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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 on the International Law of Territorial Disputes at the British Institute of International and Comparative Law (BIICL) where he leads the Watts programme of research and events in maritime and territorial disputes. He is also a Visiting Scholar in International Law and Public Policy at the University of Tokyo, Japan, where he conducts research on Japan's domestic regime for deep-sea mining and its international dimensions.…

Climate Change+2

Anthony Wenton

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/…

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+2

Vincent Smith

Vincent Smith Vincent Smith is a Visiting Fellow at the Institute working in the fields of collective redress and competition law. He contributes to BIICL's work developing a web based research resource in this area (part funded by the European Commission) and also participates regularly in conferences and events organised by the institute in this area. Person - Contact DetailsShare Links

Comparative Law

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

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

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…

BREXIT+2

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 and other aspects of implementation of the UN Guiding Principles on Business and Human Rights. Prior to joining BIICL, Irene worked with international organisations and NGOs in different countries of Europe, Latin America, South and Southeast Asia in the area of business and human rights. For three years, she was based…

Business and Human Rights

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

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+1

Sara Migliorini

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International Litigation

Spyros Maniatis

Biography Professor Maniatis joined BIICL as Director in September 2018. He was previously Professor of Intellectual Property Law and Head of the Centre for Commercial Law Studies (CCLS) at Queen Mary University of London. He is now Honorary Professor of Intellectual Property at Queen Mary. While Head of the CCLS, he extended the reach of the Centre with programmes in France, Singapore, and Greece and added new areas to its teaching and research specialisms ranging from shipping and energy…

Technology

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…

Competition+2

Tomas Llanos

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Competition+1

Eva Lein

Biography Eva is Professor at the University of Lausanne. Her fields of expertise are private international law, international dispute resolution and comparative law. She also is a Senior Research Fellow and Director of the Centre for Comparative Law at BIICL. Eva is a qualified German lawyer. She fluent in English, French, Italian, Spanish and German and has been lecturing in various countries. She is Honorary Senior Lecturer at Queen Mary University of London and at Queen Mary University…

Arbitration+2

Yarik Kryvoi

Biography 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 Professor of Law at the University of West London (part-time) and teaches arbitration…

Arbitration+2

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

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 ,…

Courts / Tribunals+2

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…

BREXIT+5

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…

BREXIT

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…

Collective Redress+1

Claire Bright

Biography Claire Bright is Research Fellow in Business and Human Rights, and joined the BIICL in February 2019. She is also a Max Weber Fellow at the European University Institute in Florence. Her main research interests focus on Business and Human Rights and she is currently working on a research project for the European Commission on human rights due diligence in supply chains. Prior to joining the Institute, Claire has worked as a Lecturer at the London School of Business and Management,…

Business and Human Rights

Constance Bonze

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International Litigation

Julinda Beqiraj

Biography Dr. Julinda Beqiraj is a Senior Research Fellow at the Bingham Centre for the Rule of 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…

BREXIT+3

SAVE THE DATE: Law, Culture and Human Rights in Asia and the Middle East

EVENTS SAVE THE DATE: Law, Culture and Human Rights in Asia and the Middle East Event - Tags Share Links Event - Timings and Location     Call for Abstracts In conjunction with the British Institute of International and Comparative Law (BIICL), Coventry University and the editors of the Asian Yearbook of Human Rights and Humanitarian Law…

Human Rights

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

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 two-day programme focuses…

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

Fisheries after Brexit

EVENTS Fisheries after Brexit 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 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

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

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

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 / 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

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…

Migration

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

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 / 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 / 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    …

Rule of Law

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

United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM): 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…

Migration

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

Coercive tactics: China, Turkey and International Law

Coercive tactics: China, Turkey and International Law Energy exploration by China and Turkey within the national waters of other nations is contrary to international law - it is upon the international community to steer recalcitrant states towards obedience. Blog by Constantinos Yiallourides  in Maritime Issues Read the Blog 

Law of the Sea

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

BIICL Trustee announced as president of the Supreme Court

Lord Reed to succeed Baroness Hale It was announced today that the Rt Hon Lord Reed will succeed Baroness Hale of Richmond as President of the Supreme Court of the United Kingdom, alongside three additional appointments as Justices. The Queen has been pleased to confer a peerage of the United Kingdom for Life on Lord Reed upon his appointment as the President of the Supreme Court in recognition of the contribution that he has made to law and justice reform. Lord Reed will replace Lady Hale…

Governance

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

Centre for Comparative Law

Centre for Comparative Law A new Centre for Comparative Law, led by Eva Lein, will be operational from September 2019.  Further details to follow.

Comparative Law

Centre for International Law

Centre for International Law (CIL) 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+1

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 negotiating treaties or when faced with an investment dispute through appropriate experts. 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 provide non-specific advice to States in such matters.…

Investment / Trade

Test project

The British Institute of International and Comparative Law (BIICL) provides informed, independent and practical legal ideas for a global community. Its high quality and respected work involves analysis and debate about contemporary issues on every continent, from its base in the heart of London's energetic and multicultural legal network. BIICL has been making an influential impact since its foundation in 1958, and it can trace its history even further back to 1894. It is one of the very…

BREXIT

New Specialist Commercial Courts - Changing Dispute Resolution post Brexit?

This project undertakes an assessment of new specialist Commercial Courts. These might change the litigation landscape post Brexit by attracting litigation business that traditionally went to the English courts. It has been a recent trend to create such courts in various jurisdictions where cases can be dealt with in English and under English law/ by English judges (see eg the Singapore or Qatar Commercial Courts). The perspective of Brexit has led to similar court initiatives in some…

International Litigation

'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

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

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 / 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 / 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,…

Human Rights+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

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

Researcher

BIICL Researcher Programme We expect to advertise new researcher roles at the end of 2019 for an early 2020 start date BIICL has established a rolling programme of paid Researcher roles for those in the early stages of a research career in international and comparative law. Posts are offered on a part-time basis (0.8 FTE/28 hours per week) for a ten month period. Opportunities are usually available across BIICL's main research areas including Public International Law, the Rule…

Job

Vacancies BIICL

Vacancies Details of all paid roles at the British Institute of International and Comparative Law (BIICL) can be found below as well as details of how to apply.     Current Vacancies Research Fellow in Judicial Independence and Constitutional Transitions This is a full-time, fixed term post for seven months, starting as soon as possible, and ending by or before 31 July 2020. Closing date for applications is on or before Sunday 3 November 2019. More details …

Job

Visiting and Honorary Fellowships BIICL

BIICL Visiting & Honorary Fellowships  We are NOT able to accept Visiting Research Fellowship applications from the end of May 2019 to January 2020. The British Institute of International and Comparative Law welcomes applications from international legal academics and scholars to conduct their own research whilst based in London. The objectives of the Visiting Research Fellowship are to provide scholars with an opportunity to have a base in London to carry out independent…

Resarch Fellow

Volunteer Roles

Volunteer Roles Share LinksAs a registered charity, BIICL is able to offer opportunities for volunteers to assist in its research and activities. These are highly flexible, part-time opportunities, undertaken on a short-term basis to suit your availability. We also welcome people under the Erasmus+ scheme, or with funding from their university or other institution to undertake work placements. We value our volunteers and offer a rewarding experience. We aim…

Job+1

Careers

Careers Share LinksWork with BIICL There are many ways to become more closely involved with the Institute. On this page you can find links to information on job vacancies at the Institute and details of our Researchers, volunteering and Visiting Fellowship programmes. Current Vacancies  Researcher Programme Volunteer Roles Visiting and Honorary Fellowships The British Institute of International and Comparative Law welcomes…

Job+2

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 / Tribunals

Annual Harry Weinrebe Memorial Lecture: Do Human Rights Need Rescuing?

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 In his new book, Professor Hurst Hannum calls for a 'radically moderate approach' that adopts a strict understanding of human rights as international human rights law, maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. The panellists will discuss…

Human Rights

Impacts of our work

Impacts of Our Work Many of BIICL's activities have a direct or indirect impact on policy and law, as well as more generally on the responses of others to our work. While this is primarily in regard to our research and publications, our events and training also provide wider public benefit in terms of information and education about contemporary legal issues. A snapshot of some key impacts from our work in 2017/18 is provided below. Promoting…

Annual Report

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

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

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…

Investment / Trade

Membership - Individual

INDIVIDUAL MEMBERSHIP Membership of BIICL is open to all and enables you to become part of a diverse community including practitioners, scholars and many others with an interest in international and comparative law, and the rule of law. Individuals who become members of BIICL benefit from a range of attractive discounts and have an opportunity to network with those who work in the institute as well as the many partner organisations which BIICL is linked to. Members are kept informed…

Events

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

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

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

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

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

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

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

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

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 / 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

Pipelines and International Law

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 Event Report The indispensability of energy resources, such as oil and gas, for State's socioeconomic development and security brings the cross-border transit of energy to the centre of international debate. In this context, pipelines embody the confluence of distinct areas of international law, from…

Energy

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…

Energy

Resolving the Brexit impasse

Resolving the Brexit impasse The second meaningful vote, indicative votes and an extension to Article 50 By Jack Simson Caird, Alan Wager and Matthew Bevington Publication - Download PDF Share Links Publication - Tags

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

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 French Duty of Vigilance Law Swiss counter-proposal for mandatory HRDD the UK Joint Committee on Human Rights UN Guiding Principles on Business and Human Rights Business and Human Rights Resource Centre

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

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 Publication - Download PDF Share Links Publication - Tags

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

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…

Energy

European Commission study on human rights due diligence in supply chains

BIICL is leading a project for the European Commission DG for Justice and Consumers on human rights due diligence in supply chains. Our research partners are Civic Consulting in Berlin, and LSE Consulting . This study follows the request by the European Parliament of June 2018 for the Commission to propose a mandatory legislative framework for mandatory human rights due diligence, including "a duty of care to be fully phased-in within a transitional period". The study will have…

Business and Human Rights

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

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…

Investment / Trade

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

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 / Trade

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

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

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

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 / 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, led by Dr Jean-Pierre Gauci and funded by the Mirpuri Foundation will last for one year starting in November 2018. Recent years have seen growing numbers of migrants, and would-be asylum seekers, embarking on perilous sea crossings to flee violence, conflict…

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 / 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

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 and the Political Declaration on the Future Relationship

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

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

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 and international law firm Hogan Lovells are conducting a research into the feasibility and options of such a "failure to prevent" mechanism. The study will explore what such a mechanism could look like, whether it would be criminal or similar, and how it could…

Business and Human Rights

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

The Withdrawal Agreement and the Political Declaration: A Preliminary Rule of Law Analysis The six months before exit day, 29 March 2019, are a critical period for Parliament's role in the Brexit process. Before exit day, Parliament will be asked to approve the Withdrawal Agreement, the Political Declaration on the Future Relationship between the UK and EU, and the EU (Withdrawal Agreement) Bill. The Rule of Law, a central principle of the UK's uncodified constitution, provides a set…

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

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

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) has completed…

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) 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

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

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

Protecting and Preserving the Marine Environment in Disputed Areas..

   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 in the areas under dispute. But the lack of previous legal scholarship on the topic is even more surprising…

Energy

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 implications Publication - Download PDF Share Links Publication - Tags

Energy

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

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

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 / 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

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 / 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

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

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

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 / 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 / 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

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 / 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

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

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

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 / Tribunals

The Legal Impact of the Paris Agreement on Climate Change

Time: Chair Lord Carnwath, Justice of the Supreme Court Caroline Ross Individual - £40 Full-time Student - £25 Cancellation by us

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 / 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

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 / 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 September 2012, BIICL published Protecting Education in Insecurity and Armed Conflict: An International Law Handbook (the Handbook). 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. The Handbook was authored by BIICL and was the culmination of a year-long research project commissioned by Protect Education in Insecurity and Conflict (PEIC),…

Human Rights

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

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

UNCLOS at 30

This event is now fully booked. The conference programme is available to view here and a downloadable brochure is available here. The British Institute of International and Comparative Law in conjunction with the Law Society of Northern Ireland is pleased to announce an event commemorating the 30th anniversary of the opening for signature of the United Nations Convention on the Law of the Sea ("UNCLOS"). UNCLOS, often referred to as "the Constitution of the Sea", now has over 160 States parties…

Energy

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…

Energy

Human Rights

Arbitration

Investment / Trade

Investment / Trade

Arbitration

Investment / Trade

Cultural Heritage

Investment / Trade
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