Skip to content

Tags

Search
1 Clear this search

You are viewing Reimagining the Law, All items

Reimagining the law video presentations 28 January 2021

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

Reimagining the Law

Reimagining the law video presentations 27 January 2021

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

Reimagining the Law

Reimagining the law video presentations 26 January 2021

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

Reimagining the Law

Reimagining the law video presentations 22 January 2021

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

Reimagining the Law

Reimagining the law video presentations 21 January 2021

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

Reimagining the Law

Reimagining the law video presentations 20 January 2021

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

Reimagining the Law

Reimagining the law video presentations 19 January 2021

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

Reimagining the Law

Reimagining International Courts and Tribunals Round Up

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

Courts and Tribunals+1

Reimagining Treaty Bodies

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

Courts and Tribunals+1

Reimagining Regional Human Rights Courts 9 December

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

Courts and Tribunals+1

Reimagining the International Court of Justice 8 December

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

Courts and Tribunals+1

Reimagining the International Court of Justice 7 December

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

Courts and Tribunals+1

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

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

Courts and Tribunals+1

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

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

Courts and Tribunals+1

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

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

Courts and Tribunals+1

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

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

Courts and Tribunals+1

Reimagining Environmental Law 21 August 2020

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

Environmental Law+1

Reimagining Environmental Law 20 August 2020

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

Environmental Law+1

Reimagining Environmental Law 19 August 2020

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

Environmental Law+1

Reimagining Environmental Law 18 August 2020

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

AI and Data Worlds+3

Reimagining Environmental Law 17 August 2020

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

Environmental Law+1

Reimagining the Law 3 July 2020

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

Reimagining the Law

Reimagining the Law 30 June 2020

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

Reimagining the Law

Reimagining the Law 29 June 2020

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

Reimagining the Law

Reimagining the Law 26 June 2020

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

Reimagining the Law

Reimagining the Law 25 June 2020

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

Reimagining the Law

Reimagining the Law 24 June 2020

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

Reimagining the Law

Reimagining the Law 23 June 2020

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

Reimagining the Law

Reimagining the Law 22 June 2020

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

Reimagining the Law

Reimagining the Law 19 June 2020

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

Reimagining the Law

Reimagining the Law 18 June 2020

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

Reimagining the Law

Reimagining the Law 17 June 2020

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

Reimagining the Law

Reimagining the Law 16 June 2020

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

Reimagining the Law

Reimagining the Law 15 June 2020

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

Reimagining the Law

Reimagining the Law 12 June 2020

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

Reimagining the Law

Reimagining the Law 11 June 2020

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

Reimagining the Law

Reimagining the Law 10 June 2020

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

Reimagining the Law

Reimagining the Law 9 June 2020

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

Reimagining the Law

Reimagining the Law 8 June 2020

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

Reimagining the Law

Reimagining the Law 5 June 2020

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

Reimagining the Law

Reimagining the Law 4 June 2020

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

Reimagining the Law

Reimagining the Law 3 June 2020

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

Reimagining the Law

Reimagining the Law 2 June 2020

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

Reimagining the Law

Reimagining the Law 1 June 2020

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

Reimagining the Law

BIIICL Launches Reimagining The Law

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

Reimagining the Law

Reimagining the Law

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

Reimagining the Law
-
Keep In Touch