Centre for Legal Research
Annual Report 2013-2014
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Centre for Legal Research / Annual Report 2013/2014
Contents
Overview of the Centre for Legal Research 2013-2014
3
Overall purpose of the CLR
4
Research units
4
Aims of the research units
4
Unit reports
5
• Criminal Justice Unit
5
• Commercial Law Research Unit
8
• Environmental Law Unit
11
• Family, Gender and Equality Unit
13
• International Law and Human Rights Unit
14
Centre for Legal Research publications
20
• Books
20
• Chapters in books
20
• Journal articles
21
• Conference and seminar papers
22
Centre for Legal Research members
25
Post-Graduate Research case studies
26
Centre for Legal Research / Annual Report 2013/2014
Overview of the Centre for Legal Research 2013-2014
The Centre for Legal Research (CLR) was established by the University in October
2002. It promotes and co-ordinates the research activity within the School of Law. The
CLR is fortunate to be home to a large number of scholars, research associates and
postgraduate students who specialise in a wide range of subject areas and legal disciplines.
We are passionate about the law, its ability to change people’s lives and the ways in which
our own work can affect change regionally, nationally and across international borders. CLR
scholars are at the forefront of many legal and policy debates, knowledge exchange and
public engagement activities. Our scholarship informs national and international legal
developments, impacting on the lives of people in the wider community, as well as
government and business.
The CLR and its research is organised into five subject-based research units covering:
Commercial Law; Criminal Justice; Environmental Law; Family, Gender & Equality and
International Law & Human Rights. As you will see from the unit events detailed in this
report, 2013-14 has been a very busy year for the CLR. Its members have been engaged in
a wide variety of research, seminar and conference activities. We have hosted speakers from
around the world, and provided a forum for debate and public engagement. Our work
has impacted on policy debates within government, the scholarly community, businesses,
charities and the voluntary sector.
This year, CLR scholars have engaged in a great deal of consultancy work with external
partners and have attracted research funding from a variety of sources including: the
British Academy, Public Health England, ESRC, Avon and Somerset Constabulary, College
of Policing and the European Union. This year has seen the CLR’s best ever record for
funding bids and research income in its history. The previous record was 12 bids in a year,
but this year we achieved 30 bids. Of those, 13 were successful and generated bid income
of £424,382 for the law school.
The combination of high class scholarship and research-led teaching is an important
element in our commitment to teaching and to our students. In addition to this, the CLR
has a number of talented undergraduate and postgraduate student members. As Centre
director, I am delighted to be able to present two case studies featuring postgraduate
students and their research. These case studies illustrate the passion our students have for
their own areas of research and how colleagues within the CLR assist and support their
research.
I hope you enjoy reading about our achievements as much as I have enjoyed working with
colleagues who have done so much to promote understanding, research excellence and
community impact over the last 12 months.
Professor Phil Rumney
Director, Centre for Legal Research
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Centre for Legal Research / Annual Report 2013/2014
The overall purpose of the
Centre for Legal Research
The Centre for Legal Research (CLR) aims to support the research policy of the Bristol
Law School by working to further improve the research reputation of the School, to
broaden the base of active researchers and to increase the level of research funding.
It seeks to do this by providing a mechanism for securing external recognition for the
research capabilities of the School, to assist the research units to develop their own
identities and reputations, and by providing a supportive structure for research active
staff whether or not they are members of a research unit.
Key aims of the CLR
• improve the quality of research and publications in the Law School
• increase the level of funding secured for research, and from other research-related activities such as conferences
• develop the public profile of the CLR
• improve the internal profile of the CLR, and knowledge and appreciation of
research activity within the School
• increase the rate of citations of work published by centre members and develop other esteem indicators
4
Research units
The CLR comprises five research units headed by a research active academics:
Commercial Law; Criminal Justice; Environmental Law; Family, Gender & Equality and
International Law & Human Rights. Members of these research units include colleagues
from other faculties, as well as undergraduate, LLM and PhD students in the School
of Law.
Aims of research units
• to act as a subject focus for research and research funding bidding and to develop
experienced bidding teams reflecting areas of research expertise
• to facilitate more effective management of research, and to encourage research
expertise across the School
• to help fulfil the goal of widening participation in research through the provision of
a more specific focus for subject-related research activities
• to organise research specialism and publications for the next REF
• to raise the external profile of the Law School’s research activities
Unit reports
Centre for Legal Research / Annual Report 2013/2014
Criminal Justice Unit Annual Report
Introduction
The Criminal Justice Unit provides a forum for criminal justice research activity within
UWE. We support our members in the development and implementation of their
research and other scholarly activity. We actively support research funding applications
and encourage collaboration both within the unit and in the wider academy.
The CJU provides a platform for members to present their research, and has in the past
12 months held several meetings at which at least one research paper was presented
by a member of staff; this allowed for discussion and development of ideas to ensue so
that presenters could get the most out of their paper and feedback and discussion. The
papers presented included topics such as money laundering in Laos PDR, and giving
evidence to governments on violence against women. There is clear cross-disciplinary
appeal as regards the research presented.
The unit has gained several new members this year, all based in law, which has
allowed not only for the expansion of the Unit and for some interesting research
papers to be given, but also for Unit members to get a better idea of what each other
are researching so that dovetailing interests and collaborative opportunities may be
identified. The Unit has members from Law, BILP, Education, Criminology, Public Health,
and HAS, and it is hoped that the Unit will continue to grow and involve active
membership from members from a wide range of disciplines.
The Unit aims to provide a platform for external speakers to come to UWE in order to
present on an aspect of criminal justice and encourage debate and knowledge transfer
and exchange. Unit events over the past 12 months have included two which related
to human trafficking, and a forthcoming event focuses on the prison system. It is
anticipated that more events, and more diverse events will be run through/with the
Unit, as members are periodically asked whether they would like run an event or invite
a guest speaker to the University.
Events
Half-day event: “Current Issues in Human Trafficking” (December 2014)
Our speakers at this event, Bernie Gravett and Andrew Desmond, have direct
experience in the fight against trafficking and came to UWE to offer unique
perspectives on their roles in anti-trafficking with the police.
Guest Speaker: Bernie Gravett (April 2014)
Bernie Gravett was invited to UWE to speak about his experiences of combatting
human trafficking with the London Met police.
Bernie Gravett
Bernie is an ex-Superintendent of the London Metropolitan Police, and led the first
EU Joint Investigation Team partnered with Romania investigating child trafficking
Advocacy workshop on Violence Against Women (May 2014)
On 23 May 2014, CAWN (Central America Women’s Network), based in London,
came to UWE to provide a free all-day advocacy and campaigning workshop to up to
20 UWE law students. The theme of the workshop was ‘Promoting Women’s Rights
for a Life Free from Violence’.
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Unit reports
Centre for Legal Research / Annual Report 2013/2014
Consultancy and submissions to official bodies
Report compiled by attendees at a conference in Onati, organised by Jackie Jones and
Evadne Grant: ‘Human Trafficking: Challenges and Opportunities for the 21st Century:
OUTCOMES AND PROPOSALS’.
The following is copied verbatim from the report: “A human trafficking expert
workshop took place over a two-day period from 26-27 June 2014 at the Onati
International Institute for the Sociology of Law. Experts from across the globe attended
to provide insights into different aspects of human trafficking and how it related to
the EU experience. Contributions from Canada (capacity building), California (supply
chain), Argentina (policies in action), Spain (forced labour), the Balkans (trafficker
interviews), the UK (identification of victims; criminalisation of victims) all brought
fresh views from the front line as well as research results that fed into a panel with
contributions from the EU Commission Anti-Trafficking Office, the EU Fundamental
Rights Agency and GRETA. The entire second day was devoted to discussions between
participants, divided into two groups to look at the challenges and opportunities for
the future. The groups were successful in putting forward recommendations to the
EU on two themes: victim protection and possible changes to the EU Anti-Trafficking
Directive.”
Funding and fellowships
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Dr Lauren Devine of UWE Bristol Law School was awarded over £200,000 from the
ESRC for an innovative project to rethink key elements of child protection policy. The
18 month project ‘Rethinking child protection strategy: evaluating research findings
and numeric data to consider whether current intervention strategy is justified’ was
awarded the grant under the second year of the ESRC’s Transformative Research Call.
Lauren is the Principal Investigator of transformative research funded by the ESRC for
‘genuinely transformative research at the frontiers of social science’. (grant number
ES/M000990/1 for £202,487).
Dr Mary Young and Dr Onita Das: SPUR 6 for 2014/2015 funding for project on
‘Tracing the proceeds of environmental crime: case study of lower Mekong sub-region’.
Ed Cape: An empirical research project funded by the European Commission on ‘The
practice of pre-trial detention: Monitoring alternatives and judicial decision-making’
JUST/2013/JPEN/AG/4533, from 1 June 2014 to 31 May 2016. The project is being
conducted jointly with Fair Trials International (who are managing the project) and 9
other international partners.
Jackie Jones, Jessica Elliott and Evadne Grant: SRDF for 2013/2014 funding for
‘Comprehensive training to raise prosecution rates for human trafficking in the EU’
(Approx £10,000, Research ongoing).
Phil Rumney, Rachel Fenton, Duncan McPhee: British Academy funding: ‘Evaluating
the Performance of ‘Bluestone’ – the response of a specialist policing unit to allegations
of rape’. The aim of the research is to examine the impact of a specialist investigative
unit using case file reconstructions/comparisons and interviews with officers working in
that unit.
Kieran McCartan and James Hoggett secured a match funded PhD student starting in
January 2014. The PhD is half funded by Avon and Somerset Constabulary and half by
the Faculty of Health and Social Sciences (UWE). The 3 year studentship will be looking
at ‘The impact of predictive analytics on policing practice and effectiveness’.
Onita Das and Mary Young: Successful Lauterpacht Centre for International Law at
Cambridge University (LCIL) Research Fellowship, Cambridge University - 2015.
Unit reports
Centre for Legal Research / Annual Report 2013/2014
Unit partnerships, networks and collaborations,
KE and CPD
Sexual Violence Research Network (Founders: P Rumney, K McCartan; other Unit
members: Dr Jessica Elliott, Prof Jackie Jones, Dr Duncan McPhee, Dr Rachel Fenton):
The Sexual Violence Research Network (SVRN) is a network of scholars, students,
criminal justice professionals and agencies based at the University of the West of
England (UWE Bristol) providing an educational resource for professionals, charities,
support groups, scholars and students with an interest in the criminal justice process,
and specifically, the victims and perpetrators of sexual violence.
Community engagement and partnership working with sexual offenders network
(K McCartan – Principal Investigator). The Community Engagement and Partnership
Working with Sexual offenders Network is an international network funded by the
Leverhulme Trust. It is designed to engage practitioners, academics and policy makers
on issues of sexual offender risk management and public protection.
P Rumney (with K McCartan), Victims and perpetrators of sexual violence: law, policy
and research update seminar 14 January 2014
P Rumney (with K McCartan), Victims and perpetrators of sexual violence training
event, 18 February 2014
P Rumney (with K McCartan and J Elliott), Victims and perpetrators of sexual violence:
law, policy and research seminar 2 September 2014
J Elliott, Half-day event: Current Issues in Human Trafficking (December 2014)
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Other/miscellaneous
James Hoggett has been running a series of workshops around evidence based
policing. This was funded by the College of Policing Innovation and Partnership Fund.
Kieran and James have just secured one year’s funding from Avon and Somerset
Constabulary to evaluate their new integrated victim management programme,
Lighthouse.
Dr Mary Young is a rapporteur/member of the newly established Cambridge think tank
on organised crime, ‘SymToc’ - first meeting at the Cambridge International Economic
Crime Symposium 2014.
Dr Mary Young is a contributing intelligence analyst for the think tank, Open
Briefing; for which she provides monthly briefings on transnational organised crime.
Jessica Elliot co-wrote a UK Country Report focusing on the law and policy relating
to human trafficking, for the COMBAT project currently being undertaken at Oxford
Brookes University and funded by the EU/EC.
Jessica Elliott was interviewed for a BBC programme focusing on prosecution rates of
human traffickers, drawing upon research undertaken as part of the SRDF bid, with
J Jones and E Grant.
Unit reports
Centre for Legal Research / Annual Report 2013/2014
Commercial Law Research Unit
Annual Report
Introduction
The aim of the Commercial Law Research Unit (CLRU) is to support staff as well as our
postgraduate students in their research so that they can produce high quality research
outputs, optimize research dissemination, knowledge exchange, and education for an
international audience of academics, practitioners, and students.
CLRU organises events to foster a debate on contemporary issues; showcases
research outputs by staff; brings in expert speakers to enhance learning and
knowledge exchange; and holds multi-disciplinary symposiums and conferences.
The CLRU support various projects and initiatives in and outside of UWE including
leadership for the South-west Fraud Forum, Centre for Global Finance, Innovate UK,
the Welsh Government.
An important aspect of the CLRU is to bridge the gap between academic law and its
practical application. The research interest and activities of the CLRU focus on a wide
range of commercial law related activities including corporate social responsibility,
energy law, EU Law, employment law, international trade law, banking and finance
law, financial regulation, financial crime, cyber law, digital assets law, corporate
governance and consumer law.
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In pursuit of these aims the CLRU has the following objectives:
•To produce high quality research to be disseminated to an international audience
by means of conference presentation, academic journal output and other forms of
output and publication.
•To produce knowledge exchange outputs such as consultancy and CPD courses
with relevance both to a national and international stakeholder audience, focusing
in particular on practical issues within commercial and policy sectors.
•To deliver an LLM programme with a growing reputation and which is underpinned
by a core of research informed teaching.
•To support colleagues, providing them with constructive research environment, and
advice on external funding applications,
•To provide an active, rigorous and coherent PhD programme, linking this with
themes of the CLRU,
• To provide logistic and financial support to the CLRU members,
•To forge contacts with experts and researchers from other disciplines, and pursue
collaborative research and funding opportunities,
•To provide visiting academics with the opportunity to contribute to the work of the
CLRU and collaborate in its joint research projects and other initiatives.
Events
Guest Speaker: Hon. Christopher Gardner QC “Advocacy: Art or Skill?”
19 February 2014, UWE Bristol
V Chauhan Bribery Act 2010 & Southeast Asia, UK Ministry of Trade & Investment –
UK ASEAN Business Council, 11 April 2014
Unit reports
Centre for Legal Research / Annual Report 2013/2014
Mark Bishop, Head of Operations - National Crime Agency - “Friends with shared
aims? UK experience targeting crime overseas with partner states – the need, the roles
and the issues”, May 2014
Planned events
Guest Lecture: Dr Alison Lui - “Was Australia lucky in the financial crisis of 20072009? A comparative analysis between the Australian and UK financial
regulatory structures and responses”, 3 February 2015. Venue TBC.
Staff Seminar: Dr Umut Turksen - “Research Impact and Impact Strategy”
18 February 2015 - 2A027
Research Seminar: Axel Palmer - “Countering economic crime in the UK, US and
Australia - A comparative Critique” March 2015. Venue TBC
Guest Lecture: Professor Indira Carr - “Corruption & Bribery in the 21stCentury”,
April 2015. Venue TBC
Research Seminar: Viri Chauhan -”Illicit Financial Flows and the Culpability of
Banks”, May 2015. Venue TBC
Commonwealth Law Conference: Learning and Teaching workshop
by Dr U Turksen - “What is a legal education for and what do law students care
about? Balance between thinking, willing and feeling in legal education”, Glasgow,
April 2015.
United Nations International Development Office - Vienna Energy Forum:
“Towards Inclusive and Sustainable Industrial Development”, Dr U Turksen, Vienna,
18-20 June 2015.
UWE Commercial Law Research Conference: UWE alumni and academic staff,
Ho Chi Minh City, Vietnam, December 2015.
Funding and funding applications
Dr U Turksen, 2014 - Knowledge Transfer Partnership Grant – Welsh Government KTP with Equas Ltd. Theme: Environmental Law Compliance Framework in the UAE Total grant £153,000.
Dr U Turksen, 2013 – Knowledge Transfer Partnership Grant – Welsh Government KTP with Equas Ltd. Theme: Environmental Law Compliance Framework in the UK Total grant £53,000.
Dr U Turksen and Prof N Ryder, 2013 – UWE – SRDF: The Global Financial Crisis and
White Collar Crime, Total grant £10,000.
Prof Ryder N and Turksen U., 2015 - EU Funding Application for Collaborative
Project with Universidad Complutense Madrid in Spain and Utrecht University in the
Netherlands, Criminal money in offshore banking, 750,000 euros. Decision pending.
Dr Ball R and Chauhan V., 2015 - IP Law Compliance Training Programme for
Businesses, Local Enterprise Partnership Project - Consultancy work commissioned by
Business South West, approximate funding £18,000 (pending)
Blogs
CLRU students created a blog to discuss and highlight commercial law aspects. The site
is as follows: https://commerciallawhub.wordpress.com/
CLRU Facebook page
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Unit reports
Centre for Legal Research / Annual Report 2013/2014
10
Editorial and reviewer roles
Ryder, N, Associate editor Financial Regulation International
Ryder, N, Editorial consultant The Criminal Law News
Ryder, N, Editorial consultant Current Criminal Law
Ryder, N, Editorial consultant Business and Management Research
Ryder, N, Lloyd’s Law Reports Financial Crime (2013-2014)
Ryder, N, Series Editor ‘The Law Relating to Financial Crime’ for Routledge Cavendish
(since 2013)
Ryder, N, Co-Series Editor ‘Risky Groups and Control’ for Palgrave MacMillan
(since 2013)
Ryder, N, Reviewer, Journal of Business Law
Ryder, N, Reviewer, Journal of Law and Society
Ryder, N, Reviewer, Journal of Banking Regulation
Ryder, N, Reviewer, The British Accounting Review
Ryder, N, Reviewer, University of New South Wales Law Journal
Ryder, N, Reviewer, Review of Central and East European Law
Ryder, N, Reviewer, The African Journal of International and Comparative Law
Ryder, N, Reviewer, Edward Elgar Press Ltd
Ryder, N, Reviewer, Routledge Cavendish
Ryder, N, Reviewer, Oxford University Press
Ryder, N, Reviewer , Cambridge University Press
Ryder, N, Reviewer , Ashgate Press
Ryder, N, Reviewer , Pearson Press
Ryder, N, Reviewer, Business and Management Research
Turksen, U, Reviewer – Journal of Commonwealth Law and Legal Education
Turksen, U, Reviewer - Information and Communications Technology Law
Turksen, U, Reviewer – Caribbean Dialogue (SALISES)
Turksen, U, Book Reviewer – Oxford University Press
Turksen, U, Book Reviewer – Cambridge University Press
Turksen, U, Book Reviewer – Routledge
Member of the editorial board for Journal of International Trade Law
Unit partnerships, networks and collaborations
Centre for Global Finance, FBL UWE
Southwest Fraud Forum
Commonwealth Legal Education Association
CYBERLAWS
LSPI
Other achievements
Axel Palmer successfully defended his PhD thesis and will be awarded his doctorate
subject to minor corrections.
Mary Young has secured a place as a visiting fellow at Cambridge University’s
Lauterpacht Centre for International Law.
Prof N Ryder examined a PhD at Bangor University (December, 2014)
Prof N Ryder examined two PhDs at Liverpool University (2013 and 2014)
Prof N Ryder examined a PhD at University of the Western Cape, South Africa, (2014)
Prof N Ryder examined a PhD at Northumbria University (2014)
Prof N Ryder examined a PhD at Leeds University (2014)
Dr U Turksen examined a PhD at the University of Bangor on 04 December 2014.
E Blanco examined a PhD at UWE January 2015
Unit reports
Centre for Legal Research / Annual Report 2013/2014
Environment Law Unit Annual Report
Introduction
The Unit membership consists of academic lawyers whose research covers a wide
variety of specialist environmental law subject areas. Much emphasis during the
year under review was placed on finalising outputs for REF 2014. Six members were
returned, five in the Law UOA (Blanco, Das, Grant, Pontin, Razzaque) and one in the
Built Environment UOA (Appleby). Members represented the Unit and the Law School
at a number of prestigious external events, nationally and internationally. The growing
esteem of the membership is illustrated by two new appointments to the boards of
specialist law journals, one to the Journal of Environmental Law and another to Journal
of Water Law. Overall, members at the end of the academic year were represented
on the boards of Journal of Environmental Law (Razzaque and Pontin), Journal of
Water Law (Appleby) Journal of Human Rights and the Environment (Grant) and
Environmental Law and Management (Pontin). It is telling of UWE’s strength in depth
in this field that it is the only Law School to have two members of the Journal of
Environmental Law – OUP’s world leading specialist law journal.
Grant’s Fracking, Human Rights and the Environment Project
Evadne Grant co-authored a report entitled the A Human Rights Assessment of
Hydraulic Fracking, written over the Summer of 2014 and launched outside of the
review period at the School of Advanced Study, London (in November 2014) https://
www.youtube.com/watch?v=4RGvgnVwm18. The Report was commissioned by the
Bianca Jagger Human Rights Foundation. For an overview, see Mapping Environmental
Justice, at http://www.ejolt.org/2014/12/205-uk-citizens-groups-deliver-letter-cameron-calling-moratorium-fracking/.
Pontin’s Nuisance Law – Scholarship with Impact
Ben Pontin’s book, Nuisance Law and Environmental Protection: A Study of
Injunctions in Practice (2013) was favourably cited in the Supreme Court by Lord
Carnwath (in Coventry v Lawrence), and by Carnwath extra-curially in a speech entitled
‘Judges in the Common Law World’ published at https://www.supremecourt.uk/docs/
speech-131119.pdf. The book was also cited by Counsel in Bodo People v Shell Nigeria
and in Manchester Ship Canal v United Utilities. The book was reviewed at length,
and positively, by Professor Maria Lee in Modern Law Review and Dr Patrick Bishop in
Journal of Environmental Law.
External Funding – Environmental Justice in Palestine
Pontin and two post doc researchers (Vito de Lucia of Tromso Law School and Jesus
Gameros, of Madrid University, obtained a grant of £15,000 from Heinrich Boll
Foundation and Al Haq to research environmental injustice in Occupied Palestinian
Territory. This covered fieldwork in May 2014 and outside of the review period
(November 2014). It is part of an ongoing research project expected to last throughout
much of the forthcoming REF census period.
Lieber Prize Nomination – Onita Das
In March 2014 Onita Das was nominated for the Francis Lieber Prize for her book
Environmental Protection, Security And Armed Conflict: A Sustainable Development
Perspective (2013). Das is rapidly establishing an excellent reputation as an up and
coming environmental law academic, and this accolade promises much for the future.
The book was among the strongest of outputs submitted by members to the Law
REF 2014.
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Unit reports
Centre for Legal Research / Annual Report 2013/2014
Appleby’s Marine Law and Policy Research and Advocacy
Tom is the Unit’s most specialist member, in the sense that he is the world leading
specialist in UK marine ecology law. All his research is focused on this topic, and it is
not confined to writing academic works and submitting reports. He is also engaged in
journalism, appearing in and producing videos in his field. His work has a significant
impact, and he figured as an impact case study in UWE’s Built Environment REF return.
Student Engagement in Bodo v Shell Case
First year student Louise Wayham took the opportunity of shadowing Justine Thornton,
counsel for the claimants in the Bodo v Shell Case at the High Court in April 2014:
“It was amazing. What an incredible and inspirational woman. She was very kind to
me, taking lots of time to explain proceedings as they were going on. I heard Shell’s
lawyer cross-examine Justine’s Nigerian witness, the judge asked a lot of questions
(which helped me keep up), I found out what ‘hot-tubbing’ means, got winked at
by the Nigerian judge’s assistant (who looked no older than 12), and bonded with
Justine during the break over the childcare woes of working mothers with very young
children.”
This builds on a tradition of students helping with cases, dating back to the Unit
managing the Environmental Law Foundation case work.
Events
Session on Renewable Energy and Sustainable Development
(Socio-Legal Studies Association Conference, Aberdeen, April 2014).
12
This seminar examined the challenges of the use of renewable energy. Renewable
energy is attractive, particularly to developing countries, as it allows access to energy
and promotes energy security. On the other hand, inadequately regulated renewable
energy, such as biofules, can produce wide-ranging problems. The session examined
the legal and policy challenges that all countries face with regard to renewable energy
and regulations that govern renewable energy in both developed and developing
countries in a sustainable manner. Organised by Professor Jona Razzaque, FBL.
Unit reports
Centre for Legal Research / Annual Report 2013/2014
Family, Gender and Equality Unit
Annual Report
Events
Rashida Manjoo UN Special Rapporteur for Violence Against Women gave a talk on
her role and work for the UN
Internal talks to the Unit members were given by Dr Lauren Devine, on her
child protection research and Melanie Fraser, on the process of gaining University
ethical approval.
The Women Law Students Forum which is affiliated to the FGEU has hosted several
events this year. Zoe Lodrick gave a talk on her work as a sexual trauma specialist, the
Forum hosted Rashida Manjoo in their lecture, and Sue Mountstevens, Police and
Crime Commissioner, gave her First Anniversary Lecture. Pupils from City Academy
came and gave their lesson on FGM to UWE staff and students and the Forum held
a joint event with the Women Business Students Forum on the effects of austerity
on women.
Funding
The Unit has had a very successful year in bringing in funding for research. Lauren
Devine is P.I. for ESRC ‘genuinely transformative research at the frontiers of social
science’ bid for £202,487 for her work on ‘Rethinking child protection strategy’.
Rachel Fenton is P.I. on a Public Health England funded project (£10k) to develop a
Bystander Intervention Programme for Universities, with a further grant of £25k from
Public Health England being awarded for the evaluation along with match funding
from the Vice Chancellor’s Executive and FBL. Lauren Devine is also co-investigator on
another internally funded project which is a collaboration with the forensic science
dept and Avon and Somerset Police. Rachel Fenton is co-I on a successful British
Academy bid for £10k for a pilot evaluation of Bluestone specialist rape investigation
team at Avon and Somerset Constabulary.
Several members of the Unit were successful in securing SRDF funding. Jessica Elliott
and Jackie Jones (with Evadne Grant?) won a bid to do work on human trafficking and
Rachel Fenton (with Kieran McCartan, Phil Rumney and Jackie Jones) won a bid to do
research into sexual violence education in schools.
Esteem factors
Rachel Fenton was a visiting scholar at Emory University, Atlanta in September 2013.
Rachel Fenton sits on the Bristol Women’s Commission Task Group for Safety and the
Bristol Domestic and Sexual Abuse Strategy Group.
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Unit reports
Centre for Legal Research / Annual Report 2013/2014
International Law and Human Rights Unit
Annual Report
Introduction
Since the International Law and Human Rights Unit decided to expand beyond the
remit of the Department of Law and include staff members from the Faculty of Health
and Applied Sciences, a clear trend in interdisciplinary and cross-disciplinary research
has been set. This is well illustrated by the organisation of a workshop that looked at
conflict resolution from an international law and international affairs perspectives. The
Unit also plans to hold a discussion on human rights, nationality, statelessness and
citizenship that will be led by staff members from law and politics, and a presentation
on the Arms Trade Treaty by a recent LLM graduate.
First and foremost, the aim of the Unit is to support staff in their research by providing them with a platform to share with staff and students their (preliminary) research
results. This year Dr Aida Abzhaparova took the opportunity to present the result of
interviews carried out in Kazakhstan on the topic of the Muslim veil and women’s
identity in Kazakhstan. It also strives to give potential researchers the possibility to
share their work with others. Ms Maryam Abdullah, former UWE student, presented
with her supervisor Dr Aida Abzhaparova the key points of her dissertation on female
genital mutilation.
The Unit also organises events to foster a debate on contemporary issues. In this light
Richard Edwards and Dr Simon Thompson engaged with an audience of over 30
participants in a discussion on how free should free speech be. Prof Michael Schmitt
from the US Naval War College presented the latest developments on the regulation of
cyberwarfare by international humanitarian law.
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The Unit also continues to support various projects and initiatives, such as the Global
Network for the Study of Human Rights and the Environment (GNHRE) whose Deputy
Director, Prof Louis Kotze, came to UWE to hold a Distinguished Professorial Address
and Euro Rights, a blog and twitter account managed by Dr Noëlle Quénivet and
Richard Edwards (University of Exeter).
Events
Distinguished professorial address, Professor Rashida Manjoo,
“State responsibility for violence against women”, 30 October 2013, UWE
This Address, which was organised by Prof Jackie Jones, considered the current
normative framework relating to the protection of women under international law.
Professor Rashida Manjoo
Summary: After briefly outlining the current legal framework relating to the
protection of women under international law Prof Manjoo provided a number of
examples where such framework fails to protect women adequately. Therefore, she
stressed that the principle of due diligence is so far one of the best tools that can be
used to comply States to prevent, prohibit and punish violence against women.
Speaker’s Biography: Prof Rashida Manjoo has served as United Nations Special
Rapporteur on Violence against Women, its Causes and Consequences since 2009 and
is in her second term of office. She is also Professor at the University of Cape Town,
South Africa.
Centre for Legal Research / Annual Report 2013/2014
Panel discussion, “International legal gaps in the protection of women from
violence”, 5 November 2013, London
This panel was convened by Prof Jackie Jones in order to generate a fruitful discussion
on the legal gaps in the protection of women from violence as well as consider the
possibility of drafting a universal convention against violence against women.
Professor Jackie Jones
Summary: The Panel discussed the gaps that currently exist in the international legal
framework to protect women from violence and why it is important to fill these gaps
and how. The session also examined the Council of Europe’s Istanbul Convention
on violence against women. The Panel was chaired by Prof Jackie Jones, SecretaryGeneral of the European Women Lawyer’s Association and Chair of the Wales
Assembly of Women. A summary of the panel is available on the IntLawGrrls blog.
Speakers’ Biographies: Ms Manjoo has served as United Nations Special Rapporteur
on Violence against Women, its Causes and Consequences since 2009 and is in her
second term of office. Ms Marai Larasi is Co-Chair of the EVAW Campaign and the
Executive Director of Imkaan. Ms Renée Römkens is Director of National Institute on
Gender Equality, The Netherlands and
Women’s History and Legal Advisor to the
Council of Europe Istanbul Convention.
Ms Lisa Shannon us a Fellow at the Carr
Centre, Harvard University, US. Ms Helen
Griffiths is a PhD candidate at Cardiff
University, UK and is researching the due
diligence standard and state responsibility
for preventing violence against women.
Guest speaker, Solon Solomon: “Sky-skating International Law: Is there a
stratosphere?”, 13 FEBRUARY 2014, UWE
This talk was organised as part of the UWE Bristol Centre for Legal Research (CLR)
Forum.
Summary: International law is perceived as the means par excellence of bestowing
peace and security in the international community. According to this perception, all
that is needed is for international law to be respected, for rights to be exercised and
for duties to be imposed. Yet, maybe it is not so simple. Maybe international law is not
just the application of some legal rules to the circumstances, but also the application
of the circumstances upon international law. Tracing examples from the right to
self-determination and the use of force to cases of post-conflict arrangements, the
seminar will sketch how states feel inherently constrained to adjust their actions
and the legal possibilities conferred by international law to the exigencies of the
international landscape. Consequently, the practical impact of international law’s
inherent limits will be discussed as far as global stability and international
constitutionalism are concerned.
Speaker’s Biography: Solon Solomon is a PhD Candidate at the Dickson Poon
School of Law, King’s College London, UK. He has extensively published in the field of
international law and his latest edited book focuses on the judicial interpretation of
international humanitarian law.
15
Unit reports
Centre for Legal Research / Annual Report 2013/2014
Debate, Richard Edwards and Simon Thompson: “Free speech versus hate
speech”, 19 February 2014, UWE
The Unit organised a well-attended debate on how free ‘free speech’ should be.
Summary: Considering two opposing views, the aim
of this exercise carried out by Dr Simon Thompson and
Richard Edwards was to assess the merits of arguments
put forward in favour and against the regulation of free
speech in a democratic society. At the very heart of the
issue are the consequences of the speech. Espousing a
philosophical approach, Dr Simon Thompson started the
debate by making the case for hate speech regulation.
In contrast, Richard Edwards, drawing upon examples in
the US and comparing the UK and US approach to free
speech, argued that individuals should be allowed to
express their views short of inciting violence.
Distinguished professorial address, Professor Michael Schmitt, “The Law of
Cyber Conflict: Quo Vadis”, 28 February 2014, UWE
This Address considered the state of the international law norms governing cyber
warfare. The Address was preceded by a workshop on contemporary issues in
international humanitarian law attended by Prof Susan Breau (University of Reading),
Dr Christine Byron (Cardiff University), Dr Onita Das, Dr Noëlle Quénivet, Dr Aurel Sari
(University of Exeter), Prof Michael Schmitt (Naval War College) and Dr David Turns
(Cranfield University).
16
Summary: As cyber warfare capabilities develop and societies become increasingly
wired, the question is whether the contemporary jus ad bellum and jus in bello norms
are fit for purposes. Are such norms likely to survive intact? If not, how might they
evolve? The Tallinn Manual is a reaction of the legal community to the cyber-attacks
in Estonia in 2007 and Georgia in 2008 as it aims to explain how and which norms of
international law are applicable in cyber warfare.
Speaker’s Biography: Michael Schmitt is the Charles H. Stockton Professor and
Chairman of the International Law Department at the United States Naval War College.
He is also Professor of Public International Law at the University of Exeter and Senior
Fellow at the NATO Cooperative Cyber Defence Centre of Excellence. Prof Schmitt
directed the international experts process that led to production of the Tallinn Manual
on the International Law Applicable to Cyber Warfare.
Talk, Kelly Staples: “The “NEW” Politics of Expulsion: A Constitutive Approach”,
12 March 2014, UWE
This talk was organised by the Politics and International Relations Programme (HAS)
at UWE and supported by the Unit.
Summary: In this talk, Dr Staples explored the relationship between inter-state
cooperation and individual rights, challenging the common-sense assumption that the
former tends to enhance the latter. She tested out the counter-claim that cooperation
between states, and the entrenchment of international norms, are frequently at
the expense of individual rights. She analysed the institutionalisation of European
cooperation on the return and readmission of migrants in order to explore the
relationship between rights, sovereignty, and international relations.
Speaker’s Biography: Dr Kelly Staples, Department of Politics and International
Relations, University of Leicester.
Unit reports
Centre for Legal Research / Annual Report 2013/2014
Consultancy and submissions to official bodies
As a member of the GNHRE Evadné Grant contributed
to the 2014 report commissioned by the Bianca Jagger
Human Rights Foundation on the implications of fracking
for human rights. Anna Grear, external member of the
Unit, was also one of the authors of the report. On 30
October 2014 the report was launched at the School of
Advanced Studies in London and on 26 November 2014
delivered to 10 Downing Street.
Submission of Euro Rights to the Extradition Law Committee of the House of Lords,
15 October 2014 (Dr Noëlle Quénivet and Richard Edwards).
Ms Rashida Manjoo, United Nations Special
Rapporteur on Violence against Women, its Causes
and Consequences, has on numerous occasions
stressed that the current normative framework
relating to the protection of women is deficient and
called for a separate treaty against violence against
women. It is in this light that an expert meeting
was convened in London on 23 September 2014 to
discuss the drafting of an international convention against violence against women.
Prof Jackie Jones and Dr Noëlle Quénivet participated in the workshop. This workshop
is part of Prof Jones’ work to improve the protection offered by legal national and
international instruments to women. A summary of the results of the meeting as well
as the draft convention will be appended to the UN Special Rapporteur’s next report.
Submission of Euro Rights to the Council of Europe - Information, Proposals and Views
on the Longer-Term Future of the System of the ECHR and the ECtHR, 27 January 2014
(Dr Noëlle Quénivet and Richard Edwards). Cited in Steering Committee for Human
Rights, Committee of Experts on the Reform of the Court, Thematic Overview of the
Results of the ‘Open Call for Contributions’, GT-GDR-F(2014)003, 12 March 2014.
Funding and funding applications
Dr Noëlle Quénivet and Dr Aurel Sari (University of Exeter) have been awarded a small
grant from the British Academy for the project Clearing the Fog of Law: Impact of
International Human Rights Law on the British Armed Forces which aims to develop a
better understanding of the challenges posed by international human rights law and its
real and perceived impact on military operations. A workshop gathering experts drawn
from academia, legal practice, the armed forces and government will be held on 6
February 2015 at UWE.
Guest lectures and training held by unit members
Phil Cole, ‘Freedom of Movement and State Sovereignty’. Guest Lecture at the
International Seminar on Freedom of Movement: Towards a Critical and Prospective
Approach to Migration policies, December 2014, Brussels, Belgium.
Dr Noëlle Quénivet has been involved in the Core Course in Humanitarian Law and
Policies and the Thematic Workshop on Protection of Children and Protection of
Women in Armed Conflict run by Professionals in Humanitarian Assistance and
Protection in Senegal (April-May 2014). About 15 humanitarian workers from a variety
of international organisations and NGOs attended the course. Dr Quénivet also assisted
PHAP in drawing the programme, gathering materials for the participants and finding
speakers, including Dr Christine Byron from Cardiff University, UK and Dr Daniela Nadj
from Queen Mary University of London, UK.
17
Unit reports
Centre for Legal Research / Annual Report 2013/2014
Evadné Grant is Co-Editor of the Journal of Human Rights and the Environment that
was founded by Anna Grear, former Head of the International Law and Human Rights
Unit and now External Member of the Unit as a Reader in Law at Cardiff University, UK.
Unit partnerships, networks and collaborations
Global Network for the Study of Human Rights and the Environment
The Global Network for the Study of Human Rights and the Environment (GNHRE)
was recently described by Prof Louis Kotzé (North-West University, South Africa)
(GNHRE Deputy Director) as ‘the largest network of human rights and environmental
law scholars in the world’. The network, established in 2010 by its current Director,
Anna Grear (Cardiff University, UK, and an external member of the Unit) brings
together some of the most senior and exciting thinkers in the field to work on
re-imagining the relationship between human beings and the environment.
The GNHRE hosts the largest online research repository in the world dedicated to
human rights and the environment. The GNHRE facilitates a range of high quality
events and publications (including the GNHRE Symposium 2014 held in Taragona,
Spain). The project is directly linked to the Journal of Human Rights and the
Environment. The GNHRE also works in collaboration with other institutions and bodies
and has recently submitted re report commissioned by the Bianca Jagger Human Rights
Foundation on the implications of fracking for human rights.
At UWE, the GNHRE core team is represented by Evadné Grant (also an Assistant Editor
of the Journal of Human Rights and the Environment); Dr Onita Das (GNHRE Research
Officer); Tim Blackman (GNHRE Technical Manager) and Dr Svetlana Cicmil (GNHRE
Core Team member).
18
Euro Rights
The Euro Rights Blog started as a Twitter account (@eurorights with over 9,000
followers) combined with a blog dealing with human rights issues in the European
context. The twitter account which is maintained by Richard Edwards (University
of Exeter) and Dr Noëlle Quénivet (UWE) provides up-to-date information on the
protection of human rights whilst the blog analyses case-law of the European Court
of Human Rights and UK courts or comments on events that impact on human rights
in Europe. The Euro Rights Blog also takes the opportunity, whenever suitable, to
submit its proposals and comments to relevant institutions (e.g. Council of Europe,
House of Commons).
The Society of Legal Scholars is funding £2,500 towards running a project on
preventing the misreporting of human rights issues in Europe by the British press.
A workshop, organised by inter alia Dr Noëlle Quénivet, was held at the Representation
of the European Commission in the UK on 3 December 2014. It gathered barristers,
solicitors, academics, bloggers, etc. Amongst the participants were Prof Jackie Jones,
Cliff Gow (former LLB student at UWE who is working as a Research Assistant for
Euro Rights) and Sobia Khushnood (former LLM sudent at UWE). Euro Rights is in the
process of creating an online human rights law database which will provide a publicly
accessible source of information that will at least in part counter the misrepresentation
of human rights law in the United Kingdom. Topics include the difference between
social assistance and social security, family reunion rules, deportation/extradition,
judicial review and prisoners’ voting. Euro Rights is also currently assessing the
feasibility of the proposals formulated by the working groups of the 3 December
2014 seminar.
Visiting fellowship
Phil Cole is Visiting Professor in Applied Philosophy, Social Ethics Research Group,
University of South Wales, UK since July 2011.
Unit reports
Centre for Legal Research / Annual Report 2013/2014
List of unit members’ networks and collaboration
Internal to UWE
Childhood Studies Research Group (Dr Noëlle Quénivet): The purpose of the network
is to create an inter-disciplinary network of academics researching on the subject of
childhood.
Sexual Violence Research Network (Dr Jessica Elliott, Prof Jackie Jones, Dr Noëlle
Quénivet): The network provides an educational resource for professionals, charities,
support groups, scholars and students with an interest in the criminal justice process,
and specifically, the victims and perpetrators of sexual violence.
External to UWE
Global Network for the Study of Human Rights and the Environment (Evadné Grant, Dr
Onita Das, Anna Grear): see above.
Research Network on Sexual Violence in Armed Conflict (Dr Noëlle Quénivet): The
purpose of the network is to provide academics working in the field of sexual violence
in armed conflict with opportunities to teach (e.g. training courses for humanitarian
workers in Senegal), present (at e.g. Military Law Society or the American Society of
International Law) or publish (in e.g. edited book on girl child soldiers) their work.
Toxic Remnants of War Project, Informal Legal Working Group, Manchester, UK (Dr
Onita Das)
Blogs
P Cole, ‘Drowning Migrants Is not the Answer’; E-International Relations,
29 October 2014.
N Quénivet, ‘UK’s Dirty Laundry Still Spinning at Strasbourg’; Euro Rights Blog,
2 October 2014.
N Quénivet, ‘Victim’s Bill: A British or a European Initiative’; Euro Rights Blog,
15 September 2014.
N Quénivet, ‘Germany’s Plans to Deport EU Migrants’; Euro Rights Blog,
3 September 2014.
N Quénivet, ‘Trying to Classify the Conflict in Eastern Ukraine’; IntLawGrrls,
28 August 2014.
N Quénivet, ‘Between a Rock and a Hard Place: The Parliamentary Assembly of the
Council of Europe and Russia’; Euro Rights Blog, 11 April 2014 (cited as further reading
in House of Commons Library, Standard Note on Russia and the Council of Europe,
SN/IA/6953, 4 August 2014)
P Cole, ‘How to Create British Values’; E-International Relations, 18 June 2014.
N Quénivet, ‘Nigel Farage’s Proposal to Accept ‘only’ Syrian Christian Refugees in
the UK’; Euro Rights Blog, 3 January 2014.
N Quénivet, ‘Perincek v Switzerland and the Armenian “Genocide”’; Euro Rights Blog,
29 December 2013.
N Quénivet, ‘The Universal Declaration of Human Rights, the Foundation of all our
Human Rights’; Euro Rights Blog, 11 December 2013.
N Quénivet, ‘Human Rights on the Battlefield’; Euro Rights Blog, 1 November 2013.
P Cole, ‘Lampedusa and the “Crisis” of Migration’; E-International Relations,
22 October 2013.
P Cole, ‘The Human Rights to Health’; E-International Relations, 15 October 2013.
N Quénivet, ‘Diplomatic Protection and the Right of Third-Party to Intervene in Cases
before the European Court of Human Rights’; Euro Rights Blog, 10 September 2013.
19
Centre for Legal Research / Annual Report 2013/2014
Centre for Legal Research Publications
Books
Chambers-Jones, C. & Hillman, H. (2014) Financial Crime and Gambling in a virtual world, a new
frontier in cybercrime. Edward Elgar.
Elliott, J. ‘The Role of Consent in Human Trafficking’ - publication expected October 2014
Ball, R. The Legitimacy of The European Union through Legal Rationality: Free Movement of Third
Country Nationals (Routledge 2013) 376 pages
Ryder, N. Fighting Financial Crime in the Global Economic Crisis: Policy, Trends and Sanctions
(Routledge, 2014, 236 pp), with Turksen, U. and Hassler, S.
Ryder, N. The Financial Crisis and White Collar Crime: The Perfect Storm? (Edward Elgar, 2014,
323 pp).
Ryder, N. The Financial War on Terror: A review of counter-terrorist financing strategies since 2001
(Routledge Cavendish, submitted November 2014)
Thompson, S. and Burns, T. (eds), Global Justice and the Politics of Recognition (Palgrave 2013)
232 pages
Turksen U., Hassler S. & Ryder N., Fighting Financial Crime in the Global Economic Crisis: Policy,
Trends and Sanctions, (Routledge, November, 2014)
Chapters in books
Cole, P. ‘Beyond Reason: the Philosophy and Politics of Immigration’, (2014) 17(5) Critical Review of
Social and Political Philosophy 503-520 (Special Issue: “New Challenges in Immigration Theory: an
Overview”, edited by CEG Akakpo and PT Lenard).
20
Das O. and Grant, E. ‘Land Grabbing, Food Security and the Environment: Human Rights Challenges’
in L Westra and M Vilela (eds), The Earth Charter, Ecological Integrity and Social Movements (Earthscan, 2014) 103-116.
Fenton R. ’Vulnerability and Assisted Reproduction’
Grant, E ‘Customary Law and Human Rights’ in S Sheeran and N Rodley (eds), Routledge Handbook of
International Human Rights Law (Routledge 2013) 303-321.
Hillman, H, ‘Are the current laws and potential enforcement measures effective in achieving the
accountability of bank directors for their actions, or the actions of the banks they manage? A comparison of UK and US approaches’, in N.Ryder, , U. Turksen, and S.Hassler, ,(eds.) (2014) FIGHTING
FINANCIAL CRIME IN THE GLOBAL ECONOMIC CRISIS: POLICY, TRENDS AND SANCTIONS. ( Routledge,2014).
Quénivet, N ‘Applicability Test of Additional Protocol II and Common Article 3 for Crimes in Internal
Armed Conflict’ in D Jinks, J Maogoto and S Solomon (eds), Application of International Humanitarian
Law in Judicial and Quasi-judicial Bodies (TMC Asser Press, 2014) 31-60.
Quénivet, N. ‘The “New Wars” of Children or on Children?: International Humanitarian Law and the
“Underaged Combatant”’ in R Barnidge (ed), The Liberal Way of War: Legal Perspectives (Ashgate,
2013) 139-165.
Quénivet, N. ‘The Security Council as Global Executive but not Global Legislator: The Case of Child
Soldiers’ in V Popovski and T Fraser (eds), The Security Council as Global Legislator (Routledge, 2014)
160-180.
Quénivet, N. ‘Transitional and Generational Justice: Children Involved in Armed Conflict’ in N
Szablewska and S-D Bachmann (eds), Current Issues in Transitional Justice (Springer Verlag, 2014)
55-81.
Ryder, N. The Legal Mechanisms to control Bribery and Corruption. In: Ryder, B. (eds) Research
Handbook on International Financial Crimes, Edward Elgar: Cheltenham, forthcoming, 2015.
Thompson, S. ‘Honneth, Axel, in JD Wright (ed) International Encyclopedia of the Social and
Behavioral Sciences (2nd edn, Elsevier 2014).
Centre for Legal Research / Annual Report 2013/2014
Turksen U. ‘Implications of Anti-money Laundering Law for Accountancy in the European Union – A
comparative study’ in Turksen U., et al (Eds) Fighting Financial Crime in the Global Economic Crisis:
Policy, Trends and Sanctions, (Routledge, November, 2014)
Young, M. ‘Child Trafficking and Money Laundering: Common Bedfellows’, in E. Azinge and I.
Ifeakandu (eds.), Enforcement of Child Rights Law in Nigeria. (Nigerian Institute of Advanced Legal
Studies, Abuja, 2014) Chapter 9.
Das, O. and Grant, E. ‘Land grabbing: New challenges for food security and the environment’ nL.Westraand M. Vilela( eds.) The Earth Charter, Ecological Integrity and Social Movements. (2014,UK.
Das, O. Environmental protection in armed conflict: filling the gaps with sustainable development’inR.
Rayfuse,( ed.) War and the Environment: New Approaches to Protecting the Environment in Relation
to Armed Conflict. (UK: Brill, 2014) pp. 129-155.
Journal articles
‘Predatory lending and white collar crime: a critical reflection’ (2014) International Company and
Commercial Law Review, 25(9), 287-293, with Broomfield, K.
Appleby, T. Maximum sustainable yield: from science to practice via the law. In: Communicating
Science for Sustainable Practice, University of the West of England, Bristol, 27 to 28 November 2013.
Appleby, T. Steadman, D and Hawkins, J. (2014) Minimising unsustainable yield: Ten failing European
fisheries. Marine Policy, 48. pp. 192-201. ISSN 0308-597X
Appleby, T., Everard, M., Palmer, R. and Simpson, S. (2013) Plenty More Fish in the Sea? A working
paper on the legal issues related to fishing beyond maximum sustainable yield: A UK case study.
Working Paper. University of the West of England.
Chauhan V, Why corruption is not legally defined?, 2014 Financial Regulation International,
Issue 17:1.
Das, O. and Grant, E. Land grabbing: New challenges for food security and the environment. In:
Westra, L. and Vilela, M., eds. (2014) The Earth Charter, Ecological Integrity and Social Movements.
1st. UK:
Das, O. Environmental protection in armed conflict: filling the gaps with sustainable development. In:
Rayfuse, R., ed. (2014) War and the Environment: New Approaches to Protecting the Environment in
Relation to Armed Conflict. 1st. UK: Brill, pp. 129-155. ISBN 9789004270640
Grant, E. ‘Customary law and human rights’in S.Sheeran and N. Rodley( eds.) Routledge Handbook
on International Human Rights Law. (Routledge, 2013)
Hillman H. ‘The carrot or the stick: finding a balance in the regulatory conundrum’ (2013) Financial
Regulation International, May, 3-12.
Hillman, H. ‘A Drop in the Ocean: Why Record Breaking Fines are Ineffective’(2013) 6(4) Int J of Liability and Scientific Enquiry 222
Hillman, H. ‘Showing they care, but about what? Does Corporate Social Responsibility Show Companies have a Nice Side or that they are Merely Adapting to Suit their Environment?’ (2013) 6(1/2/3) Int J
of Liability and Scientific Enquiry 155
Hillman, H. Hooper C. and Choo, R. ‘Online child exploitation: Challenges and future research
directions’ Computer Law & Security Review (full citation will follow when available)
Elliott J. ‘Victims or Criminals? The Example of Human Trafficking’ The Illegal Business of Human
Trafficking - Maria João Guia [ed]. - Springer, forthcoming November (2014)
Palmer, A. ‘The Economic Crime Agency’ (2011) Financial Regulation International, April, 1-3, with
Ryder, N.
Palmer, A. ‘The Financial Services Authority and the Bribery Act’ (2011/2012) Financial Regulation
International, December/January, 13-16, with Ryder, N.
Pontin, B, ‘Coventry v Lawrence in the Supreme Court: Revisiting the Question of Prevention or
Payment’ (2014) Environmental Law and Management 209
Pontin, B. (2013) Nuisance law and environmental protection : A study of nuisance injunctions in
practice. UK: Lawtext Publishing Ltd. ISBN 978-0-09539403-5-6
21
Centre for Legal Research / Annual Report 2013/2014
Pontin, B. ‘Private Nuisance Law in the balance’, submitted for publication in Journal of Environmental
Law. [submitted in August 2014, subsequently accepted]
Pontin, B. Book review: The River Pollution Dilemma in Victorian Britain. (2014) Journal of Legal
History, 35 (3). pp. 321-325. ISSN 0144-0365
Pontin, B. Environmental law making public opinion in Victorian Britain: The cross-currents of
Bentham’s and Coleridge’s ideas’ (2014) Oxford Journal of Legal Studies, 34 (4). pp. 759-790.
ISSN 0143-6503
Pontin, B. Nuisance law, regulation and the invention of clean technology. Submitted for publication
in Brownsword et al eds. (2015) Oxford Handbook on Law and the Regulation of Technology. Oxford:
Oxford University Press [submitted in July, subsequently accepted]
Pontin, B., de Lucia, V. and Gameros, J. and Al Haq, Heinrich Boll Foundation, Environmental injustice
in occupied Palestinian territory. [Submitted for Jointly Al Haq and Heinrich Boll Foundation, Ramallah
Palestine]
Razzaque, J. (2013) Corporate responsibility in tackling environmental harm: Lost in the regulatory
maze? Australiasian Journal of Natural Resources Law and Policy, 16 (2). pp. 197-231. ISSN 13205323
Razzaque, J. and Kleingeld, E. (2014) Integrated water resource management, public participation
and the ‘Rainbow Nation’. African Journal of Legal Studies, 6 (2-3). pp. 213-247. ISSN 2210-9730
Ryder, N. ‘FHR European Ventures LLP v Cedar Capital Partners LLC’ (2014) Lloyds Law Report,
Financial Crime, part 9, 628.
Ryder, N. ‘The global financial crisis and mortgage fraud – the untold story’ (2014) Financial
Regulation International, July/August, 14-16.
Ryder, N. ‘The good, the bad and the ugly’ (2014) Criminal Lawyer, 221, 5-6.
22
Ryder, N. ‘United States of America ex Rel Harry Barko v Halliburton Company Et al, and Rawlinson
and Hunter Trustees Sa and Others v Akers and Another’ (2014) Lloyds Law Report, International
Section, 457-459.
Ryder, N. Company and commercial Law Review, 25(9), 287-293, with Broomfield, K.
Thompson, S ‘On Claims of Culture and Duties of Recognition in Democratic States’ [2013] Critical
Review of International Social and Political Philosophy
Thompson, S ‘Where’s the Harm in Hate Speech?’, (2014) 13(1) Contemporary Political Theory
100-110.
Turksen U and Holder R., Fairness and equality tend to be in the eye of the beholder, especially when
commercial interests are at stake’: contemporary problems with the GATS and Internet Gambling,
Journal of World Trade, (2015) 49(3), (forthcoming June 2015)
Turksen U., ‘Euro-vision of Energy Trade with Russia: Current problems and future prospects for EU
solidarity in energy trade’, Oil, Gas and Energy Law, Vol. 12, Issue 4, (October 2014)
Young, M. 2014 Dirty Money in Jamaica, Journal of Money Laundering Control, 17:3
http://www.emeraldinsight.com/journals.htm?articleid=17113450&show=html
Conference and seminar papers
Appleby T, Solandt, J.-L., Luk, S., Gregson, S., Moore, M (2014) A new approach to delivering fisheries
management in English European marine sites. In: International Marine Conservation Congress 2014,
University of Glasgow, 14 - 18 August 2014.
Appleby, T. and Croce, B. (2014) Time and Tide. [Video]
Appleby, T. and Croce, B. (2014) Time and Tide. In: International Marine Conservation Congress 2014,
University of Glasgow, 14 - 18 August 2014.
Appleby, T. and ECEHH (2014) Oceans and Health Conference. [Video]
Appleby, T., Everard, M. and Simpson, S. (2014) Law and science in conflict: The resurrection of
maximum sustainable yield. In: Marine and Coastal Policy Forum 2014, University of Plymouth,
18 - 20 June 2014.
Centre for Legal Research / Annual Report 2013/2014
Appleby, T., Everard, M. and Simpson, S. (2014) Maximum sustainable yield? Fish, fishers and people.
In: Oceans and Human Health Conference, Bedruthan, 20 - 21 March 2014.
Blanco E., ‘Addressing Bribery and Corruption in Natural Resources Trade’ Workshop on International
Law, Natural Resources and Sustainable Development, University of Warwick 12-13 September 2013
Blanco, E, ‘Reconfiguring the Relationship between Peoples, Communities and Eco-systems,
Corporations and States in the Context of Energy Production – In Search of the Energy Production
Philosophers’ Stone, IUCN Conference, Tarragona 30 June-5 July 2014
Cole, P. ‘Beyond Reason: The Philosophy and Politics of Immigration’, Conference paper presented
at Institute for Research into Superdiversity, Social Ethics Research Group, March 2014, University of
South Wales, UK.
Cole, P. ‘Beyond Reason: The Philosophy and Politics of Immigration’, Institute for Research into
Superdiversity, 14 January 2014, University of Birmingham, UK.
Cole, P. ‘The Philosophy and Politics of Membership’, Conference paper presented at ‘Statelessness
and Transcontinental Migration’, United Nations University – Institute on Globalization, Culture and
Mobility, 24-25 July 2014, Barcelona, Spain.
Dadomo, C. ‘Remembering Who we Really Are. A Buddhist-based Approach to Human Beings in
the Nexus between Human Rights and the Environment’, Conference paper presented at GNHRE
Symposium 2014, ‘Reimagining “Humanity” in the Nexus between Human Rights and the
Environment’ at the IUCN Academy Colloquium, June-July 2014, Tarragona, Spain (pre-colloquium
event).
Das, O. ‘Sustainable Development and Environmental Protection in Armed Conflict’, Paper presented
at the Toxic Remnants of War (TRW) Network Launch, 2013, Manchester, UK.
Das, O. and Kellay, A. ‘Private Security Military Contracts, Toxic Remnants of War and Environmental
Protection Post-Conflict’, Conference paper presented at ‘Peacebuilding and Environmental Damage
in Contemporary Jus Post Bellum: Clarifying Norms, Principles and Practices’, 11-12 June 2014, Peace
Palace, The Hague, the Netherlands.
Elliott, J. presented ‘Identifying Victims of Human Trafficking: Bringing Down the Barriers’ at a UWE
workshop on evidence based policing, held by Kieran McCartan and James Hoggett in 2014 and at a
Human Trafficking Conference in Onati, Spain, at the Onati Institute for the Sociology of Law, in June
2014.
Fenton, R. presented ‘Vulnerability and Assisted Reproduction’ at Law and Society Annual Conference,
Minneapolis, May 2014
Grant,E. ‘International Human Rights Courts and the Environment’, Conference paper presented at
GNHRE Symposium 2014, ‘Reimagining “Humanity” in the Nexus between Human Rights and the
Environment’ at the IUCN Academy Colloquium, June-July 2014, Tarragona, Spain (pre-colloquium
event).
Quénivet, N. ‘The Current International Movement on the Prohibition of Child Soldiers’, Seminar
paper presented as part of the Seminar Series organised by the Childhood Studies Research Group,
11 June 2014, UWE, UK.
Razzaque, J. (2014) Environmental governance in Asia’, Conference paper, Research Institute for
Environmental Law, (Wuhan University, China, May 2014)
Ryder, N. (2014) Cyber-crime, security and financial crime - what SMEs need to know and how to
protect yourself in Partners in Procurement - Supplying the Public Sector, University of the West of
England, Bristol, UK, 16 July 2014.
Several staff members from the Unit, Dr Jessica Elliott, Evadné Grant and Prof Jackie Jones, as well as
Ms Anna Petkovich, a PhD candidate, attended a human trafficking expert workshop took place over
a two-day period from 26-27 June 2014 at the Oñati In ternational Institute for the Sociology of Law,
Spain. Experts from across the globe attended to provide insights into different aspects of human
trafficking and how it related to the European Union experience. Contributions from Canada (capacity
building), California (supply chain), Argentina (policies in action), Spain (forced labour), the Balkans
(trafficker interviews), the UK (identification of victims; criminalisation of victims) all brought fresh
views from the front line as well as research results that fed into a panel with contributions from the
23
Centre for Legal Research / Annual Report 2013/2014
European Commission Anti-Trafficking Office, the EU Fundamental Rights Agency and Council
of Europe Group of Experts on Trafficking in Human Beings (GRETA). The entire second day was
devoted to discussions between participants, divided into two groups to look at the challenges and
opportunities for the future. The groups were successful in putting forward recommendations to the
EU on two themes: victim protection and possible changes to the EU Anti-Trafficking Directive.
SLSA Banking and finance stream Organised by Dr Clare Chambers-Jones and Dr Mary Young
Thompson, S. ‘Epistemic Injustice and Misrecognition’, Conference Paper presented at Understanding
Epistemic Injustice, June 2014, University of Bristol, UK.
Thompson, S. ‘J S Mill on Collective Harm’, Conference Paper presented at MANCEPT Workshops in
Political Theory, September 2013, Manchester, UK.
Thompson, S. ‘Noncitizenship and Misrecognition’, Invited paper for symposium on The Right to
Citizenship, May 2014, University of Exeter, UK.
Thompson, S. ‘Restricting Ourselves and Respecting Others’, Conference Paper presented at
Association for Legal and Social Philosophy Annual Conference, July 2014, University of Leeds, UK.
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Centre for Legal Research / Annual Report 2013/2014
Centre for Legal Research members
Core members
Student members
Aida Abzhaparova (HAS – HSS)
Ben Pontin
Cathy Biggs
Christian Dadomo
Christina Gorzkiewicz
Clare Chambers-Jones
Dagmar Steffens
Eleanor Harries
Elena Blanco
Evadne Grant
Jackie Jones
Jane Waddell
Jessica Elliott
Jona Razzaque
Karen Moore
Kathy Brown
Lachmi Singh
Maylene Jalleh
Nicholas Ryder
Noëlle Quénivet
Onita Das
Phil Cole (HAS – HSS)
Rachel Thomas
Rick Ball
Robert Owen
Sabine Hassler
Shilan Shah-Davis
Simon Thompson (HAS – HSS)
Stephen Thacker
Tim Angell
Tom Appleby
Umut Turksen
Zainab Khan
Emma Whewell
Sue Heenan
Phil Rumney
Mary Young
Georgina Dance
Tom Smith
Ed Johnston
Adam Reuben (FBL – Law)
Amy Man (FBL – Law)
Axel Palmer
Henry Hillman
Tanzum Prem (FBL – Law)
Viri Chauhan
External members
Adam Finch
(Bevan Brittan Solicitors)
Anna Grear
(Cardiff University, UK)
Anthony Couch
(Exeter City Council)
Frank Waghorn
(Chairman of the South West Fraud
Forum)
Helen Gregory
(RSM Bentley Jennison)
Hugh Gregory
(Partner Grant Thornton LLP)
Julian Russell
(Equas Ltd)
Paul Reynolds
(Lloyds TSB)
Richard Edwards
(University of Exeter, UK)
Terry Greenhow
(RSM Bentley Jennison)
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Centre for Legal Research / Annual Report 2013/2014
Post-Graduate Research case studies
Sobia Khushnood, LLM in International Law
The issue of injustice has troubled me from a very young age. Growing up and seeing
our country being led into, some may say ‘illegal’ wars, piqued my interest in the issue
further, especially seeing the devastating effects of the wars on the civilian population.
The notion that civilians were ‘collateral damage’ has never sat well with me, which
made me to want to research it further, leading me to choosing my dissertation topic.
I chose to research the effects of ‘belligerent occupation’ on a civilian population in
two well-known cases (the Palestinian Occupied Territories and the occupation of
Iraq by the UK/US), with particular regard to the right to a fair trial and the right to
education. I examine whether these rights were respected, protected and fulfilled and,
if they were not being fulfilled, what accountability mechanisms were in place and
how effective they were. Through my research, I found that there are accountability
mechanisms, but the effectiveness of such mechanisms was questionable. Sadly, there
was very little redress for any violations.
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Providing a thorough analysis of these issues in 15,000 words was no doubt a
challenge for me. I found it was very difficult to explore and examine all accountability
mechanisms available within the constraints placed upon the dissertation criteria
and thus had to focus on some of them. Likewise I feel (and this was noted in the
excellent feedback I received) that the word constraints impacted on the depth of my
analysis. So many ideas and so few words to develop my arguments! When I started
the dissertation I was worried there might not be enough material to work on. I could
not have been more wrong! What initially seemed to be an unreachable word limit
quickly turned into a formidable constraint and, at times, I wished I had the leisure to
write a PhD.
An important feature of writing the dissertation is the supervision process. It plays an
imperative role in assisting students in finding a suitable topic, guiding students to
keep focussed on the research question and suggesting any helpful research materials
pertinent to the question. I found it invaluable as my supervisor, Noelle Quenivet, was
very helpful and felt she greatly enhanced my research and the presentation of my
results.
Rachael Blunden, LLM in International Law
Over the last year I have been researching the phenomenon ‘wombs for rent’ i.e.
commercial surrogacy for my dissertation as part of the LLM in International Law. This
dissertation involved a critical evaluation of UK couples pursuing commercial surrogacy
in India, focussing on the human rights of the Indian surrogate mothers. Whilst
undertaking my research I found that it is the restrictive nature of UK legislation (based
on archaic public policy) prohibiting commercial surrogacy which results in difficulties
for infertile couples within the UK to find potential surrogates without outsourcing.
As a result many couples are choosing to travel to India, where the government has
created a reproductive tourism industry for economic reasons, to pursue their dreams
of parenthood by utilising exploitive Assisted Reproductive Technology Clinics and
Indian surrogate mothers. Commercial surrogacy is a controversial subject involving
competing interests and my research identifies an ethical divide between a woman’s
reproductive rights and the exploitation and commodification of women and
children. It is suggested that commercial surrogacy commodifies women and children
into objects to sell because of a contract involving payment. This view however fails
to consider women who choose to become surrogates by exercising their right to
Centre for Legal Research / Annual Report 2013/2014
reproductive autonomy and offering their services when entering this type of
employment. The euro-centric portrayals of ‘baby-selling’ does not incorporate the
reality of a developing- country setting such as India, consequently it is argued that
commercial surrogacy in India should be classed as a new form of labour to reduce
the stigmatisation surrounding it and to provide protection for the surrogates. There
is no single solution which can be put in place to rectify the failure of the existing
legislation to protect these women and balance the competing interests; although
research suggests an international convention may be one resolution in addition to
States taking responsibility for the consequences of their domestic policies.
The LLM course has helped me progress in numerous ways with the research of my
dissertation, fundamentally by teaching and enhancing effective research skills and
providing insight into various issues. In particular, the Research Methods module
identified the value the socio-legal approach to researching would provide to fulfil
the objectives of my dissertation. In addition, other modules, including International
Law and Human Rights and Women and Children: Perspectives on Violence and
Exploitation provided insights to various human rights issues and contexts which
formed the basis for my research. There is a steep learning curve between the LLB and
the LLM; as a result my knowledge and research skills have developed exponentially
since starting the LLM course. All the teaching staff are extremely helpful and
supportive, but in particular, my dissertation supervisor, Shilan Shah-Davis, has been
amazing. Throughout the course she has been patient, understanding and there
whenever I needed her; without her support and encouragement my research would
not have progressed to the level it has and for this I am extremely grateful.
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Centre for Legal Research
Director: Professor Phil Rumney
University of the West of England
Frenchay Campus
Coldharbour Lane
Frenchay
Bristol BS16 1QY
Telephone 0117 32 82899
Facsimile 0117 32 82268
www.uwe.ac.uk