Impact and Engagement
We have a long-standing commitment to examining law in its political, social and economic context.
The breadth of our research is reflected in the diversity of those who make use of it, ranging from supranational institutions, courts, tribunals and governments to financial institutions, law reform agencies, legal practitioners, law teachers, trade unions, cultural organisations, civil society, and even writers of fiction.
Our research has influenced debates and policies in a number of ways, including direct impacts on policy, engaging with policy-makers and professional organisations, and informing public debate.
Closing the Justice Gap in Rape Cases
An ambitious programme for criminal justice policy and practice reform.
Areas of impact
Click on each area below to see information on impact work by staff at Warwick Law School.
Principles of European Contract Law
Hugh Beale was a leading member of groups responsible for producing The Principles of European Contract LawLink opens in a new window, Parts I and II (2000) and the Draft Common Frame of Reference (2009). Both have had an impact on case-law in this jurisdiction and at a European level.
In Yam Seng Pte Limited v International Trade Corporation Limited [2013] EWHC 111 (QB)Link opens in a new window, para 124, it was noted that they embodied a general duty to act in accordance with good faith and fair dealing, with the judge noting that ‘[t]here can be little doubt that the penetration of this principle into English law and the pressures towards a more unified European law of contract in which the principle plays a significant role will continue to increase.’
They have also been relied upon by the Advocates-General in the European Court of Justice for interpretive purposes (see e.g. Quelle (Case C-404/06) [2008] 2 CMLR 49, para AG44, n28; Banco Español de Crédito SA v Camino [2012] 3 C.M.L.R. 25, para. AG4 (both citing PECL); Martin v EDP (Case C-227/08) [2010] 2 CMLR 27, para AG51; Danske Slagterier v Germany (Case 445/06), para AG94, n57 (both citing DCFR).
Testifying on Extradition in International Courts
Jackie Hodgson has frequently been instructed as an expert witness on whether European extradition was for the lawful purpose of prosecution, or simply for investigation and questioning.
Jackie Hodgson testified at the hearing in McCormack v Tribunal de Grande Instance, Quimper, France [2008] EWHC 1453 (Admin), while in HM Advocate, representing Republic of France v Kelly (2010), the appeal was abandoned as a direct result of the expert report provided.
Her research also had an impact on the major Canadian extradition decision in Diab, in which she was required to assess whether, if extradited to France on terrorism charges, the accused would receive a fair trial [Attorney General of Canada (The Republic of France) v Diab 2011 ONSC 337]. Her assessment of the use of secret and un-sourced intelligence as evidence in any subsequent trial should Diab be extradited back to France was relied upon by Diab’s defence team. The Attorney General for Canada subsequently disavowed any reliance whatsoever on the extensive intelligence set out in the French Record of the Case which sought to justify the French extradition request. While the judge felt legally mandated to extradite under the relevant treaty, it was also made clear that there was insufficient evidence for the case even to go to trial were this a Canadian case.
Ultimately, the case against Diab was also rejected by the French investigating judge and he has returned to Canada, but there are still calls from France to require him to stand trial.
Cited by the Supreme Court of Canada.
R. v. Albashir [2021] SCC 48 (Reason for Judgment, delivered by Karakatsanis J., with Wagner C.J. and Abella, Moldaver, Côté, Martin and Kasirer JJ. concurring, para 64)
Cited by European Court of Human Rights
Hämäläinen v Finland [2014] ECHR 877 (Joint Dissenting Opinion of Judges Sajo, Keller & Lemmens, para. 13) (appeal on basis of Article 8 against state's refusal to register religious devout trans woman applicant as female unless she divorced or converted her marriage into a civil partnership. Appeal rejected)
Cited by Florida State Court
In the Marriage of Michael J. Kantaras v Linda Kantaras (2003) 6th Judicial Circuit, Pasco County, Florida, case No. 98-5375CA 511998-DR00537WS (Justice O’Brien) (case involved consideration of whether Mr Kantaras, a trans man, was legally male for the purposes of marriage law. Justice O'Brien held that he was, though the decision was later overturned in 2004 by the Florida Second District Court of Appeal.
Cited by Family Court of Australia
Attorney-General for the Commonwealth of Australia v Kevin and Jennifer & HREOC (2003) FamCA 94 (Chief Justice Nicholson, Justice Ellis and Justice Brown) (appeal court agreed unanimously with Justice Chisholm) Attorney-General for the Commonwealth of Australia v Kevin and Jennifer & HREOC (2001) FamCA 1074 (Justice Chisholm) (case involved consideration of whether Kevin, a trans man, was legally male for the purposes of marriage law. In a break through decision at the time, Justice Chisholm held he was despite not having undertaken phalloplastic surgery).
Judgment on Justice Beyond Law
Gary Watt's monograph Equity Stirring: The Story of Justice Beyond Law (Hart, 2009) was cited in a judgment of Australia's highest court (Andrews v Australia and New Zealand Banking Group Limited [2012] HCA 30).
Stephen has worked closely on several areas of UK legislation, including:
- amendments to the UK regime for bailing in derivatives.
- having his proposals for legislation to create a required debt registration procedure for bank-to-state loans as a means to force transparency become UK Labour Party policy in its 2019 Election manifesto.
- defending his draft amendments for the UK Corporate Governance and Insolvency Bill 2021 before a senior committee, including a Supreme Court Justice.
Drafting Affirmative Action Legislation in Namibia and South Africa
In 1994 Faundez’s book on Affirmative Action—International Perspectives was published by the International Labour Organisation (ILO). He was subsequently invited by the ILO to assist the Governments of Namibia and South Africa in drafting their affirmative action legislation in employment. The legislation was enacted in each country in 1998.
It was the first affirmative action law enacted in a developing country that was consistent with the principles of international law, and continues to have an impact on the rights of individuals in those countries today. As the US State Department noted in its report Investment Climate Statement – Namibia (2012) ‘Namibia’s Affirmative Action Act strives to create equal employment opportunities, improve conditions for the historically disadvantaged, and eliminate discrimination. The commission facilitates training programs, provides technical and other assistance, and offers expert advice, information, and guidance on implementing affirmative action in the work place.’
Shaping EU Directives on Procedural Safeguards for Suspects
Jackie Hodgson’s research on English and French criminal justice has provided evidence to inform the development of EU legislation.
Consultant in EU Impact Study on possible Directive on preventive Detention 2015-16.
Consultant for the EU Impact study on Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
Drawing on Custodial Legal Advice (1993) and Standing Accused (1994), as well as the early findings from Inside Police Custody (2013), she has advised those in the EU preparing Directive 2013/48/EU — right of access to a lawyer, to contact with third parties and consular authorities in the event of custody, as well as the Ministry of Justice. Her body of work on criminal defence lawyers reinforces the importance of lawyers receiving appropriate training in order to provide effective custodial legal advice; being able to consult privately with their client; being present during the police questioning of their client; and the importance of lawyers in ensuring suspects understand and can exercise their legal rights, such as the right to silence. training in order to achieve effective custodial legal advice.
Drawing on Custodial Legal Advice & the Right to Silence (1993) and Standing Accused (1994), as well as the findings from Inside Police Custody (2013), all of which reinforce the importance of training in order to achieve effective custodial legal advice, Jackie has advised those preparing the impact assessment for the Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings. Her work helped to embed adversarial and competent legal assistance within the administration of legal aid.
House of Commons Justice Committee
Gave oral Evidence to House of Commons Justice Committee Inquiry into the Effectiveness of the CCRC, following earlier submission of written evidence, published: House of Commons Justice Committee Criminal Cases Review Commission 12th Report of Session 2014-15, 17 March 2015, HC 850
Ministry of Justice
Submission to Ministry of Justice Triennial Review of the Criminal Cases Review Commission, Hodgson, J and Horne, J (2012)
Justice Parliamentary Select Committee
Consulted by Justice Parliamentary Select Committee enquiry into the Crown Prosecution Service in November 2008.
Home Office
Commissioned by the Home Office to prepare a Report on French counter-terrorism investigations in 2006 as part of a wider legislative review around the admission of intercept evidence into criminal proceedings.
House of Commons Select Committee on the Home Affairs
Consulted by the Select Committee in 2005 on the Terrorism Bill.
House of Lords Select Committee on the European Union
Submitted written evidence on request to Select Committee in 2004.
I have had the fantastic opportunity to steer Kenya's land law reforms by working with the Ministry of Lands to draft the Land Registration Act No 3 of 2012, National Land Commission Act No 5 of 2012 and Land Act No 6 of 2012 – the first set of new land legislation for the Republic of Kenya that replaced the old land laws that were in place since Independence in 1963.
I have drafted amendments to the Privatisation Act No 2 of 2005 (Revised 2016) and Tax Laws (Amendment) Act, 2018 for the Kenyan National Assembly and submitted memoranda to the Kenyan Parliamentary Committees proposing amendments to the Nairobi International Financial Centre Bill, 2017, Draft Kadhi’s Courts Rule of Practice and Procedure, 2018, Income Tax Bill, 2018 and Finance Bill, 2018.
Beyond Kenya, I have submitted comments to the UN Tax Committee on its Discussion Draft on the Possible Changes to The United Nations Model Double Taxation Convention Between Developed and Developing Countries Concerning Inclusion of Software Payments in the Definition of Royalties.
Reviewing Family Mediation Practices in England and Wales
In November 2011 John McEldowney was invited by the Family Mediation CouncilLink opens in a new window (FMC) to undertake an inquiry into the working of family mediation. The research included interviewing private and public family mediators and their key associations. Taking evidence and receiving appropriate information took over nine months of painstaking investigation, as well as many meetings with stakeholders. Over 2,000 pages of evidence were collected, read, and analysed.
This was followed by an interim review report containing some of the main findings, followed by a two-month consultation process. The review, published in June 2012 (Family Mediation in a Time of Change: The Family Mediation Council Final Report) contained recommendations for the regulation and good governance of publicly and privately funded family mediation in England and Wales. The various mediation organisations have accepted the main findings of the McEldowney Review. The Government’s responseLink opens in a new window has been to accept the findings of the Review and support its implementation.
Since 2006, Irit has been acting as an expert adviser to the UK government's delegation to the United Nations Commission on International Trade Law (UNCITRAL) and in 2013-2016 she represented the World Bank at the Commission, in deliberations in the areas of insolvency and cross-border insolvency. In that capacity she has influenced international policy and reform in the areas of insolvency, cross-border insolvency, and the intersection of company and insolvency law, including the development of the following international instruments:
- UNCITRAL Model Law on Enterprise Group Insolvency with Guide to Enactment (2019).
- UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments with Guide to Enactment (2018).
- Guide to Enactment and Interpretation (2013) of UNCITRAL Model Law on Cross-Border Insolvency (1997).
- UNCITRAL Legislative Guide on Insolvency Law, Part three: Treatment of enterprise groups in insolvency (2010).
- Part four: Directors' obligations in the period approaching insolvency (including in enterprise groups) (2019).
- Part five: Insolvency law for micro- and small enterprises (2021).
Vanessa has been invited to present evidence to the Scottish Justice Committee, which was relied upon in the passing of legislation to require judges to provide instructions to jurors in rape cases where there is delay or no evidence of force / injury, as well as in the passing of the Vulnerable Witness Bill, which extended provision of special measures to adult witnesses.
Creating the Housing Health and Safety Rating System
David Ormandy’s work on housing standards, undertaken when the Housing Unit was part of the Law School has led to a change in the law in both this jurisdiction and overseas.
The Housing Health and Safety Rating System (HHSRS), developed between 1998 and 2004, was adopted as the statutory method for assessing housing conditions in England (and subsequently Wales) in April 2006 (The Housing Health and Safety Rating System (England) Regulations 2005) for the purposes of Part 1 of the Housing Act 2004.
The HHSRS is now used by all English and Welsh local authorities and thus has a very wide-reaching impact.
1. Oral Evidence given before Parliamentary Committees:
Women and Equalities Committee Inquiry into Gender Recognition Act reform (Dec 2020)
https://parliamentlive.tv/Event/Index/dfc9f53e-2ac4-4c30-8712-e3df47938fd7Link opens in a new window
2. Parliamentary Written Submissions:
Submission on CPS Consultation on Deception as to Gender - Section in Rape and Serious Sexual Offences (RASSO) Legal Guidance (Dec 2022)
Gender Recognition Reform (Scotland) Bill: A Consultation (March 2020)
Government Equalities Office regarding Reform of the GRA 2004 to allow for gender self-declaration (co-author: Dr Peter Dunne, Bristol University) (October 2018)
Ministry of Justice Inquiry into the Care and Management of Transgender Offenders - focus on issues of allocation and segregation within the prison estate (co-authors: Dr Fabienne Emmerich and Dr Robyn Emerton) (2016)
Women and Equalities Parliamentary Select Committee Inquiry into Transgender Equality - focus on criminal law and marriage issues (August 2015)
Co-author of submission by GIRES (Gender Identity, Research and Education Society) to Public Bills Committee proposing legislative amendments to the Marriage (Same-Sex Couples) Bill 2013.
3. Citation/discussion in Parliamentary Reports:
'Reform of the Gender Recognition Act: Third Report of Session 2021-2022 Women and Equalities Committee (2021) at paras 85, 87 and 127.
4. Citation in Parliamentary, Amicus Curiae and Other Legal Submissions:
United Kingdom
Submission by the Centre for Law and Social Justice, University of Leeds, and Intersex UK to the Women and Equalities Parliamentary Select Committee Inquiry into Transgender Equality (August 2015)
Submission by the Gender Identity, Research and Education Society to the Public Bills Committee proposing legislative amendments to the Marriage (Same-Sex Couples) Bill 2013
Hong Kong
Submission by counsel for W in the Hong Kong appeal case of W v Registrar for Marriages against the decision of Mr Justice A. Cheung, Appeal heard October 12-14, 2011
Australia
Submission to the Senate Standing Committee on Legal and Constitutional Affairs in relation to the ‘Inquiry into the Effectiveness of the Commonwealth Sex Discrimination Act 1984 in Eliminating Discrimination and Promoting Gender Equality’ by the Castan Centre for Human Rights Law, Monash University, Melbourne, 2009
Submission by the Australian Human Rights and Equal Opportunity Commission intervening in Re Alex: Hormonal Treatment for Gender Identity Dysphoria [2004] FamCA 297
Argentina
Amicus Curiae intervention by the Programa para America Latina y el Caribe Comisión Internacional para los Derechos Humanos de Gays y Lesbianas in Alitt Association Lucha Por La Identidad Travesti-Transexual c/IGJ 1720574/35584 s/Recurso Contencioso-Administrativo (2006) Buenos Aires
Prof Christian Twigg-Flesner
Department for Business, Innovation and Skills, Consolidation and Simplification of Consumer LawLink opens in a new window (November 2010): co-authored background report to inform the development of the Consumer Rights Act 2015 (see Explanatory NotesLink opens in a new window)
House of Lords, Electronic Trade Documents Special Public Bill Committee, Written EvidenceLink opens in a new window (published 20 January 2023) (2022-23 session)
House of Lords, European Union Committee, EU Consumer Rights Directive: getting it rightLink opens in a new window, (2008-9 session, 18th report): oral-evidenceLink opens in a new window on 26 March 2009
House of Lords, European Union Committee, Protecting the consumers of timeshare productsLink opens in a new window (2006-7 session, 3rd report): oral evidence on 25 October 2007
Since 2016, Ana has worked closely with English police forces and the Home Office's Immigration Enforcement (IE) on an independent evaluation of immigration-police cooperation in everyday policing. UK's police forces and IE have started to formalize their joint working practices and policies, particularly since the national roll out of Operation Nexus in 2012. Operation Nexus is an initiative to bring together the operational and intelligence capacities of IE and the police to identify and manage foreign national suspects through bespoke arrangements at regional levels and the creation of a central Nexus team to assess deportation cases.
The aim of the evaluation was to assess whether the agencies involved are meeting the objectives in terms of efficiency, cost saving and community safety. It specifically asked the following questions:
1) How does interagency cooperation between the police and Immigration Compliance and Enforcement (ICE) work in practice?
2) How are the identity and nationality of individuals arrested determined?
3) What are the considerations taken into account by police officers when making decisions on cases involving foreign national suspects?
4) Are the vulnerabilities of foreign national individuals brought into custody appropriately identified and handled?
The study, funded by Warwick University and the Economic and Social Research Council (ESRC), involved the analysis of police custody and immigration enforcement data. It was supplemented by ethnographic observations of custody processes and enforcement operations, as well as semi-structured interviews with both immigration and police officers, at various ranks.
Two evaluation reports were discussed and submitted to the forces involved. The findings and recommendations contained in them have been instrumental in shaping institutional policies around this aspect of policing. The reports recommended key measures to ensure consistency, accuracy and proportionality in decision-making and identification processes to prevent discrimination and ensure fairness in the treatment of suspects, as well as highlighting the need to provide clear guidance to front line staff on the timely and accurate identification and treatment of vulnerable individuals. Some of the recommendations has been incorporated by the agencies involved in their strategic plans and policies.
You can read some of the publications from the project:
2021. ‘Manufacturing Obedience: Coercion and Authority in Border Controls’, Punishment & Society (DOI: 10.1177/14624745211051320).
2020. ‘Benevolent policing? Vulnerability and the Moral Pains of Border Controls’, British Journal of Criminology 60(5) (Editor’s Choice/Featured Article). Pp. 1117–1135.
2020. ‘Patrolling the “thin blue line” in a world in motion: An exploration of the crime migration nexus in UK policing’, Theoretical Criminology 24 (1). Pp. 8-27.
Inspiring Regulation for a Common Sales Law in the European Commission
Hugh Beale’s work on European Contract Law (in particular the PECL and the DCFR has been a major inspiration and source of material for the European Commission’s proposed Regulation for a Common Sales Law.The proposed Regulation is currently the subject of negotiations between the Commission, the Council of Ministers and the European Parliament. Beale continues to play a direct and influential role in the progress of these negotiations, having presented drafts of the DCFR and now the Regulation at stakeholder workshops organised by the European Commission and having given evidence to the Legal Affairs Committee of the Parliament. Drawing on his research over the last two decades, he is writing a Commentary on the text for the Commission, for officials to use during negotiations and for ultimate publication.
Together with other members of the Vulnerable State team, Henrique presented his work on modern slavery policy and legislation to the Home Office research team on 29th June 2023.
A Briefing Paper for the Law Commission:
https://www.nuffieldfoundation.org/wp-content/uploads/2020/11/When_is_a_wedding_not_a_marriage_A_briefing_paper_for_the_Law_Commission-FINAL.pdf
SLS/SLSA Webinar: Influencing Law Reform - Tips for Effective Engagement with the Law Commission
Informing the Design of Legal Reform Projects
Julio Faundez’s research into the design and scope of legal reform projects has provided evidence to inform practice and the implementation of policy.One example of a project benefiting from Faundez’s expertise is the Capacity Building of the Sudan Judiciary Project, funded by a Multi-Donor Trust Fund administered by the World Bank. The aim of the project was to strengthen judicial independence so as to enable the judiciary to effectively and fairly apply the law.
Faundez was invited by the World Bank to carry out a Mid-Term Review on the implementation of the project. Drawing on his experience evaluating justice reform projects for the World Bank and the Inter-American Development Bank, his report, Capacity Building of the Sudan Judiciary (Sudan Multi Donor Trust Fund) Mid-Term Review (2008), highlighted the problems inherent in the design of justice reform projects in contexts where the institutional environment is fragile and external intervention on matters concerning the judiciary are regarded as sensitive because of the authoritarian nature of the regime and the close link between legal and religious principles. Faundez also noted that the project had greatly underestimated the difficulties involved in delivering training programmes aimed at improving the capacity of officials working in the justice system.
The project was adjusted accordingly, and training has formed an important part of Phase II of the project.
Jonathan has advised various public bodies, including the Charity Commission, the Cabinet Office, and the Prime Minister's Strategy Unit. In 2012-13 he was Special Adviser to the UK Public Administration Select Committee, advising on its review of charity regulation. His work has been cited in the Australian Parliament and the New Zealand Supreme Court, and in policy documents produced by the Jersey Charity Commissioner, the Cypriot Office of the Commissioner of Volunteerism and NGOs, and the Council of Europe.
James has acted as advisor to/researcher for a wide range of international and national bodies including Amnesty International, Canadian Council for International Cooperation, Centre for Labour and Social Studies (UK), Council of Europe, Department of International Trade (Canada, UK and Switzerland), European Parliament, The Trade Justice Movement, TUC (UK), UN High Commissioner for Human Rights, Scottish Human Rights Commission and UK Parliament.
He is particularly active on trade and environment issues (see e.g. on Academic Statement on the EU-Mercosur Association Agreement which he led) and trade and labour issues (see policy brief on workers rights in EU trade agreements)
Evaluating Equality and Human Rights Impact Assessment in Scotland
The Centre for Human Rights in Practice was commissioned by the Scottish Human Rights Commission to undertake a study which critically evaluated both equality and human rights impact assessment across the full range of policy areas where studies have been undertaken.Human Rights Impact Assessment: Review of Practice & Guidance for Future Assessments (2010), written by James Harrison and Mary-Ann Stephenson, led to the Scottish Commissioner for Children and Young People reforming its methodology for conducting EHRIAs. Harrison has provided research evidence to the Scottish Government, the Convention of Scottish Local Authorities, the Society of Local Authority Chief Executives, the Scottish Council Equalities Network, the NHS/SG Health Directorate, Audit Scotland, the Association of Chief Police Officers in Scotland and the Scottish Prison Service. He has also drafted Guiding Principles based on his research for conducting future EHRIAs. He is currently acting as advisor to a project where the new approach advocated by his research will be piloted in two local authorities in Scotland (Fife and Dumfriesshire) over the next 18 months. Leicestershire County Council have also utilised the SHRC research as the basis for reforming their own EHRIA process.
Guiding Equality and Human Rights Policy for National and International Organisations
James Harrison has provided expert advice and guidance a wide range of national and international organisations.These include the UN Officer of the High Commissioner for Human Rights, the Scottish Human Rights Commission, the Canadian Government (Department for Foreign Affairs and International Trade), Canadian Coalition for International Co-operation, and the Alternative Trade Mandate. He has also been a key academic advisor to a number of organisations in relation to his work on equality and human rights impact assessment including Bristol Fawcett Society, Coventry Ethnic Minority Action Partnership, Coventry City Council, Coventry Trades Council, Coventry Women’s Voices, Disabled People Against the Cuts, East London Fawcett, Fife Council, GMB Equality Network, Ilegal, International Institute for Labour Studies, Leicestershire County Council, Misereor, NHS Scotland, Public and Commercial Services Union, Parliamentary Labour Party Women’s Committee, Public Law Solicitors, UN Quakers Office, Renfrewshire Council, the Scottish Human Rights Commission, SixtyEightyThirty, the Spartacus Network and Trade Unions Congress.
Prison suicides
Submission of Written Evidence to the Howard League for Penal Reform and the Centre for Mental Health investigation of suicide prevention in prisons (with Juliet Horne) in 2016.
Improving prison rehabilitation
With Juliet Horne, Jackie has demonstrated the impact and value of prisoner penfriends through their work, which was launched at a symposium at the House of Lords with contributions from prison governors and reformers and attended by the Ministry of Justice: Hodgson, J. and Horne, J. (2015) Imagining more than just a prisoner: the work of prisoners’ penfriends University of Warwick.
EU Policy Briefings
With Jodie Blackstock of JUSTICE, she organised and delivered a policy briefing to some 30 lawyers and EU officials in Brussels in 2012; feedback from the event demonstrated that this successfully raised awareness of the importance of linking legal aid funding to mechanisms to ensure the quality of legal advice to suspects in police custody throughout the EU.
I work with Frank Bold, the Purpose of the Corporation project, GOODCORP and Sustainable Market Actors for Responsible Trade Group at the University of Oslo on matters relating to sustainable corporate governance.
In early 2020, I coordinated the statement on 'Corporate Governance for Sustainability' which argues that directors should be obliged to oversee the development and implementation of a Sustainability Strategy and report on its implementation. As part of the debate about the European Commission's Sustainable Corporate Governance Initiative, in February 2021, I presented an overview of the statement at a Brussels webinar on 'Sustainable corporate governance and non-financial reporting: Finding a pathway to policy coherence', organised by Frank Bold, Alliance for Corporate Transparency and Climate Disclosure Standards Board.
The statement can found at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3502101Link opens in a new window and the recording of the webinar is available at https://youtu.be/BNZTfEyDuxs?t=29
May 2022: Amicus Curiae Brief for Knowledge Ecology International's compulsory license application for Paxlovid at the Puerto Rico Intellectual Property Office.
October 2021: Panelist in 'The Way Forward on and Beyond the TRIPS Waiver Proposal’, organised by the civil society organisation, Health Justice Initiative, and hosted by the Mandela Institute, University of the Witwatersrand, South Africa, together with Mr. Tahir Amin, iMAK Initative for Medicines, Access and Knowledge, Ms. Sangeeta Shashikant, Third World Network, Dr. Carlos Correa, Executive Director of the South Centre, Dr. Alexander Beyleveld, Mandela Institute.
Organisation and moderation: Ms. Fatima Hassan, the Founder of the Health Justice Initiative. My talk focused on the role and responsibility of IP scholarship as they have been acutely crystallised in this pandemic.
Open Letter by over 180 International IP Academics in Support of the TRIPS Waiver, released 12 July 2021.
Available on the website of International Society for the History and Theory of Intellectual Property.
Supported the Ministries of Finance of Angola, Botswana, Eswatini, Ghana, Namibia, Rep of Congo, Togo, Zimbabwe with in developing tax reform measures to support the achievement of SDG 4 - Quality Education (2023-2024)
Supported the Eswatini Revenue Service and Tanzania Revenue Authority to develop tax policy proposals on taxing the digital economy (2023).
Trained Sri Lanka's Inland Revenue Department and MPs on policy measures to combat illicit financial flows (2022).
Contributed to UNCTAD's 2020 EDAR Report on Tackling Illicit Financial Flows for Sustainable Development in Africa.
Wrote a working paper for the Tax Justice Network - Africa on the Regulation and Taxation of FinTech focusing on a comparative analysis of the regulatory and tax approaches to FinTech activities in Africa, Asia and Latin America to identify policy recommendations towards improving the regulation and taxation of FinTech (2019)
Wrote tax policy recommendations in a report titled: A Relational Analysis between the Income Tax Bill, 2018 and Tax Laws (Amendment) Act, 2018 in Changing the Tax Architecture for the East Africa Tax and Governance Network. The report was read in the Kenyan Parliament (2018).
Wrote a policy brief for Norwegian Institute of International Affairs on Bangladesh’s Black Money Whitening Law (2013)
Focusing on the Workings of Parliament
John McEldowney chairs the Study of Parliament Group (SPG), which is focused on the study of the working of Parliament including devolution and the EU.There are over 150 members of the group consisting of academic members including political scientists, leading constitutional lawyers and economists. The Parliamentary Officials who are members are drawn from all aspects of the work of Parliament including both Houses and also representatives of the Devolution arrangements. The Group has favoured the recently adopted Tony Wright reforms on elected chairs of Select Committees and has promoted post and pre legislative scrutiny in its evidence given to Parliament.
Since 2006, Irit has been acting as an expert adviser to the UK government's delegation to the United Nations Commission on International Trade Law (UNCITRAL) and in 2013-2016 she represented the World Bank at the Commission, in deliberations in the areas of insolvency and cross-border insolvency. In that capacity she has influenced international reform in the areas of insolvency, cross-border insolvency, and the intersection of company and insolvency law. In 2013, Irit was appointed Senior Counsel to the World Bank and headed the Bank's Global Initiative on Insolvency and Creditor/Debtor Regimes (2013-2015). In that capacity, she advised governments of some ten countries in Africa, Asia, Europe, and the Caribbean on reform of business and personal insolvency and creditor/debtor systems. She also headed the Bank's Global Task Force on Insolvency and Creditor Rights. Irit has retained a consultancy with the World Bank and continued to provide training and advice in projects involving emerging markets.
From 2018 Irit is the UK Correspondent, Case Law on UNCITRAL Texts (CLOUT)
From 2020 Irit is co-Chair of UNIDROIT sub-group III and member of the Working Group on Bank Liquidation
From 2020 Irit is a member of the Ministry of Justice Private International Law Committee
In 2020 Irit was appointed to UK Office for Science Covid-19 Recovery Trade and Aid Working Group which synthesized evidence against research questions that departments should consider in the medium to long term recovery from the COVID-19 emergency. UK Office for Science, Covid-19 Recovery Trade and Aid Working Group (2020), Final Report, Rebuilding a Resilient Britain: Trade and Aid.
2021-2022 Cape Town Convention, advisory (“coffee table”) group assisting in amendments of the Conventions' Official Commentary.
Vanessa was an invited member of an Expert Panel, convened by the Solicitor-General, which led to the creation of extended judicial instructions in rape cases. She has participated in, or given evidence to, the Ministry of Justice's 'End to End Rape Review', The Law Commission's 'Contempt of Court' Report, and the Scottish Review of Rape Prosecution convened by Lady Dorian. In 2017, she was part of an UNHCR Expert Group on the Use of Criminal Law in relation to Gender & Sexuality, and is a Commonwealth Expert for the Human Dignity Trust as well as a member of the Centre for Women's Justice Femicide Group. Vanessa previously acted as Special Advisor to the Parliamentary Joint Committee on Human Rights Inquiry into Human Trafficking and to a Scottish Government project on Sex Work.
More recently, she has worked with REFUGE to produce research on the prevalence of suicidality amongst its client base, and with Rape Crisis Scotland to explore the impact on complainers of rape of receiving a not proven verdict. Her research with colleagues on jury deliberation has been widely cited nationally and internationally, and is the basis for an ongoing consultation by the Scottish Government regarding possible changes to the jury system and not proven verdict.
2023: Provided live evidence to the UK Business and Trade Commission on the on the future of the financial services sector in the UK and how the UK's trading relationships affect its regulatory environment.
2022: Member of the Expert Advisory Group of the Digital Transformation of Regulation programme on the Open Regulation Platform (ORP), in the UK Department for Business, Energy and Industrial Strategy (BEIS). The ORP is a government project that aims to create an enriched machine-readable dataset of business regulations that will then be released publicly.
2022 - Present: Member of the International Chamber of Commerce (ICC) United Kingdom working groups, including:
- the Digital Economy Committee
- the Banking Committee
2020: Policy Brief on Global Value Chains, Trade and Inequalities
Together with Professor Donatella Alessandrini, co-authored a policy brief aimed at trade law negotiators, policy makers and practitioners. The policy brief documented the findings of Professor Alessandrini’ s British Academy-funded project on ‘Global Value Chains (GVCs), trade and inequalities’ and a subsequent research workshop at Kent Law School. The research concluded that economic rewards within GVCs are unequally distributed between capital and labour, due to legal privileges international trade law and foreign investments law provide lead-firms with.
Improving Housing Conditions in the UK and BeyondLink opens in a new window
Professor David Ormandy's research into housing conditions in the UK led to a fundamental change in policy that shapes housing standards today. Professor Ormandy’s research findings demonstrated that housing conditions have a significant effect on health, in particular on the health of the most susceptible, such as the very young and the elderly.
Impact of research around criminal prosecution of trans and other gender non-conforming people for 'gender fraud' on Policy of Public Institutions and Human Rights Bodies:
Crown Prosecution Service - Rape and Sexual Offences Legal Guidance (Impact on redrafting 'Transgender Suspects - evidential considerations’ section, forthcoming)
Amnesty International - deepened Amnesty’s analysis of the human rights impact of state criminalisation practices. Amnesty now use the example of ‘gender fraud’ prosecutions in their capacity building and training around these issues (2016 - ).
I am on the International Advisory Panel of the International Association of Deposit Insurers (IAD), Bank for International Settlements. Since 2008, the Advisory Panel has been involved in providing expert opinions and feedback on IADI’s core work on deposit insurance and financial stability. I have also collaborated with the World Bank (2016) and the IMF (2003).
I collaborated with the OECD on Public Guarantees by organising an event ‘Financial crisis management and the use of government guarantees’ which coincided with the OECD’s 50th Anniversary, 2011. [Insert Link 1] My joint paper was selected for publication in the OECD Journal on Financial Market Trends. The joint paper titled ‘Developing a Framework for Effective Financial Crisis Management’ [Insert Link 2] provides a unique stakeholder approach to crisis management; and a crisis management decision tree that we designed to assist a Financial Safety Net to execute their responsibilities across the stages of managing a financial crisis.
The paper has directly influenced the shape of the Philippine’s systemic risk crisis management framework, published in June 2022. It clearly indicates the ‘[FSCC] adopt the earlier work of Singh and LaBrosse (OECD, 2012) and refine their framework to generate the following decision tree,’ at p. 6: [Insert Link 3] The FSCC later show their Protocols draw on the work to build its crisis management framework: ‘…the unique challenge that crisis management bears upon various financial authorities, we quote from the Singh and LaBrosse (OECD, 2012), which undertook its seminal study on crisis management frameworks in response to the Global Financial Crisis (GFC)….at p.11’ [Insert Link 4]
The publication of the paper by numerous press agencies explains how the Philippines adopts a stakeholder approach which is a strong theme in the paper. In the OECD 2012 paper, we emphasize the stakeholder approach by highlighting the importance of both private and public ‘actors’ interests and responsibilities are reflected in the crisis decision making process. The OECD 2012 paper has also influenced the decision-making process in Zimbabwe. The Reserve Bank of Zimbabwe published its ‘Framework for Contingency planning and Systemic Crisis Management’ in July 2014. [Insert Link 5]
The Reserve Bank of Zimbabwe directly incorporates our crisis management decision tree (Figure 3) into their decision-making process (Appendix III). The OECD 2012 paper has also been cited in other domestic and international policy forums on crisis prevention frameworks and country reviews of such measures: The US Office of Inspector General of the Federal Deposit Insurance Corporation (OIG), in its evaluation of the FDIC’s Readiness for Crises, April 2020, directly quote the paper to highlight the importance of looking at coordination and collaboration between Financial Safety Net Players: The OIG explain “According to an article in the Organisation for Economic Co-operation and Development (OECD) Journal, Developing a Framework for Effective Financial Crisis Management, “[d]eposit protection has become an important feature of modern banking systems” and part of the official financial system safety net along with a lender of last resort, prudential banking regulator, and a government treasury department. The article further states: In normal times the regulation and supervision of banks, . . . explicit deposit protection and an effective bank closure mechanism all help to reduce the adverse consequences of a financial crisis emanating from bank failures . . . . However, when problems become systematic, governments tend to play a much more active role and call upon the agencies that make up the [financial system safety net] to undertake extraordinary measures. . . . As such, there is a clear need for officials to undertake coherent contingency planning. . . .. [Emphasis added.]” at pp. 2-3 [Insert Link 6]
The paper is also referred to by the New Zealand review of the New Zealand Reserve Bank Act, 2019. [Insert Link 7] The consultation document refers to the importance of putting the different components of the Financial Safety Net together to ensure an effective policy response, which is a central tenet of the paper. At p. 91.
In 2017, I was invited to join the IADI Technical Committee to prepare the Guidance paper on ‘Deposit Insurers’ Role in Contingency Planning and System-wide Crisis Preparedness and Management’. The Committee prepared the guidance paper to operationalize Core Principle 6 of the IADI Core Principles for Effective Deposit Insurance 2014. The final guidance paper also cites the OECD 2012 paper. I assisted with writing the guidance paper. The paper is also cited by the Association of Supervisors of the Banks of the Americas (ASBA) in the ASBA Working Group paper ‘Effective Cooperation for Resolution of Financial Institutions in the Americas’, May 2018. The ASBA paper also emphasizes the importance of coordination and cooperation between the Financial Safety Net.
Launch of Final Report, Crossing the Mediterranean Sea by Boat, Brussels 4 May 2017.
Second Evidence Findings, ESRC-funded project, Crossing the Mediterranean Sea by Boat, Athens, 11 November 2016.
Preliminary Findings, ESRC-funded project, Crossing the Mediterranean Sea by Boat, Brussels 16 February 2016.
Invited paper to feed into the Government's review of the Prevent Strategy: Alison E. C. Struthers, and Diane Webber, 'Critiquing approaches to countering extremism : the fundamental British values problem in English formal schooling' (Government publication 2019)
Prof Christian Twigg-Flesner
House of Commons Transport Committee, Volkswagen emissions scandal and vehicle type approval (12 July 2016): oral evidence on 25 April 2016 (video recording).
Department for Business, Innovation and Skills, Consolidation and Simplification of Consumer Law (November 2010): co-authored background report to inform the development of the Consumer Rights Act 2015 (see Explanatory Notes).
House of Lords, European Union Committee, EU Consumer Rights Directive: getting it right, (2008-9 session, 18th report): oral evidence on 26 March 2009.
House of Lords, European Union Committee, Protecting the consumers of timeshare products (2006-7 session, 3rd report): oral evidence on 25 October 2007.
Advising Land Change Use
Jill Wakefield is a Member of the Globe International Commission on Land Change Use and Ecosystems Marine Technical Advisory Group. She has also given advice to legislators (by invitation) at the Palace of Westminster, London, October 2009, and at the European Parliament, Brussels, March 2010.
Charlotte was commissioned by the DCMS and the Spoliation Advisory Panel to write a report which looks at the differences in process between the 5 European restitution committees and addresses the 2017 London Conference recommendation 3.
Charlotte created a policy brief relating to her work Addressing Ethical Provenance when designating UK national treasuresLink opens in a new window which was shared with relevant stakeholders.
In 2020 Charlotte was invited to give expert evidence on the then Dutch restitution policy to the Evaluation Committee on Restitution Policy concerning artworks looted by the Nazi regime chaired by Jacob Kohnstamm, which had been commissioned by the Dutch Minister of Education, Culture and Science. Her work is cited in the final report.
Rebecca Limb, and Liz James, 'Bell v Tavistock and Portman NHS Foundation Trust : considering the potential impact on children’s consent to all medical treatment?' (2020) Journal of Medical Ethics Blog.
Rebecca Limb, 'COVID-19 : Should we allocate health care resources based on citizens’ individual contribution to society?' (2020) Journal of Medical Ethics Blog.
Rebecca Limb, 'Alfie’s Law and Charlie’s Law : are there alternatives to court battles between parents and hospitals?' (2018) Lacuna.
Rebecca Limb, 'Involving the child in health care decisions – it is time for the customary implementation of a collaborative decision-making process' (2017) BeGood Early Intervention.
In 2017, Van Anh, in collaboration with a Vietnamese lawyer specialising in Intellectual Property Rights, Quyen Dau, published a critical article shedding light on the concept of communication to the public in hoteliers distributing broadcast signals in Vietnam. Since the country’s copyright law is still in its infancy, this piece of writing aimed to educate the Vietnamese public on how the right to communicate to the public in the digital and analogue environments has been interpreted by the CJEU in a series of cases.
The article, titled in Vietnamese Luật chơi cho chính mình (or Abiding by the rules in English) was published by the Saigontimes. The full text can be accessed via the following link: https://www.thesaigontimes.vn/165031/Luat-choi-cho-chinh-minh.html.
Legal outcomes of nikah-only marriage: https://youtu.be/k0OJHG5IbhY
Stephen has briefed Industry & Parliament Trust meetings of MPs on state-led financing and direct investment mechanisms, and on sovereign debt. he has also produced a policy brief on company law after Brexit, which led to the revision of UK Government advice to small businesses operating in the EU from the UK.
With Andreas Kokkinis, Stephen led a briefing session for Matt Western MP and West Midlands business leaders on the effect of Brexit on their legal arrangements.
James is co-founder and one of the three members of the editorial board of Lacuna Magazine which now includes more than 350 articles including from academics, practitioners, students and others about a range of human rights, environmental and social justice issues.
For the Centre for Human Rights in Practice, James Harrison’s work on Equality and Human Rights Impact Assessments has enhanced public understanding of the issues, provided research evidence that has stimulated debate both locally and nationally, led to changes in policy, and inspired research by a range of voluntary organisations.
Jackie has appeared frequently on BBC Radio 4 and the world service as well as giving TV and press interviews, mainly on issues of French Criminal Justice and extradition e.g. the European Arrest Warrant sought for the extradition of the former Catalan leader Puigdemont in 2017.
She was also consulted extensively by Brennan Leffler, investigative journalist with 16x9, a national Canadian news & current affairs programme, on the Hassan Diab cases (extradition from Canada to France on terrorism charges).
16 June 2021
Open Public Event: Law On Trial – Pharmaceutical Patents And Pandemics: Public Health and Private Wealth?
Birkbeck, University of London
Ming-Sung Kuo’s legal comment on the diplomatic row between Taiwan and the Philippines in the wake of the Philippine Coast Guard’s fatal shooting of a Taiwanese fishing boat on 9 May 2013 drew interest from several commentators’.
In 2021, Laura was chosen to deliver the 2021 British Science Association Social Sciences Award Lecture, in recognition of her innovative research and commitment to public engagement.
Read more here:
https://britishsciencefestival.org/sexual-consent-looking-back-at-the-law/Link opens in a new window
or
https://warwick.ac.uk/newsandevents/pressreleases/warwick_law_school_researcher_is_british_science_festival_2021_award_lecture_winner_for_social_sciences1
You can listen to Laura talk about her work hereLink opens in a new window.
Invited by UNDP HQ in New York at the Tax for SDGs Dialogues to discuss developing tax policy design aligned to the achievement of SDGs for developing countries, 14-17 November 2023. Over 55 countries in attendance.
Invited by the Kenyan Ministry of Gender to give a keynote speech on feminist perspectives on climate finance, 3 May 2023 (Nairobi).
Invited by OXFAM International and Tax Justice Network Africa as a panellist to discuss innovative tax policy reforms relating to tax incentives at the Pan African Conference on Illicit Financial Flows 28-29 September 2022 (Lusaka).
Invited by the African Peer Review Mechanism (APRM) to give a keynote on the role of youths in domestic revenue mobilisation and control of illicit financial flows at the APRM 3rd Youth Continental Symposium, 7 July 2022 (Kampala).
Invited by Pan African Lawyers Union (PALU) to discuss the role and opportunities for lawyers in the metaverse and to discuss the role of lawyers as professional enablers of Illicit Financial Flows, 28-29 July 2022 (Arusha).
Gave a keynote address alongside the US Special Envoy for Monitoring and Combatting anti-Semitism on promoting tolerance, understanding and respect to curb Islamophobia and anti-Semitism at the Park East Synagogue in New York (2019).
Engaged in public sensitisation on “Illicit Financial Flows and Secrecy Jurisdictions” alongside Nobel Laureate Sir Martin Evans at Cardiff University Public Event organised at the Chapter Arts Public Forum (2018).
Set up the 'Tax Talks' public dialogue sessions between academics, practitioners, students and the public on fiscal law and policy related issues at the University of Nairobi, School of Law. Between 2017 and 2021 we have had over 40 public engagements.
Holding discussions with the public in Mombasa and Nairobi over two weeks explaining the land law reforms proposed in drafting the new sets of land legislation for Kenya and collecting feedback (2012).
The project "Sexual and Reproductive Rights as Social Rights in Nepal: Fostering Access and Implementation" aims to analyse the recent legal developments in Nepal surrounding reproductive rights as an instance of judicial enforcement of social rights alongside their explicit recognition in the text of the new constitution promulgated in 2015. By ‘sexual and reproductive rights’ we understand the constitutional and legal framework encompassing the issues of abortion, contraception, maternal health, surrogacy, sterilisation, and in certain cases a right to education in order to make informed reproductive decisions. Nepal is one of the leading jurisdictions in Asia with regard to the constitutionalisation of reproductive rights and their expansive interpretation in a series of leading Supreme Court judgments. Judicial decisions such as the ground-breaking Lakshmi case (2009) have captured media headlines around the world, but these rights remain poorly implemented on the ground.
While Nepal features an impressive array of reproductive rights, their implementation remains uneven and often ineffective – especially for poor and historically marginalised groups, and in the more remote areas of the country. By framing sexual and reproductive rights also as an access to justice issue, we aim to contribute to fostering the way in which they are accessed and ultimately implemented in the country. Our wider project uses legal design to find creative and practical solutions to empower marginalised groups and help them improve their access to justice to foster a better implementation of reproductive rights in non-standard jurisdictions such as Nepal.
This projects builds on a long-term collaboration between iProbono, Dr Mara Malagodi (Warwick Law School), Ms Emily Allbon and Dr Sabrina Germain (City Law School), and Nepal-based Law and Policy Forum for Social Justice (LAPSOJ) within the broader framework of iProbono’s long standing project on economic, social, and cultural rights (ESCR) in Nepal.
The legal design toolkit can be previewed here: https://nepal.lawbore.net.
Through her work as part of the Scottish Feminist Judgments Project, Vanessa has been involved in hosting a number of public events and workshops, as well as artistic exhibitions and a podcast series, designed to raise public awareness of the gendered operation of law. Her work with REFUGE on domestic abuse related suicidality also prompted a collaboration that resulted in billboard campaigns in Leicester Square during World Suicide Prevention Day. Vanessa has written about - and had her research featured in - the national print & TV press.
William O’Brian was invited by the Law Commission for England and Wales to consult on its proposals regarding the use of expert evidence in criminal proceedings in England and Wales.
David Ormandy’s work on housing standards has an ongoing impact in informing public policy. From 2005, the Housing Health and Safety Rating System (HHSRS), developed by the Housing Unit between 1998 and 2004, was included in the English House Condition Survey, now the English Housing Survey, which provides data to inform central and local government housing polices.
Public Lecture:
2019 ‘Völkerstrafrechtliche Verbrechen aus Kritischer Perspektive: Der Mythos des Weges “von Nürnberg nach Rom”’ University of Würzburg.
Keynote:
2014 ‘Marketing Justice and the Commodification of Victims’, Law and Boundaries Conference, Sciences Po, Paris.
Op-Eds:
June 2020: ‘Compassionate Consumption: What Is It and Why It Won’t Solve Society’s Problems’, Teen Vogue.
April 2020: ‘We Don’t Need A ‘War’ Against Coronavirus. We need Solidarity’, Al Jazeera.
Academic Blog contributions:
March 2020: ‘A Valuable Image: The Publicity of Global Justice Actors’, part of ‘Constitutions of Value’ symposium, Verfassungsblog.
April 2019: ‘Neoliberalism: From Law to Resistance’ Globalists Symposium’, Law and Political Economy blog (invited book discussion).
Feb 2017: ‘International Criminal Court must not ignore threats of an African mass withdrawal’, The Conversation.
Oct 2016: ‘The rebranding of the International Criminal Court and why African states are not falling for it’, Opinio Juris.
Aug 2015: ‘Nils Christie’s ‘Ideal Victim’ applied: From Lions to Swarms’, Critical Legal Thinking.
I try and communicate my work to public audiences through blogs, public policy briefs and media appearances. For instance, in my current project on the human rights impact of COVID-19, I was a principal interviewee in a BBC World Service documentary on legal and ethical questions concerning the supply of a potential COVID-19 vaccine, especially in developing countries.
I was also interviewed by the Daily Telegraph for a piece on equitable health funding, , MSN, The Independent, on vaccines, by Reuters on how poor housing was creating inequity within lockdowns. I also wrote several blogs on the ways in which emergency laws could better protect vulnerable groups, such as indigenous groups, health workers and migrants.
See section on Culture and Media tab on personal staff page.
'UNHCR and the Middle East: A Shifting Dynamic?', Refugee Law Initiative Blog, 14 July 2021: https://rli.blogs.sas.ac.uk/2021/07/14/unhcr-and-the-middle-east-a-shifting-dynamic/Link opens in a new window
Presentation on current refugee situation in the Middle East, Refugees Welcome in Rugby., 25 January 2017
UN Association, Warwick & District, 'Refugees - whose responsibility are they?', 23 January 2016
Presentation, University of Warwick, UNICEF, 'Syrian refugees and access to Europe', 30 November 2015
'School Tasking': primary outreach project based on the format of the Channel 4 show, Taskmaster. Started as a pilot at Warwick Law School in 2021-22 and is now being run by 26 universities across the UK (2021-present)
'Teaching Fundamental British Values in Primary Schools': project carried out with Warwickshire primary schools involving workshops on teaching Fundamental British Values through a human rights lens (2017)
'Addressing Challenging Issues in the Social Sciences with Young People': interdisciplinary event as part of the Festival of Social Sciences with primary and secondary pupils from widening participation schools involving workshops on challenging topics within the social sciences (2016)
‘Building Blocks for Improving Human Rights Education within Initial Teacher Education in Scotland’ (2015): project considering how best to improve Human Rights Education within Initial Teacher Education in Scotland.
In 2019, David wrote a blogpost for the UK Constitutional Law Association blog entitled "Leaving the EU: A Matter of Trust?" in which, drawing on the literature on the concept of trust from various disciplines, he questioned the UK Government's reliance on trust in relation to its plans regarding BrexitLink opens in a new window.
Charlotte was invited to contribute to the 20th Anniversary Colloque of the CIVS (French Commission for the Compensation of the Victims of Spoliation)Link opens in a new window and to contribute to the Guide to the Work of the restitution CommitteesLink opens in a new window, published by the French Commission for the Compensation of the victims of the Spoliation.
In October 2022 Charlotte was invited to contribute to a roundtable at a colloquium on the Transmission of historic buildings organised by the Universities of Paris Saclay and Orléans (as part of a project with La Demeure Historique) under the patronage of the French Ministry of Culture.
The University of Oslo, Norway has published its list of honorary doctorates for 2024. Shaheen Ali is included in the list of recipients of those awarded Doctor philosophiae honoris causa. The conferment ceremony will be held at the University of Oslo on the 2nd of September 2024.
Informing Practitioners in Law, Governance and the Judiciary
Law School colleagues have helped to inform professional practice through delivering lectures to practitioners.
Christopher Bisping delivered a public lecture on ‘Predictability, Reliability and the Commercial Awareness of English Law in Comparative Perspective’ at QMUL Centre for Commercial Law StudiesLink opens in a new window, 7 February 2013. This was attended not only by students and academics, but also by practising lawyers, with the event being CPD accredited.
Henrique has submitted expert evidence on a judicial review of a parole board decision to remand someone into custody, advising on issues of racialisation and biases in risk assessments and in the law of joint enterprise.
Stephen is often asked to provide consultation to law firms and NGOs on matters of international corporate and financial law. Public events have included briefing Allen & Overy on company law post-Brexit, examining finance documentation for NGO NRGI, and producing briefing papers for Jubilee Debt Campaign and Oxfam.
Stephen is a Solicitor (England & Wales) and a member of the Frankfurt am Main Bar. His legal practice has included international syndicated finance, projects, and financial and commercial litigation where he has been a solicitor advocate in the Chancery Division, and taken cases to the House of Lords (as was) and Privy Council.
Kene was called the Nigerian Bar in 2004 and was briefly in private practice before starting his career in international development. He headed the Legal Aid Department of the Refugee Law Project, School of Law, Makerere University, Kampala, between 2009 - 2011 and was the Executive Director of AMSHeR, a regional network of LGBT and key populations-led organisations based in Johannesburg, South Africa, between 2017 - 2017. He was a member of the Lancet/International AIDS Society Commission on Global Health and HIV (2017 - 2018). He is a member of the Human Rights Institute of the International Bar Association.
Cherisse Francis has completeed APP PGR and attained Associate Fellowship of the HEA.
In June 2022 she was selected as the winner for the 2022 Warwick Awards for Teaching Excellence (WATE) for Postgraduates who teach (Social Sciences). More details about this can be viewed here: https://warwick.ac.uk/fac/cross_fac/academic-development/wate/watewinnerscategories/watesocialsciencefacultywinners/#SocSciPGRLink opens in a new window.
Policing resources & policy
Through a project co-created with West Mercia police, Hodgson demonstrated the impact on public confidence in, and victim satisfaction with, policing of a variety of forensic property marking interventions. Hodgson, J., Wade, K., Stewart, N., Hearty, K., Kyneswood, N., QuispeTorreblanca, E. and Mullett, T. (2019) Public Confidence and Crime Reduction: The Impact of Forensic Property Marking (Warwick University: COPR)
https://warwick.ac.uk/fac/cross_fac/copr/newsandevents/public_confidence_and_crime_reduction_final_report.pdfLink opens in a new window
Research & Training with Legal Practitioners
Jackie has delivered numerous training and consultancy roles with Chinese and Japanese judges - In Beijing with the Great Britain China Centre; through hosting delegations at Warwick; and most recently, by participating in a three-day programme in London in 2020.
Jackie's work has helped to inform professional practice through delivering training to practitioners in the UK and Brussels, including to Appropriate Adults; lawyers preparing applications to the Criminal Cases Review Commission; EU policy-makers; police officers involved in interviewing young suspects; and lawyers providing custodial legal advice i ireland following legislative reform.
Through the establishment of the Centre for Operational Police Research (COPR), Jackie Hodgson, together with colleagues from Warwick Business School (WBS) and Psychology, has built a network of police forces across England and Wales . Centre members are drawn from across the university and projects are co-created with police as partners.
New Legal Standards for Criminal Justice
Jackie Hodgson’s empirical criminal justice research has resulted in the creation of new legal professional standards enforced through a mandatory scheme of accreditation for lawyers providing legal advice to those in custody.
At present the 10,000 individuals currently providing police station advice are all accredited under this scheme and around 3.3 million of the 8.2 million suspects arrested since 2008 have received legal advice by an accredited adviser under this scheme. The research has also had an impact at a conceptual level, reframing understandings of the role of lawyers and influencing policy in Scotland. Collaborative training with lawyers, NGOs and the Criminal Cases Review Commission (CCRC) Link opens in a new windowhas developed the skills of those providing adviceLink opens in a new window and has thus contributed to capacity-building across the UK.
Her work has also had an impact on the implementation of policy in Scotland. The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010Link opens in a new window having made new provision for the right of a detained suspect to access to a lawyer, Hodgson, together with Jodie BlackstockLink opens in a new window from JUSTICELink opens in a new window, provided training to more than 60 Scottish lawyers in 2011, to alert lawyers to the crucial importance of their newly established role at the police station and the need for personal attendance rather than telephone advice. The findings from her research and the impact of the reforms on practice were distilled into a short guide for those attending (Police Station Advice: Promoting Best Practice). Subsequently, in 2012, Lord Carloway’s Review of new arrangements allowing lawyers into the police station in Scotland, drew on this briefing and her earlier research in Custodial Legal Advice (1993) to highlight the importance of training in ensuring high quality provision of advice, as well as the importance of retaining the right to silence. Her study of the impact of legal representation The Extent and Impact of Legal Representation on Applications to the Criminal Cases Review CommissionLink opens in a new window (J Hodgson and J Horne, 2009) has also had an impact on the Scottish Criminal Cases Review Commission (SCCRC)Link opens in a new window, stimulating it to carry out its own assessment of the impact of legal representation, explicitly mirroring the study carried out by Hodgson.
Service to Scholarly Societies:
2023-2028
Co-Director of the International Society for the History and Theory of Intellectual Property (ISHTIP): www.ishtip.org
2018- 2023
Member of the Organizing Committee for the Association for the Study of Law, Culture, and the Humanities: https://lawculturehumanities.com/about-lch/
Organisation:
1 July 2021
A Panel Discussion on The State of Intellectual Property Law Scholarship and Pedagogy in Times of Covid-19 Pandemic.
Hosted by Center for Social Critiques of Law, Kent Law School, University of Kent
4 May 2020
‘Patent Capital in the Covid-19 Pandemic’.
Hyo Yoon Kang (Kent) in conversation with Mario Biagioli (UCLA) and Javier Lezaun (Oxford)
hosted by International Society for the History and Theory of Intellectual Property and ERC Project Patents as Scientific Information.
Admitted to the Kenyan Bar in 2011. Member of the Law Society of Kenya and the East Africa Law Society.
- 2010-2011 Pupilage at Okoth & Kiplagat Advocates
- 2011-2013 Associate at Rachier & Amollo LLP
- 2014-2017 Senior Associate at Rachier & Amollo LLP
- 2020 - (current) Chief Executive at Lai'Latif & Co Advocates
Informing Practitioners in Law, Governance and the Judiciary
Law School colleagues have helped to inform professional practice through delivering lectures to practitioners.
Kathryn McMahon was an invited commentator at an EU-funded workshop on Challenges Faced by Judges in Enforcing Competition Law; EU and National Perspectives in April 2013. She also participated in a workshop for judges of Eastern Europe and new accession countries, at the Florence Centre for RegulationLink opens in a new window, European University Institute, Florence. She has also delivered lectures on EU and UK competition law for Office of Water Regulator (OFWAT)Link opens in a new window.
Prof Irit Mevorach
Irit has given various professional courses on insolvency and international insolvency including as consultant to INSOL EUROPE (in Romania, Cyprus) and through the International Insolvency Institute (in India).
With colleagues, Vanessa has provided training on assessing credibility in rape cases to police leads, the Crown Prosecution Service, and as part of annual Judicial College training. She has also provided training to Immigration Judges following research into decision-making in asylum cases where female claimants report allegations of rape as part of their persecution. As part of the Scottish Feminist Judgments Project, she has provided training to the Law Society of Scotland, Faculty of Advocates, and to lawyers working at the Scottish Parliament.
In February 2023 Luminita has been asked to act as the UK National Reporter for the Intellectual Property Law Question at this year’s Ligue Internationale du Droit de la Concurrence Congress (LIDC). In her role as national reporter, she prepared an analysis on the UK trade mark law mechanisms aimed at curtailing over-broad trade mark rights and attend the Congress session where the conclusions of my report will be discussed.
She will discuss her findings at the 2023 LIDC Congress taking place in Gothenburg, Sweden, 21-24 September.
Informing Practitioners in Law, Governance and the Judiciary
Law School colleagues have helped to inform professional practice through delivering lectures to practitioners.
Paul Raffield is frequently asked to speak at the Inns of CourtLink opens in a new window, on the history of these societies. In February 2013 he gave a keynote address at the Middle Temple on ‘Men of Violence, Men of Vision: John Davies and John Marston at the Middle Temple’.
Impact on Criminal Defence Litigation Strategy in:
- R v McNally [2013] EWCA Crim 1051 (Leveson LJ) (defence counsel: Tom Wainwright)
- R v Newland 15/9/2015 (Unrept, Chester Crown Court) (Judge Dutton) (defence counsel: Nigel Power QC)
- R v Newland 29/6/17 (Unrept, Manchester Crown Court) (Judge Stockdale) (defence counsel: Nigel Power QC and Tom Wainwright)
Executive Programme: Warwick Business School-Bank of England, Executive Postgraduate Programme, MSc Central Banking and Financial Regulation: Co-teach on: Module 2 Financial Stability & Approaches to Financial Regulation and Supervision; and Module 3 Financial Regulation & Supervision in Practice; Dissertation Supervisor, 2015-2019.
Training: Co-ordinating regulatory and supervisory policies and Session (2) Overcoming the home-host dilemma in cross-border regulation and supervision; Basel III: Implementing the Global Regulatory Framework, London, 25th – 26th September 2019.
Training: Overcoming the home-host dilemma in cross-border regulation and supervision, Financial Regulation and Supervision: Design and Implementation, 10th – 13th September 2019, Downing College, University of Cambridge. The Role of Independent Fiscal Agencies in Government Debt Management, Government Debt
Management: New Trends and Challenges, Date: Friday 16th September, 2016, Christ’s College, Cambridge.
Training: Cross-border and foreign banks regulation and supervision: the home-host dilemma: Financial Regulation and Supervision: Design and Implementation, 15th September, 2016, Christ’s College, University of Cambridge.
Executive Seminar: European Stability Mechanism, Executive Seminar on Bank Resolution - 14/15 July 2016, EUI, Florence.
Training: Bank of America – MBNA, Chester UK Regulations US and UK Masterclass, Institute of Credit Management, Two Day Training Session 10th – 12th March 2015.
Training: Bank of America – MBNA, Chester UK, Three Day Training Workshop, UK and US Regulation of Consumer Credit, Bank of America – MBNA, Chester, UK, Masterclass, Institute of Credit Management, 9, 10 and 11th June, 2014.
Executive Seminar: International Financial Sector Reform and Compliance with the Basel Core Principles for Effective Banking Supervision: The East Asia Experience, ACCA HK Conrad Hotel, Hong Kong, 26-Oct-2007.
Key to the development of tax as a legal discipline is a challenging and productive dialogue between the academy and the practising profession. This dialogue is only enhanced by an emphasis on history and philosophy in the academic study of the subject. I am a keen participator in that dialogue, contributing to a wide professional and contextual understanding of tax law and policy, in my writing and also in symposium, workshop and informal discussions with practitioner colleagues.
Promoting Gender Justice in Asia
Ann Stewart’s research on gender justice has improved standards in training judges and managers in Asia.
Between 1996 and 2002, Stewart was involved in a highly innovative gender and law judicial education project in India. Funded through the UK’s Department for International Development (DFID)Link opens in a new window in conjunction with the Indian Government, it was a development project, involving collaboration between the National Judicial Academy of IndiaLink opens in a new window, Warwick Law School and the British CouncilLink opens in a new window. Its aims were to facilitate discussion of gender issues; to develop curricula for use within judicial training institutions; to develop training skills of key judicial staff; and to encourage the development of organisational change. Participants were drawn from the most senior ranks of the subordinate judiciary, the district and sessions judges, who are responsible for serious crimes and substantial civil matters. Most of the participants were involved in a final stage involving collective implementation via regional ‘pilot’ one day seminars attended by 35-50 fellow district and sessions judges from local and neighbouring states, at which they tested their materials and training capabilities. At the end of the four years the British Council obtained funding from the UK British Foreign and Commonwealth Office Link opens in a new windowto conduct ‘roll out’ seminars across India. Over the course of the next two years 3000 judges attended three day workshops conducted by the most capable trainer judges using the collective materials overseen by Stewart. Subsequent follow-up interviews, carried out in 2010 found that the project has had a long-term effect on the individual participants, changing attitudes and encouraging behaviour change.
See further:
-‘Gender and Judicial Education in India’ (2013) in (eds.) U. Schultz and G. Shaw, Gender and Judging (Oxford, Hart), pp 523-542.
-'Globalising gender justice' (2007) Law, Social Justice and Global Development
-‘Judicial Attitudes to Gender Justice in India: The Contribution of Judicial Training’Link opens in a new window, (2001) Law, Social Justice and Global Development
Since 2022, Christian has delivered lectures to the Civil Continuation Training run by the Judicial College about current developments in his field of expertise and his ongoing research work.
As a member of the Museums Association Ethics Committee (2013-2019) Charlotte was involved in drafting the 2015 revised MA Code of Ethics.Link opens in a new window
After Preston: Research impact and engagement through theatre
In December 2023 "After Preston", a play written by Amahra Space and commissioned by Warwick and the Belgrade Theatre was performed at the Belgrade to an audience of young people, police, artists and creatives, academics and criminal justice practitioners. The play was inspired by the research findings of Hodgson & Lewis in their evaluation of the police partnership in Coventry UK City of Culture.
Research as an integral part of UK Cities of Culture
Commissioned by the AHRC, Jackie has worked with a team of researchers to demonstrate the impacts of UK City of Culture and the importance of research in the planning, delivery and legacy of the UK City of Culture programme. The first release from the Warwick Cities of Culture Project is the Review: The UK Cities of Culture Project: Towards a Research-Informed ApproachLink opens in a new window. This will be followed by a Future Trends series of papers on measuring and understanding the value of Cities of Culture, as well as several round table events with policy-makers and practitioners in Warwick, London and Bradford - the next UK City of Culture in 2025. The findings of the Review are also pitched specifically to a practitioner audience through a publication in Arts Professional.
Researcher-Artist collaborations
As an individual researcher, and in her role as Deputy Pro-Vice-Chancellor for Research, Jackie has fostered strong links between artists and researchers. As PI in the Coventry Creates project (2020, 2021) she commissioned 30 artists to produce digital artworks in response to academic research. The impact of this was explored through a research evaluation (Dunford, E and Hodgson, J. (2021) Coventry Creates: developing impact through artist-researcher collaborationLink opens in a new window resulting in a practical toolkit for future collaborations (Dunford, E and Hodgson, J. (2021) Artist-Researcher Collaborations with Coventry Creates: sharing knowledge and inspiring innovation (Toolkit based on learning from Coventry Creates evaluation)
Her project Emerging from Lockdown, translated the data from research interviews into a fictionalised narrative story, as well as setting the theme for a major public photographic project - The Coventry Grid Project - organised in the summer of 2021 in Coventry city centre. She produced a short film that narrated the fictionalised story and included the Grid Project images. As part of City of Culture, this was screened at the Feelings of Freedom Festival in 2021 at Warwick Arts Centre, together with an exhibition of the Coventry Grid photographs. You can read more about this project on our City of Culture webpagesLink opens in a new window and on the Centre for Operational Police Research websiteLink opens in a new window
Hodgson chaired a discussion panel following a play about Criminal Women at the Birmingham Rep theatre in 2017. She delivered a pre-performance public lecture on the law’s response to terrorism before the Scottish National Theatre’s production of Black Watch at the Arts Centre in 2008.
Advisory board member of the European Research Council-supported Children’s Photography Archive, led by Melissa Nolas and Christos Varvantakis: https://childphotoarchive.org/Link opens in a new window
Co-sponsor and content moderator for zirk.us, a Mastodon server for arts and humanities community. Profiled in The New Yorker, ‘What fleeing Twitter users will – and won’t – find on Mastodon‘ by Kyle Chayka (22 November 2022)
Law as Creative Art
Through Warwick Arts Centre, colleagues have been able to access a broader audience for their research. In 2013 the ‘This is Tomorrow’ project involved Jackie Hodgson, Solange Mouthaan, Rebecca Probert, Paul Raffield, Andrew Williams and Charlotte Woodhead all sharing their research with creative artists.
The Scottish Feminist Judgments artistic exhibition has been hosted at venues across central Scotland, including during the Edinburgh International Fringe Festival. It was also hosted in a venue in Leamington Spa as part of the 2020 ESRC Festival of Social Sciences.
Law as Creative Art
Through Warwick Arts Centre, colleagues have been able to access a broader audience for their research. In 2013 the ‘This is Tomorrow’ project involved Jackie Hodgson, Solange Mouthaan, Rebecca Probert, Paul Raffield, Andrew Williams and Charlotte Woodhead all sharing their research with creative artists.
Public Lectures bringing ideas to life through David Bowie:
'Flirting with Fascism: The Thin White Duke, Art and Ethical Limits' (Warwick University January 2021). This lecture focused on the relationship between art, aesthetics and ethics. See https://www.youtube.com/watch?v=dndz5K3-caQ&feature=youtu.beLink opens in a new window
'Authenticity: What a Drag!' (David Bowie Festival, Dublin January 2021). This lecture focused on the relationship between in/authenticity and truth. See https://www.dublinbowiefestival.ie/catchupLink opens in a new window
'Cutting Up Bowie: The Burroughs Effect' (David Bowie Festival, Dublin January 2020). This lecture focused on the impact of William Burroughs cut-ups writing method on the creative output of David Bowie.
'Scary Monsters: the hopeful undecidability of David Bowie' (ASU, Phoenix; ANU, Canberra; QUT, Brisbane; Birkbeck Cinema, London (2016); Queer Up North Festival, Contact Theatre, Manchester; Keele University (https://www.youtube.com/watch?v=60D1Uv8CBWYLink opens in a new window); Edinburgh University (2017); Sheffield University (2018)) This lecture focused on the legal category, and social theory outsider template, ‘Monster.’
Other Arts/Cultural Events:
David Bowie World Fan Convention, Liverpool 2022: 'Why is David Bowie Important?' panel discussion with academic, Dr Bethany Usher, Cambo (John Cambridge, original member and drummer in David Bowie's band, Hype 1970), and Woody Woodmansey, drummer in Ziggy Stardust & the Spiders from Mars.
The Grand Exposition, Artists and Technologists Collective, Talbot Mill, Manchester, 2017: panel discussion regarding AI & utopias/dystopias.
Sick Festival, Contact Theatre, Manchester 2016: 'Fluid and Fractured Identities' panel discussion with poet, Lemn Sissay and performance artist, Hetain Patel.
In 2021, David participated in the Feelings of Freedom Festival as part of the Resonate Festival/Coventry U.K. City of Culture. He delivered a provocation entitled "Can We Trust Our Government to Take Care of Us?" in which he explored with the audience what it means for us to "trust our government" with matters such as the management of COVID-19 and the delivery of social or public housing, and whether the law, including the courts, can promote this trust.
In 2016, which was the four-hundredth anniversary of Shakespeare’s death, I toured venues in South-East Australia with the Shakespeare-themed show A Strange Eventful History. The show was conceived by me jointly with Antony Pitts, Director of Australia’s leading professional choral ensemble, The Song Company. My role was to write and perform a narrative text to accompany Shakespearean texts delivered by me alongside music performed by the Song Company. The tour and the text provided opportunities to implement and publicise ideas about rhetorical performance developed in the preceding decade in rhetoric workshops I had led for the Royal Shakespeare Company. Those ideas culminated in my monograph study Shakespeare’s Acts of Will: Law, Testament, and Properties of Performance that was published in 2016, the year of the tour, by Bloomsbury Arden Shakespeare. In the course of the tour I gave a number of press interviews and radio interviews, including as the featured guest on Margaret Throsby’s Midday programme, Australia’s equivalent of Desert Island Disks (ABC radio, 21/6/16, 45 minutes) https://tunein.com/podcasts/Classical-Music/Midday-with-Margaret-Throsby-p38694/?topicId=107027518Link opens in a new window.
Other Shakespeare performances include:
Frome Festival 2019 (Fakespeare: The Great Shakespeare Forgery) One-man show
Verona, As You Law It (Conference performance with violinist Francesca Lorenzetti)
Law as Creative Art
Through Warwick Arts Centre, colleagues have been able to access a broader audience for their research. In 2013 the ‘This is Tomorrow’ project involved Jackie Hodgson, Solange Mouthaan, Rebecca Probert, Paul Raffield, Andrew Williams and Charlotte Woodhead all sharing their research with creative artists.
In December 2022, Shaheen Ali was appointed as member of the International Independent Fact-Finding Mission on Iran (FFMI) by the President of the Human Rights Council of the United Nations. Supported by a secretariat based in Geneva, the mission investigated human rights violations during protests following the death in custody of Jina Mahsa Amini. An interim oral update was presented to the Human Rights Council by the mission in July 2023. The final report will be presented in March 2024.
In January 2024, the Independent International Panel (the Panel) on Arbitrary Detention in State-to-State Relations was formed by the Government of Canada to identify, clarify and address gaps in international legal frameworks related to arbitrary detention for political leverage. Shaheen Ali was appointed as a member of this expert panel that will work on an interim report (December 2024) followed by a final report in June 2025. For details see, https://www.international.gc.ca/world-monde/issues_development-enjeux_developpement/human_rights-droits_homme/arbitrary_detention-detention_arbitraire-biographie.aspx?lang=engLink opens in a new window
I was Member and Vice-Chair of the United Nations Working Group on Arbitrary Detention (WGAD) from 2008-2014.
Kene worked with the United Nations Development Programme in New York as the Policy Specialist - Human Rights, Law and Gender (2018 - 2023). His work focussed on creating enabling legal and policy environments for effective health and development programmes and addressing stigma and discrimination that undermine HIV and health initiatives. He coordinated the Secretariat of the Global Commission on HIV and the Law, supporting governments to implement the Commission's recommendations. He led the development of several publications, including 'Making the Law Work for Women and Girls in the Context of HIV' (2020), 'Guidance for Prosecutors on HIV-related Criminal Cases' (2021), and Guidance on the Rights-Based and Ethical Use of Digital Technologies in HIV and Health Programmes' (2021).
He conceived and helped to establish the COVID-19 Law Lab, a database of laws and policies deployed by countries as part of the COVID-19 pandemic response. He served on UNDP's inaugural Advisory Group on Anti-Racism and Non-Discrimination, tasked with proposing recommendations to the Executive Group on addressing systemic racism across the organisation.
Shaping Empowerment and Democracy in Inter-Governmental Organisations
Julio Faundez’s research on access to justice and on empowerment and democracy has been influential in shaping the policy of inter-governmental organisations, such as the World Bank and the Inter-American Development Bank, and of bilateral donor agencies, such as DFID. It has contributed to shifting the focus of legal reform projects from an almost exclusive focus on an ideal-type vision of state institutions towards the wider institutional approach that takes into account the plight of vulnerable groups.On the basis of his work on democracy and legal empowerment, in 2007 the ILO invited Faundez to carry out a study on whether international labour standards, as embodied in relevant treaties and recommendations, benefit workers in small and micro-enterprises, most of which are in the informal sector. The ILO published his resulting report in 2008: A View on International Labour Standards, Labour Law and MSEs (ILO: Geneva, Employment Working Paper No. 18).
His work on non-state justice was cited in the Organisation for Economic Co-operation and Development’s 2008 paper, Enhancing the Delivery of Justice and Security. Building on his body of work in the area of non-state justice and security systems, in 2009 he (together with Alison Lochhead and Lt. Col. Hugh Evans) was then requested by DFID to prepare a report on these issues. The resulting report, Lessons Learned From Selected DFID Justice and Security Programmes—Study to Inform the White Paper Process (2009) advised that ‘DFID should reaffirm its comprehensive and pro-poor approach to justice and security, but should ensure that its programmes are firmly linked to sustainable development outcomes’. This Report was used as one of the background papers for the DFID’s White Paper Eliminating World Poverty: Building our Common Future (2009). This White Paper drew specifically on the insight that security and justice projects should not lose sight of the close link existing between security, justice and sustainable economic growth.
In 2010 Faundez was invited by the World Bank to participate in its Legal Pluralism and Development Policy workshop. This workshop led to the publication of an edited collection, published by Cambridge University Press in 2012, entitled Legal Pluralism and Development Scholars and Practitioners in Dialogue. This collection is the first World Bank-sponsored publication to include articles by leading international scholars and development practitioners with expertise in legal pluralism, reflecting an important development in the provision of research evidence to policy-makers.
Following this publication, in 2012 the World Bank invited Faundez to be part of a group of experts to address issues relating to the justice-security-development nexus with special reference to fragile and conflict-affected countries. The aim of the project is to provide practical guidance on how the World Bank might promote legitimate and effective institutions to manage injustice and insecurity in fragile states. At the expert group meeting, held in November 2012, Faundez was invited to comment on the practical problems arising from the efforts to link justice with security and development concerns. His comments, together with those of other participating experts, led to a revision of the World Bank’s discussion paper on this topic (The Justice-Security-Development Nexus: Theory and Practice in Fragile and Conflict-Affected States). This discussion paper was published in 2013 by The Hague Journal on the Rule of Law (5(2)).
Faundez’s 2003 Report for the DFID on non-state justice in Latin America has also contributed to improve public understanding of the issues, having been widely disseminated among development practitioners. This Report is also cited in the DFID’s influential Briefing Note on Non-State Justice and Security Systems (DFID 2004), which continues to be a key reference point in this field.
His research on research on community justice and legal pluralism helped Amnesty to clarify aspects of Bolivia’s legislation relating to the relationship between state judicial systems and dispute resolution mechanisms employed by indigenous peoples in rural areas (Ley de Deslinde Jurisdiccional). As a consequence, in 2010 Amnesty issued an open letter to the Plurinational Legislative Assembly of Bolivia, which identifies the issues that legislators should take into account when defining the jurisdiction of various parallel systems of justice.
Since 2009, Faundez has been actively involved in the activities of the World Justice Project, an NGO based in Washington that publishes the prestigious Rule of Law Index and constitutes a multinational and multidisciplinary initiative to strengthen the Rule of Law worldwide. He participated in their major research project on access to justice, which culminated in the publication of two edited collections (Global Perspectives on the Rule of Law and Marginalised Communities and Access to Justice) in the series Law, Development and Globalization, of which he is the sole editor. Faundez also supported the World Justice Project in a study on the use of indicators for measuring the impact of rule of law and governance. The findings of this study were published as a special issue of The Hague Journal on the Rule of Law in 2011.
Making Human Rights Reporting Legally-Binding in International Trade Agreements
James Harrison’s research was integral to the incorporation of the first ever legally-binding human rights reporting process in an international trade agreement.Harrison was commissioned by the Canadian Council for International Co-operation to apply his research to the Canada-Colombia context and his resulting paper, Conducting A Human Rights Impact Assessment Of The Canada-Colombia Free Trade Agreement: Key Issues, was a major influence on the policy debate, both in parliament and in civil society campaigns. He presented it to key parliamentarians and civil society actors (via webcast seminars), gave evidence to the subsequent Parliamentary enquiry into the Canada-Columbia Free Trade Agreement (FTA) (see http://www.parl.gc.caLink opens in a new window), and was part of a small expert advisory group advising the Canadian Department for Foreign Affairs and Trade on the appropriate methodology for the Canada-Colombia FTA reporting process. The agreement concerning annual reports on human rights and free trade between Canada and Colombia was signed in May 2010 and the free trade agreement was implemented in 2011. Harrison has since given evidence to Parliamentary hearings in relation to the first year of the reporting process.
Harrison’s work has also informed the development of policy on Human Rights Impact Assessments within the United Nations. In June 2010 the UN Special Rapporteur on Food, Professor Olivier De Schutter, convened a meeting of experts in Geneva to advance methodologies and thinking for undertaking HRIAs for trade and investment agreements. Harrison was commissioned to produce the main background paper for the meeting, applying his research to the UN context. He subsequently formed part of a small expert group responsible for assisting the UN Special Rapporteur in drafting the UN Guiding Principles of Human Rights Impact Assessments of Trade and Investment Agreements. These principles are now the key reference document for States that are undertaking HRIAs.
May 2023: Commentator on the South Centre (the intergovernmental policy research and analysis institution of developing countries) Roundtable on EU Digital Act and Data Governance.
September 2022: Speaker on the WTO Public Forum panel with a presentation on 'TRIPS and the ‘publics’ of patent law, organised by Third World Network and People’s Health Movement.
September 2021: Speaker on the WTO Public Forum panel on the ‘The Future of the TRIPS Agreement Post Covid-19′ organised by the intergovernmental organisation, South Centre, together with Dr. Yuanqiong Hu, MSF Access Campaign, Geneva, Dr. Dean Baker, Center for Economic Policy and Research, Washington DC, and Dr. Carlos M. Correa, Executive Director of the South Centre.
The panel discussion was moderated by Dr. Viviana Muñoz-Tellez, Coordinator of the Health, Intellectual Property and Biodiversity Programme of the South Centre.
My intervention stressed the need for technology transfer as part of TRIPS’ promise.
United Nations Economic Commission for Africa
Drafted a technical paper for UNECA on international tax cooperation and governance as a precursor to guide African countries to adopt a common approach towards developing the terms of the UN Framework Convention on Tax following UN Resolution A/C.2/78/L.18/Rev.1.
Office of the United Nations High Commissioner for Human Rights
Developing a normative and methodological framework of principles and guidelines through which a human rights analysis of a state’s fiscal transparency and public accountability of social spending measures can be empirically examined and recommendations made to prevent states from adopting regressive measures that could limit and dismantle progress made so far in achieving and implementing ESCR.
UN Office of the Special Adviser on Africa
Conducted an in-depth study on the corruption and money laundering interface in African countries examining its impact on peace and security, humanitarian work, development and human rights.
Friedrich Ebert Stiftung
Consulted for FES to draft a position paper for the African Union on reforms on international corporate taxation and the fight against illicit financial flows.
WHO
Consulted for the World Health Organization under grant number 2014/483935-0 to investigate the extent to which human rights principles are applied in health policy making and programming in Kenya.
European Commission
Worked under a grant funded by the European Commission’s Directorate for Research and Innovation (Go4Health project EU FTP 7) towards researching and publishing on formulating new goals for the right to health and proposing a new governance, legal and financing structure to realise these new goals (lead researcher under Work Package 3).
UNIDROIT Working Group on Bank Insolvency, co-Chair of subgroup III (2020- present).
UNCITRAL Working Group V (Insolvency Law): advisor to UK delegation (2006-present); World Bank representative (2013-2015); Expert Group member (2013- present); UK Correspondent, Case Law on UNCITRAL Texts (CLOUT) (2018-present).
World Bank: Senior Counsel, Head of Insolvency and Creditor-Debtor regime initiative and Head of World Bank insolvency global task force (2013-2015).
Consultant (2015- present). Author and co-author of World Bank Reports on the Observance of Standards and Codes (2013-2015).
FSB (Financial Stability Board) Resolution Legal Expert Group, World Bank expert advisor (2014-2015).
European Bank for Reconstruction and Development, Consultant (2004).
Contributed to the Kenya case study of the World Bank 2016 report "Benchmarking Public-Private Partnership Procurement: Assessing Government Capability to Prepare, Procure and Manage PPPs".
Contributed to the Kenya case study of the World Bank 2015 report "Benchmarking Public-Private Partnerships Procurement 2015 - A Pilot in 10 Economies".
Submissions to International Legal Bodies:
International Commission of Jurists regarding ‘Misuse of Criminal Laws in the areas of Sexuality and Gender Identity’ (March 2019)
Advisory Panel Member 2008-present:
The International Association of Deposit Insurers (IADI), Basel Switzerland (Expert Opinions on Guidance Papers) http://www.iadi.org/en/core-principles-and research/advisory-panel/Link opens in a new window
Sub-Committee Member of Crisis Management and Contingency Planning: Guidance Paper to operationalise core principle 6 of the IADI Core Principles of Deposit Insurance: Panel of International Association of Deposit Insurers, BIS, Basel, Switzerland
World Bank (FINSAC) participated in the research of the Small Host project, part of the Vienna Initiative. http://documents.worldbank.org/curated/en/469031468198232774/pdf/105607-AR-PUBLIC-FinSAC-Annual-Report-2015.pdfLink opens in a new window, at p, 36-37
IMF: Review of draft microfinance legislation 2003; and Invited participant to the ‘Policy and Practice Conference, Bank Insolvency in the Caribbean – Law and Best Practice (Detecting and Managing Banking Crises: Assessment of the Global Financial Crisis of 2007–2009) Principal Sponsor CARTAC, Rose Hall Resort, Montego Bay, Jamaica, 24-26th March 2010
High Level Policy Seminars
Adrian Dumitrescu, Dalvinder Singh, Oana Stefan, Limits for the ECB when Adopting Soft Law Instruments
in the Field of Banking Supervision, ECB Legal Research Programme (Senior Scholars Group), ECB, Frankfurt am Main, Germany, 27th March 2021.
The Choice between Judicial and Administrative Sanctioned Procedures to Manage Liquidation of Banks, International Conference Deposit Insurance and Bank Liquidation: Standards, Best Practices and Innovations, Saint Petersburg, Russia, IADI Asia Pacific Regional Committee (APRC) 2019 Annual Conference, Thursday 27
June 2019
The choice between judicial and administrative sanctioned procedures to manage liquidation of banks: a transatlantic perspective: Towards building a more resilient financial system – Challenges in Deposit Insurance and Bank Resolution, Bank for International Settlements, Basel, Switzerland, 23 – 24 May 2019
Keynote: Minimising the Asymmetry of Information in Banks in Distress – Lessons for Deposit Guarantee Schemes: Resolution and Deposit Guarantee Scheme in Europe: Incomplete Processes and Uncertain Outcomes, IADI – European Regional Committee, International Conference, Castel dell’Ovo - Via Eldorado, 3 Naples, Italy,
23 March 2018
Addressing the Information Asymmetry between Banks and Regulators: The Role of Peer Monitoring, Designing an Optimal Deposit Insurance System – Theory and Practice, IADI, Bank for International Settlements, Basel, Switzerland, 1 – 2 June 2017
Cross-Border Bank Supervision and Resolution: The Home-Host Dilemma for Significant-Material Subsidiaries from a ‘Small’ Host State Perspective, Dalvinder Singh, School of Law, University of Warwick, at Financial Sector Advisory Center (FinSAC) Conference on EU Bank Resolution and Workshop on Bail-in December 12-13, 2016, Vienna, Austria. See: https://www.worldbank.org/en/events/2016/12/12/finsac-conference-on-eu-bank-resolution-and-workshop-on-bail-in#3Link opens in a new window.
The Role of the External Auditor in Bank Supervision: A Contextual – Policy Approach, World Bank - FinSAC Regional Seminar on the Single Supervisory Mechanism, InterContinental Hotel, Frankfurt, Germany, November 3-4, 2015, with JR LaBrosse, “Crisis Management Recent Experience and Effective Practices” Symposium on financial crisis management and the use of government guarantees, OECD Paris, France, 3-4 October 2011 - Paris, France.
Conference Paper: The UK Banking Act 2009, Pre-Insolvency and Early Intervention: Policy and Practice Conference, Bank Insolvency in the Caribbean – Law and Best Practice (Detecting and Managing Banking Crises: Assessment of the Global Financial Crisis of 2007–2009) Principal Sponsor IMF-CARTAC, Rose Hall Resort, Montego Bay, Jamaica, 24-26th March 2010.
Conference Paper[s]: 1) Deposit Insurance, UK Experience and 2) Corporate Governance and Banks, ‘Banking Reforms in Nigeria: What Next After CBN’s Intervention’, Lagos, Nigeria, 11 February 2010, Business Day, Sponsored by Central Bank of Nigeria and Nigeria Deposit Insurance Corporation.
Conference Paper: with JR LaBrosse, Deposit Insurance and Public Awareness: Northern Rock, Deposit insurance and Consumer Protection, 6th International Association of Deposit Insurance Conference 31-Oct-2007, The Westin, Kuala Lumpur, Malaysia.
International Consultation Process: Title of Conference Paper, ‘The Balance between Legal Responsibility and Protection’ presented at the 5th International Association of Deposit Insurance Conference, 13-17th November (2006), Copacabana Palace Hotel, Rio De Janeiro, Brazil.
Presentation to UNESCO on Access to Education for refugee children and contribution to drafting of new Policy Statement on Refugees and the Right to Education, 2019-2019.
Celine Tan was commissioned by the United Nations Conference on Trade and Development (UNCTAD) to write a background paper on climate finance, ‘Confronting Climate Change: Towards A New International Agenda for Meeting the Financial Challenges of the Climate Crisis in Least Developed Countries’ to feed into their Least Development Countries'(LDC) Report 2010.
In 2022, David was selected as an Academic Adviser to the Commonwealth Scholarship Commission in the UK (CSC) for a period of 3 years.
About REF
The Research Excellence Framework (REF) is the system for assessing research in UK higher education institutions (HEIs) and is carried out every six or seven years.
REF 2021 Results:
Warwick Law School was ranked 8th for outputs, equal 10th for environment and equal 8th overall in the UK*
Research Excellence Framework UK 2021.
*According to Times Higher Education
Read a more detailed breakdown of the WLS REF 2021 resultsLink opens in a new window