policy. The Commission was supported by a research team from the Bingham Centre for the Rule of Law which served as its secretariat.…

COVID-19+1

Launch of the Final Report of the Independent Commission on UK Public Health Emergency Powers

EVENTS Launch of the Final Report of the Independent Commission on UK Public Health Emergency Powers Event - Tags Share Links Event - Timings and Location Event Details This event will mark the launch of the Final Report of the Independent Commission on UK Public Health Emergency Powers. The Commission is chaired by the Rt.…

COVID-19+1

Publication: Protection and Post-Pandemic Recovery for Vulnerable Groups: European and Asian Approac

Forthcoming: Protection and Post-Pandemic Recovery for Vulnerable Groups: European and Asian Approaches (Edward Edgar Publishing) As part of the ongoing JSPS-UKRI funded project on the Covid-19 pandemic's effect on vulnerable individuals and groups, Protection and Post-Pandemic Recovery for Vulnerable Groups: European and Asian Approaches will be published in 2024.  Co-edited by Professors Eva Lein & Yuko Nishitani, the volume draws on a wide range of different sectors, and contributions…

Centre for Comparative Law+1

Project Activities: Rescuing Intellectual Property Rights in Pandemic Emergencies from the "Tragedy

Project Activities  Rescuing Intellectual Property Rights in Pandemic Emergencies from the"Tragedy of Anticommons Kobe Conference: 27-28 October 2022 Kobe University hosted a two-day conference centred on pandemic preparedness and response through the lens of international and comparative law. The agenda included WHO Law, Japanese pharmaceutical and patent law, intellectual property mediation law, and disaster law. A key focus was the concept of the "Tragedy of…

Comparative Law+3

Pathogen Sharing and International Law: The Search for Equity Under the Pandemic Treaty

On 19 July 2023, the British Institute of International and Comparative Law (BIICL) organised an event titled "Pathogen Sharing and International Law: The Search for Equity Under the Pandemic Treaty". The discussion was chaired by Dr Stephanie Switzer, University of Strathclyde. The panel speakers were Prof Gian Luca Burci, Geneva Graduate Institute, Prof Elisa Morgera, University of Strathclyde, One Ocean Hub, Dr Mark Eccleston-Turner, King's College London, Dr Michelle Rourke, Law Futures…

COVID-19

Law and Change

BIICL Centre for Comparative Law is collaborating with Professor Mark Findlay (Honorary Senior Fellow, BIICL; former Director of SMU Centre for AI and Data Governance) on a series of webinars on 'Law and Change'. 'Law and Change' is a series designed to discuss how global crises are changing law and how law and legal services can assist in the orderly management of global change.  Artificial Intelligence (AI) is touted as the remedy for many of the economic, social, political…

Artificial Intelligence+3

Pathogen Sharing and International Law: The Search for Equity Under the Pandemic Treaty

EVENTS Pathogen Sharing and International Law: The Search for Equity Under the Pandemic Treaty Event - Tags Share Links Event - Timings and Location Sponsored by:      Event Details World Health Organisation (WHO) Member States are currently negotiating a pandemic treaty, intended to address the global failures…

Arbitration+4

Law and the COVID-19 Pandemic

EVENTS Law and the COVID-19 Pandemic Event - Tags Share Links Event - Timings and Location Book Launch with Talk Please join us to launch the Routledge Handbook of Law and the COVID-19 Pandemic, with a talk by Adam Wagner, barrister at Doughty Street Chambers and leading authority on the law relating to COVID-19 in the UK, along…

COVID-19+1

Determinants of Anti-trafficking Efforts

EVENTS Determinants of Anti-trafficking Efforts Event - Tags Share Links Event - Timings and Location Event Details  This event is the culmination of a two and a half year research project undertaken at BIICL, which analysed the determinants of anti-trafficking efforts. Determinants are understood as factors shaping governments'…

COVID-19+3

Lessons for a 'Post-Pandemic' Future

EVENTS Lessons for a 'Post-Pandemic' Future Event - Tags Share Links Event - Timings and Location  This Event is sponsored by Organised by  Webinar   The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies…

COVID-19+2

Breathing Space- Concept Notes on the effect of the 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 Law, attended by Lord Phillips of Worth Matravers, Lord Neuberger of Abbotsbury, Sir David Edward, Sir William Blair, Professor Spyros Maniatis, Professor Malik Dahlan and Keith Ruddock. It was felt that in the emergency situation created by the COVID-19 pandemic, a universal challenge, a debate should happen as a matter of priority on the necessary…

Centre for Comparative Law+4

New projects announced to address COVID-19 challenges

UK-Japanese social science and humanities projects to address the challenges presented by the global pandemic. The British Institute of International and Comparative Law (BIICL) is delighted to be working on two new projects focused on supporting global efforts to manage the effects of the pandemic. COVID-19 and the law: protection and recovery for vulnerable groups  An interdisciplinary study on medical research and development: rescuing intellectual property rights in pandemic emergencies…

Comparative Law+2

BIICL and CEDR launch new podcast series

BIICL is proud to partner with the Centre for Effective Dispute Resolution (CEDR) on a new podcast series on smarter approaches to dispute resolution. This series brings together BIICL's 'Breathing Space Series' which aims to help safeguard commercial activity in the wake of the COVID-19 pandemic and CEDR's vision of 'Better conflicts, better outcomes leading to a better world'. While looking at issues relating to the COVID-19 pandemic, the series will also look at evolving attitudes…

Centre for Comparative Law+3

Short Course: Pharmaceuticals and Intellectual Property

EVENTS Short Course: Pharmaceuticals and Intellectual Property Event - Tags Share Links Event - Timings and Location    Event Details This is a wide-ranging course offering diverse legal and interdisciplinary perspectives exploring the nexus between global public health and intellectual property. Although the business…

COVID-19+4

COVID-19 and the law: protection and recovery for vulnerable groups

COVID-19 triggered an unprecedented global health and economic crisis, fundamentally impacting every aspect of life. It caused massive economic disruption and affected supply chains, the ability to undertake and implement work, government-function and access to justice. In particular, vulnerable individuals and groups such as small businesses, women and children, supply chain workers, migrants and refugees were affected. In response, this study aims to concentrate on safeguarding these…

Centre for Comparative Law+1

Parliamentary Scrutiny, Evidence and the Rule of Law: lessons from the pandemic and beyond

EVENTS Parliamentary Scrutiny, Evidence and the Rule of Law: Lessons from the pandemic and beyond Event - Tags Share Links Event - Timings and Location Event Details What information and evidence does Parliament need to enable it to oversee government law-making? Is Parliament currently provided with sufficient information and,…

COVID-19+1

Professor Duncan Fairgrieve appointed honorary QC

It has been announced today that Professor Duncan Fairgrieve  has been appointed Honorary Queen's Counsel by HM Queen for his academic work, including both his work on comparative law and also during the pandemic in respect of emergency medicines and Covid-19 vaccines. BIICL congratulates Professor Fairgrieve on this well deserved honour. Read the government announcement. 

Centre for Comparative Law+1

Rescuing Intellectual Property Rights in Pandemic Emergencies from the "Tragedy of Anticommons"

An Interdisciplinary Study on Medical Research and Development: Rescuing Intellectual Property Rights in Pandemic Emergencies from the "Tragedy of Anticommons" is a three year project which will examine how aspects of private law, commercial law, and intellectual property law might be reformed to better enable a rapid policy response in the face of an emerging pandemic. The project involves legal scholars from the University of Aberdeen, BIICL, Kobe University, Hokkaido University, Nihon…

Comparative Law+2

HRDD Forum: Covid-19 and Value Chains: Three recent studies

EVENTS HRDD Forum: Covid-19 and Value Chains: Three recent studies Event - Tags Share Links Event - Timings and Location    Event Details At this thematic session, speakers will present their recent findings on the impact of Covid-19 in value chains, all the way from the agricultural fields, through the garment supply…

Business and Human Rights+4

Covid-19 Vaccine Injury Compensation Schemes: Comparative Perspectives

EVENTS Covid-19 Vaccine Injury Compensation Schemes: Comparative Perspectives Event - Tags Share Links Event - Timings and Location Organised in partnership with: Event Details This event will examine critically the provision made for the small numbers of those who have suffered adverse reactions after administration of one of…

COVID-19+1

COVID-19 - Test for the World’s Legal Systems

Study by The International and Comparative Law Research Center  The ongoing COVID-19 pandemic has not only become a global health and economic challenge but has also raised the questions of the sufficiency of emergency regulations at the international and national levels and the selection of the most effective response measures. The results of this research can be used to improve existing regulation, introduce the best approaches and practices for the prevention and response to emergencies,…

Centre for Comparative Law+2

Webinar Series: Power and the COVID-19 Pandemic

EVENTS  Webinar Series: 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  Marking the conclusion of the…

COVID-19+1

BIICL Guidelines – Constructive resolution of business legal disputes post COVID-19

Small businesses are the backbone of the UK economy and key to economic recovery post COVID-19 and Brexit. Yet many of them struggle to obtain payment on time, or sometimes at all, and end up facing a difficult choice: to pursue payment by the often slow process of going to court, with the outlay of cost and valuable management time and effort, and the risk of damaging important commercial relationships, or to walk away from money that is rightly theirs. COVID-19 has increased these difficulties…

Comparative Law+2

BIICL expands Breathing Space initiative by publishing guidelines in seven languages

BIICL is proud to announce the expansion of the Breathing Space initiative as Concept Note 3 the BIICL Guidelines are translated into seven additional languages Concept Note 3 is a set of guidelines published in September 2020 by a group of leading commercial lawyers which set out practical ways in which corporates might be encouraged to adopt a more conciliatory approach to COVID-19 related contractual disputes without prejudicing or altering parties' legal rights. Helen Dodds, former Global…

Centre for Comparative Law+3

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

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…

Artificial Intelligence+2

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…

Artificial Intelligence+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

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

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

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

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

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

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

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

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

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

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

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

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

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…

Centre for Comparative Law+2

“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…

Centre for Comparative Law+2

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

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

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…

Artificial Intelligence+2

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

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

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

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

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

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

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

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

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…

Artificial Intelligence+1

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…

COVID-19+1

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

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…

Artificial Intelligence+1

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

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

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

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

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

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

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  Read more about the Breathing Space Project 

Centre for Comparative Law+1

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: 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

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

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

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

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

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

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

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
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