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Nyasha Weinberg

Biography Nyasha Weinberg is a Research Fellow 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,…

COVID19+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…

COVID19+1

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…

COVID19+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

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,…

COVID19+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…

COVID19+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…

COVID19+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…

COVID19+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…

COVID19+2

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…

COVID19+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…

COVID19+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…

COVID19+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…

COVID19+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…

CCL+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…

COVID19+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…

COVID19+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…

BIICL Global+2

Breathing Space

Concept Note 1 on the effect of the 2020 pandemic on commercial contracts A note agreed by senior judges and academics, at a meeting held by the British Institute of International and Comparative Law (BIICL), has called for 'breathing space' in commercial contract disputes arising from the current Covid-19 pandemic. Download Concept Note 1  Concept Note 2 on the effect of the 2020 pandemic on commercial contracts Following its recent call for Breathing Space, BIICL has released Concept…

CCL+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…

CCL+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…

COVID19+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…

COVID19+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

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…

COVID19+1

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…

COVID19+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…

COVID19

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 -…

COVID19

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 

CCL+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…

COVID19

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 

COVID19

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…

COVID19

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…

COVID19+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…

COVID19

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…

COVID19

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…

COVID19

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…

COVID19

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…

COVID19+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…

COVID19+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…

COVID19

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.…

COVID19
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