2020 No 23

The 'Future of Plastics' Project Andrew Burrows appointed to the Supreme Court 'Remembering Rwanda' wins award New Law and Technology Course Reproductive Health and Human Rights

FACULTY OF L AW Editor: Clare Oxenbury-Palmer Designed by: windrushgroup.co.uk Printed by: Oxford University Press

The Oxford Law News is published annually Dean’s Letter CONTENTS by the Faculty of Law, University of Oxford

This will be my last Dean’s Dean’s Letter 3 Cover photos: Plastic pollution in ocean environmental Letter in the Law News 4-8 problem. Turtles can eat plastic bags News, because Student News 9 mistaking them for jellyfish by Richard Carey on Adobe Stock my term of office Water efficiency in the public sector 10-11 Andrew Burrows comes to an end Can the law help us to relate to each other better? 12-13 Data – Law and Technology in September of ‘Remembering Rwanda’ Team at the Oxford Human Rights Hub: ‘Shaping the Future’ 14-15 VCPER awards Bayush and her friends this year. Law Faculty Blogs 16-18 in Ethiopia Photographer Jessica Lea Department for Photo: Piranha Photography Erasmus+ and the Oxford Law Faculty 19 International Development Access & Outreach 20-21

New Faculty members 22-23 I always expected the job to be challenging, and so both those who read law at Oxford and those who did it has proved, but no-one could have foreseen the something else and ended up pursuing a career in law. Farewell 24 turmoil of the past few weeks, as we have confronted I have loved hearing your stories about Oxford – your the Coronavirus pandemic. Of course, my first thought memories of tutorials with demanding tutors, essay Research News 25-29 is for the wellbeing of colleagues, students and alumni crises, and (for those of a certain age) climbing back New Modern Slavery Centre 30-31 and their families and friends, and it is my sincere hope into your college late at night after the gate was locked that all of you have been able to stay safe and well – and hearing how your Oxford education helped to The Death Penalty Research Initiative 32-33 Keep in touch during these difficult times. shape your career. Your loyalty to, and support of, our Law Faculty has been a constant in changing times The Future of Plastics 34-35 Alumni enquiries: As I write, we have moved to online teaching and Maureen O’Neill and you are our very best and most enthusiastic assessment for the remainder of this academic year, Business Law and Human Rights 36-37 [email protected] ambassadors. I am sorry that I have not been able to in order to enable our wonderful students to complete Editorial enquiries: thank you for this support in person this year, but I do Events 38-39 their courses. Both academic and administrative staff Clare Oxenbury-Palmer so now, from the bottom of my heart. in the Faculty have shown great tenacity and ingenuity [email protected] Alumni News and Events 40-43 in solving the unprecedented challenges we have I will be staying at Oxford as a professorial fellow of Oxford Law News Alumni profiles –Stefanie Wilkins & Wande McCunn 44-45 faced. Our aim is to continue to provide a great Oxford Brasenose College and I am looking forward to having Faculty of Law educational experience, albeit with a rather different more time for research and teaching. It has been a St Cross Building Honours 46-48 look and feel, and to return to normal as soon as it is great privilege to be Dean of the best law school in St Cross Road safe to do so. Many colleagues have started to blog the world and I am delighted to be handing over to The Origin of the Martin Wronker Price 49 Oxford or write about the various legal issues arising out of Professor Mindy Chen-Wishart, of Merton College. I OX1 3UL Scholarships and Prizes 50-51 Coronavirus, and you can follow their work on the know that Mindy will do an excellent job, and I wish her Connect with us Faculty’s website. every success. Books 52-53 @OxfordLawFac Until the pandemic put a stop to all travel, one of the Anne Davies DPhil Student profiles 54-55 most enjoyable elements of my role as Dean was the facebook.com/OxfordLawFaculty April 2020 opportunity to meet with alumni around the world, Mooting 56-58 bit.ly/oxunilawyers

Oxford Faculty of Law News 3 News

FBA, DCL, Barrister and Honorary Bencher of Middle Professor Andrew Temple is Professor of the Law of England and a Fellow at All Souls. He was a Law Commissioner for England Faculty launches new option in Burrows appointed and Wales (1994-1999) and President of the Society to the Supreme of Legal Scholars (2015-16). Law and Computer Science

Court A new option in Law and Computer Science is being Such interdisciplinary understanding requires both offered to BCL, MJur and MSc in Law and Finance lawyers and computer scientists to develop an Her Majesty The Queen has made four new students from this year. This is the first truly appreciation of the way in which they typically appointments to the Supreme Court, including interdisciplinary option and will be jointly offered by approach problems, with very different analytic appointing a new President, on the advice of the the Law Faculty and the Department of Computer tools. A key pedagogical strategy for the course Prime Minister and Lord Chancellor and following Science. is to teach law and computer science students the recommendations of independent selection together, and in particular for them to collaborate As AI and digital technology permeate more of commissions. Professor Andrew Burrows will join on a groupwork practical exercise. the Supreme Court on 2 June 2020 along with Lord our lives, they increasingly becomes the source of Justice Hamblen and Lord Justice Leggatt. legally significant events. This means that those The course will be led by Professor Rebecca Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), who study and/or practice law increasingly need to Williams of the Law Faculty and Professor Tom understand the digital context. At the same time, Melham from the Computer Science Department. those who study computer science and/or develop Professor Williams is a co-Investigator on the AI for software increasingly need to understand potential English Law project. legal consequences of design choices. across the University, and indeed the discipline itself, is The course will take 12 students from each Centre for Criminology This course will introduce students from both still not sufficiently diverse, despite some recent efforts discipline and is full this year, demonstrating the backgrounds to the terrain at the boundaries of at improvement. As a teaching group committed to demand for knowledge in this area. launches new scholarship their two disciplines. The overarching theme is training the next generation of scholars, we hope this understanding law and computer science at their for BME students studentship will have an impact on the nature of the intersection. discipline more widely.’ The Centre for Criminology in association with Brasenose College has launched a new scholarship for UK BME The scholarship is one of several initiatives that the students. The scholarship will provide full fees and University is undertaking as part of its Race Equality maintenance support for a maximum of four years. Charter, and is a positive action measure under s.158 of the Equality Act 2010. It is also one of many offered by The Centre for Criminology is committed to attracting the University to students who have been accepted onto the very best candidates for research degrees, programmes at the Centre for Criminology. irrespective of their background or ability to pay. Highly qualified students from Black and Minority Ethnic (BME) backgrounds who are ordinarily resident in the UK have been under-represented in the doctoral programme in recent years. It is hoped that the graduate scholarship will encourage more students from these backgrounds to apply for the DPhil in Criminology.

Mary Bosworth, Director of the Centre for Criminology, said ‘I’m delighted that we have been able to create the first BME DPhil studentship in the Law Faculty, with support from Brasenose college. In creating this funding opportunity, we acknowledge that the student body

4 Oxford Faculty of Law News Oxford Faculty of Law News 5 News

King and Wood Mallesons of China-related initiatives including a three- Associate Professorship in year Career Development Fellowship in Chinese Centre for Health, Law and Commercial Law (funded by Fangda Partners) and Asian Law a new Chinese Law Discussion Group for graduate Emerging Technologies (HeLEX) students (funded by Skadden). We are thrilled to announce our new partnership with King and Wood Mallesons (KWM), a leading global With the generous support of KWM, this new post In 2019 the Law Faculty welcomed the Centre for translational outcomes. It investigates areas where law firm headquartered in Asia. KWM will be funding will take our Asia initiatives to an exciting new phase Health, Law and Emerging Technologies (HeLEX) new technologies are having a significant impact, the inaugural Associate Professorship in Asian Law at of growth. The post-holder will play a leading role in to its portfolio of research programmes. HeLEX such as the use of next generation sequencing the Law Faculty (with affiliation to St Hugh’s College) growing Oxford’s research and teaching capacities in transferred to Law from the Nuffield Department technologies in the clinic and big data approaches from July 2020. This new post is one of the most Chinese law and laws of other jurisdictions in Asia. of Population Health. in research. To address these complex issues they carry out interdisciplinary research drawing on tools ambitious and significant initiatives in the Faculty’s The post-holder will also initiate and build global The Centre specialises in investigating the from law, philosophy and the social sciences with Asia strategy to date. collaborations between the Law Faculty, top law relationships between law, ethics, and practice in schools, the legal profession, law and policymakers the aim of improving or guiding evolving practice. For many years, the Law Faculty has been offering the area of emerging technologies in health, and in the region. We are very pleased that Oxford Law Find out more at law.ox.ac.uk/helex world-class educational opportunities to exceptional honing those relationships to facilitate effective has found an ideal partner in KWM that has a strong students from Asia. We have been extremely Asia focus and a global perspective, and importantly, successful in growing our Asia alumni networks as share our ambition of strengthening Oxford’s well as creating strong relationships with the top connection to Asia and Asia to Oxford. law schools (where many of our Faculty members have been visitors) and law firms in the region. More recently, the Law Faculty has developed a number

Wang Yi, Dean of Renmin Law School said "We are very Law library to be pleased to receive this new library, which will help future generations of students to explore the common law. It established at the will prove very valuable to the Centre and to the wider Common Law Centre legal community here." We are grateful to the donor libraries in Oxford: All Oxford Women in in Beijing Souls, Balliol, Corpus Christi, Christ Church, Hertford and Jesus colleges and especially to Gaye Morgan at the Over the last two years, Ewan Smith (Christ Church) has Law Video Series Codrington Library. We are particularly grateful to our been collecting volumes to help found a new law library partners at Renmin University, especially Dean Wang Yi, at the Centre for Common Law in Beijing. We are pleased Oxford Women in Law (OWL) have launched a Associate Dean Cheng Lei and Deputy Director of the to announce that the library – over three thousand series of interviews with OWL advisory board Centre for Common Law Wu Zhicheng. volumes – is now on its way to China. members in which the women discuss their careers, their experiences at Oxford and evaluate the The books were shipped throughout November, and barriers still facing women in the legal profession. the final instalment of four tons of books recently Those interviewed include Deputy High Court left the Codrington Library at All Souls College. The Judge, Alexandra Marks, and Senior Corporate library includes a complete set of both Hansard and the Counsel at the LEGO group, Lisa Lernborg. These Law Reports, and a comprehensive range of journals, videos demonstrate the diverse backgrounds of textbooks and supporting materials. We believe this Oxford Law students and the interesting and varied is the first English law library to be made available to careers open to graduates, whilst also highlighting students in Beijing. that work still needs to be done on gender equality within the profession. Find out more at law.ox.ac.uk/owl

6 Oxford Faculty of Law News Oxford Faculty of Law News 7 Student News

CSLS postgraduate Oxford Women* in Law Law Foundation featured at 'First 100 Years’ supports AfOx commemoration of Women Student Society (OWLSS) The Oxford Women* In Law Student Society was how to be a remarkable woman in law and stand out Fellowship Lawyers founded in February 2019 in connection to the Oxford from the crowd (panellists for this event included Helen Women In Law network and has been growing from Mountfield QC-Matrix Chambers, Kirsty Brimelow Master Victoria McCloud, Oxford alumna, current part time strength to strength ever since! The society was founded QC- Doughty Street Chambers, Joanna Hardy- Red Lion DPhil student at the Centre for Socio-Legal Studies and Judge, by Marina Hou (BA Jurisprudence, St Peter’s College) to Chambers and Sally Penni- Kenworthy’s Chambers). In has been interviewed by First Hundred Years for their series coincide with the centenary of the Sex Disqualification the future, we are hoping to hold a number of events, celebrating the journey of women in law. (Removal) Act 1919 which marked 100 years since including a certification session with Lexis Nexis and a In 2018 Dr McCloud was chosen by the 'First 100 Years' women have been allowed to practise law. As a society panel discussing diversity in the law. we aim to promote diversity and equality within the project to be one of the 100 role model women in the legal We have established strong connections with the Oxford legal profession. This is through providing a diverse and field spanning the first century since women were permitted to Women in Law community, our Michaelmas event inclusive networking community for women*, non- practise law in the UK, whose lives are preserved biographically entitled ‘Women at the Commercial Bar’ being a good binary, transgender and intersex people to connect, share The Law Foundation has agreed to support at the British Library for future generations. The project aims example. This had over 80 students in attendance and experiences and support each other in building ambitious the AfOx fellowship in the Faculty. The to help to address the lack of role models for women in the involved 4 top ‘magic circle’ barristers chambers of One careers in the legal world. Our current sponsors are One Africa-Oxford (AfOx) Initiative is a cross- law given their historic underrepresentation in that field and Essex Court, Essex Court, Brick Court and Foundation Essex Court and Allen & Overy and we are connecting university platform designed to promote especially on the Bench. Court Chambers coming together to destigmatise the collaboration between Oxford and with other potential sponsors each term. Dr McCloud sits full time in London as a judge, specifically commercial bar for women as being somewhere that African institutions. One of its activities as a Queen's Bench Master in the High Court, the youngest The success of OWLSS is continuing to grow at great women from all backgrounds can have a rewarding and is the creation of visiting fellowships in person ever and only the second woman to be appointed speed. Membership has increased dramatically from just fulfilling career, but still have time. This was an extremely association with departments and colleges. to that position. She studied Experimental Psychology at over 200 Facebook likes at the end of August to over reassuring event! Since 2018, the Faculty has advertised one undergraduate level and also obtained her first DPhil in 600 likes and counting (as of January 2020). In addition, AfOx Fellowship per year. The Fellow, who For the future, we are looking to expand our outlook as a that subject at Christ Church, and she is also a Chartered we have developed an ever-growing mailing list of over must be an academic holding a full-time society to focus on more areas in the law that need to be Psychologist of the British Psychological Society and a 200 students. position at an institution in Africa, spends more diverse to hopefully show everyone that, despite Chartered Psychologist of the Psychological Society of Ireland. Michaelmas Term in Oxford working on Our success isn’t just measured through our internet the problems that people may come across in a law his or her own research project. In 2018, She is the most senior public figure to have transitioned from presence, but also through our event turnout. We have career, we can overcome them and make the law a more the Faculty hosted Dr Busingye Kabumba male to female. In the film, she talks about how positively her run various events focusing on different areas of the law equal, diverse and fulfilling career choice for all. from Uganda, who is a lecturer in law some of these include: a panel event on the evolution of colleagues and clients reacted to her transition two decades Caitlin Corrigan at Makerere University. This year, the legal technology, CV workshop from Rachel Oakeshott ago and how her fears of her career ending were unfounded. OWLSS President MT 2019 AfOx-Law Fellow is Dr Joel Modiri from She emphasises how her career took off, much to her surprise, (barrister at One Essex Court), negotiation workshops South Africa. He is a senior lecturer in the and how she thrived once she could be authentically herself. with Vinson and Elkins, and a panel event centred on Department of Jurisprudence at Pretoria She has been hailed as a pioneer by equality campaigners and University. His main research areas are her story is both inspiring and positive. Critical Race Theory, African Jurisprudence, Law and Identity, Feminist Political You can watch the film on the First Hundred Years website. Philosophy, Black Political Thought, Legal Education and Critical Pedagogy as well as Critical Theories of Human Rights and Constitutionalism.

L-R Helen Mountfield QC, Kirsty Brimelow QC, Joanna Hardy and Sally Penni

8 Oxford Faculty of Law News Oxford Faculty of Law News 9 2018. One of the reasons for other people. However, people organising a themed walk was enjoy being outside, especially Water efficiency in the public to bring stakeholders to places after lunch, and the novelty that are related to water and of disseminating research in to discuss drought and water this unusual way certainly made sector – engaging with scarcity at the very places where them listen. The overall feedback it was happening. For instance, one we received was very good and stop along the walking route was at a encouraged us to organise these walks research and creating impact canal in Birmingham where we presented in the future. an oral history of a woman who was frozen in A further element of public engagement was the Water efficiency is a people can be members of multiple ‘publics’. For example, with her boat and could not navigate further. For us it was collaboration with colleagues from the University of the cornerstone of water a water resources manager working for one of the private important to stress the variety at which water scarcity can West of England in Bristol. Their task was to prepare resources management and water supply companies in England or Wales is part of affect us and recent cold spells in the UK saw pipes burst teaching materials for different key stages and we were public water supply. Yet, the ‘public’ consisting of professionals in the water sector and water companies distributing water bottles among able make two contributions. First, the research presented typical water efficiency but he or she is also a part of the wider public using, for their customers. Overall, the walk was successful and in the primer led to the creation of a lesson plan and campaigns in England and instance, water at home. As researchers we can make use gave us useful ideas with regard to our research question teachers’ notes on building a water efficiency campaign Wales are aimed at domestic of targeting these different ‘publics’. and how to advance the scope of our research. The next as part of the curriculum for secondary school pupils Kevin Grecksch. Photo by customers and private step was to produce a draft primer document and to Jonathan Kirkpatrick As mentioned before, this research focussed on the public studying for GCSEs. This national impact resource was businesses. In addition, ask stakeholders for comments. We therefore organised sector and social norms, i.e. how can we change water created through a collaboration with the Geographical existing water efficiency campaigns focus on two key a workshop and invited key stakeholders from water saving behaviour at the workplace where people spend Association. Second, we provided input and feedback to drivers of water saving behaviour: technological devices companies, regulators and public sector organisations their daytime, thereby contributing to overall water a primary school story book ‘DRY: the diary of a water such as water meters and financial incentives but leave and also received written comments from stakeholders savings. Social norms are a form of regulation and as such superhero’. The book follows a child through the seasons unexplored the potential of social norms to create who were unable to attend. Our key questions were how they are key research objects within socio-legal studies and presents ideas on how to save water. behavioural commitments to water saving. Water saving along with other forms of regulation. There are also legal useful stakeholders found the document and what could behaviour is influenced not just by individual decisions, In addition, the work led to some non-academic speaking duties for the efficient use of water in the UK and one of be improved? Based on these comments, we revised the but social and psychological drivers such as social norms, opportunities such as the ‘Battle of Ideas Festival’ in our aims was to broaden the array of potential measures document before finalising it. values, group behaviour and external factors: culture, November 2019 in London. In a wider context the that water companies and public sector organisations can For the dissemination of the primer we decided family behaviour, infrastructure and regulations. research was presented in a blog article about water implement and apply in this regard. to organise another walk. Again, part of a drought governance for the University of Oxford’s Science Blog, For the past four years Bettina Lange and I have conference, this time we walked through St. James’s Park The public sector – schools, universities, hospitals, which caught the attention of the Department for the undertaken extensive research into the regulation and in London. The aim was to combine a discussion about local government – offers a huge potential given its Environment, Food and Rural Affairs (Defra), and was governance of drought and water scarcity in England the primer with facts about public parks and especially diversity and size. And it could act as a role model for also adopted for the University’s True Planet campaign. and Wales. First as part of the multidisciplinary MaRIUS their water features. For example, we used a Victorian other sectors. The final product of the research is a The campaign highlights climate change research at the Project (Managing the Risks, Impacts and Uncertainties water fountain to discuss the potential role of public parks primer ‘Water efficiency in the public sector: the role of University of Oxford. of drought and water Scarcity), and as a follow-up, social norms’. This is a very practical and informative in educating the public about water efficiency. The 18 as part of the ENDOWS Project (ENgaging diverse In summary, engaging with the public, especially with a document aimed at stakeholders in the public sector, participants included PhD students, and the walk was stakeholders and publics with outputs from the UK topic like water, which is so ubiquitous that most of us regulators and water companies. It introduces the topic widely shared on Twitter. Organising both walks was time DrOught and Water Scarcity programme). The work in have forgotten about its value, was inspiring and also theoretically, provides an overview of existing water intensive. It requires planning the route, testing it and on the ENDOWS project focussed on public engagement a valuable learning process. Public engagement with efficiency campaigns and strategies and it develops nine the day coping with issues such as wind and the noise of with research from the very beginning. The aim was research requires the investment of time and good ideas recommendations or building blocks for a successful to create impact and this meant going beyond the to actually engage with the public in a reciprocal process. water efficiency campaign in the public sector using traditional academic outputs such as journal articles, However, the instant gratification when organising a social norms. This is followed by a practical example for books and conference presentations. themed walk, for instance, is encouraging and worth the a water efficiency campaign in the public sector using effort. Public engagement with research describes the many social norms that was co-created with stakeholders from ways that members of the public can be involved in the sector. Kevin Grecksch is a the design, conduct and dissemination of research. It is British Academy Postdoctoral Fellow at In order to get feedback from stakeholders for our initial the Centre for Socio-Legal Studies. He is a social scientist meant to inform, listen, consult, inspire and collaborate research idea and hypothesis we organised a ‘Waterways who specialises in water governance and climate change with the public. This means it is a two-way process. It is Walk’ as part of a drought conference in Birmingham in adaptation. also important to note that there is not ‘one’ public but Waterway Walk 2018

10 Oxford Faculty of Law News Oxford Faculty of Law News 11 going to be very good for the child after all. intimate relationships define who we are and, indeed, are key to our survival, then abuse with in them is a "crime against Can the law help us to ‘We imagine we can think about the interests of children the soul." One of the great strengths of relational theories is as separate from their parents, but that is a fiction … It that it can highlight the particular evils of domestic abuse.’ would be better to ask what order will promote good caring relate to each other better? relationships between the child and their carers.’ A lot of what he says about the book seems to be a question of how the law reflects what we value. To change the focus Professor Jonathan Herring’s new book, 'Law and the Or we can look at contract law. Effectively, it sets up an of the law would thus give us better building blocks to “us vs them”, with little obligation to consider what is support a society of caring relationships. Relational Self', imagines how we could create laws that fair for ‘them’. Whereas Jonathan argues that ‘a contract foster caring relationships, instead of breaking them apart. law designed to promote caring relationships would put What would such a legal system look like and what would obligations on contracting parties to look out for each other.’ it say about our values? Professor Herring says: ‘At the A lot of the ideas in the book are informed by his previous moment, whether one listens to debates about the impact It’s a bit like the old John Donne quote “No man is an island”. work, but it was becoming a parent that crystalised all those of Brexit or the arguments among politicians, it would We’re all part of a larger whole, and the things that make us ideas into the concept for Law and the Relational Self. Not, be thought that economic productivity is the mark of a us are the things or people that we care about. If we try to as you might expect, because of how a child requires care successful society. define ourselves separate to that, then we come up short. of its relationships to thrive (that one was a given). Instead, ‘But what if our schooling, our labour market, our health what struck him was how much emotional support children He continues: ‘If you are ask a person to describe care system, our political decisions were shaped around give to their parents. themselves, then they are likely to use relational terms: they asking ‘what will promote good caring relationships?’ This are someone's sister; they belong to this religious group; He describes the experience, saying: ‘Parenthood vividly would have huge ramifications for employment practices, or they support this football team. The things that give our showed me how false vision the ideal of the "autonomous tax systems, benefits payments. Being a carer would be life meaning are not things that are unique to us, but our self-determining free man" is. That seems to be the dream an accepted part of being a citizen. The legal and political Jonathan Herring relationships.’ that the law seeks to preserve, but to me it now looks like system would be built around that as a norm rather than, as Professor Herring is not your average law professor. His Well, what does this mean for the law? Professor Herring a nightmare. All the things in my life that give me joy are it is at the moment, being seen as a problem if a worker is a background is typical: studied Law at Hertford College, explains that the standard model of law is currently about things that undermine my autonomy. But those are all good carer.’ things. And I think is true for most people.’ trained as a solicitor, did his BCL, then later went into individual rights: ‘For many lawyers, the most important In the end, Law and the Relational Self is a book about what education. But it’s not every solicitor or professor who ends legal rights are those of autonomy, bodily integrity and This vulnerability is at the core of the book. We define we decide is important and how we reinforce that. It should up specialising in relationships. privacy. But these rights are about keeping people away ourselves by our relationships, and our relationships make us be a great read for anyone with an interest in law and how it from you. They are about preserving the individual as He wrote a book called 'How to Argue', which was featured vulnerable, so it follows that… shapes us. separate from others.’ in newspapers as a guide to navigating those tricky conflicts ‘Being vulnerable is an essential characteristic of being Jonathan sums it up by saying: ‘We know that making in relationships. Late last year he hit the papers again, The law, as it stands, protects independence. It sees your human. We might think that as adults we are able to "look money is not what is important in life. We know our lives referenced as an argument expert in pieces about discussing rights as something to be protected from other people. after ourselves", but we rely on farmers and shops for food. are not just "ours" to live as we like, but are made up of Brexit and how to avoid doing the same at Christmas. You use the law to look after your interests, perhaps at the We rely on friends for meaning and our mental health. We responsibilities which constrain our freedom, but that we expense of others. 'Law and the Relational Self' argues for (He also gave a very entertaining talk on Can Law Be Fun, need a whole array of people, from doctors to sewerage choose because they are of huge importance and value. We a version of the law that looks at what’s best for people which is worth your time once you’ve finished reading this.) workers, to maintain our wellbeing. know that what is important is our interactions with others, together. the smile, the touch, the kiss, the giggle together. That is He’s also written some more classic law texts, including ‘The strange thing is that society often presents it as a bad ‘A good law will be one that promotes caring relationships what matters, not the high sounds principles of autonomy Criminal Law: Texts, Cases and Materials and Family Law. thing to be vulnerable and to need care. Carers are some of and freedom which dominate the law.’ between people.’ He explains. ‘So a successful society, I the most undervalued workers in our economy, when they His most recent book almost seems to mix these two areas, argue, is not one where people are left free to pursue their should be celebrated.’ James Webster looking at how law could move from protecting individual own goals as "billiard balls in suits". Rather, it’s one where This article was previously published Professor Herring also highlights how that vulnerability rights, to protecting and nurturing relationships. there are flourishing caring relationships.’ the Oxford University Arts Blog means we sometimes need support from the law when Perhaps the first thing to consider when we look at this He cites law relating to children as a good example of this. something goes wrong: ‘The importance of care also shows new book is what exactly is meant by ‘relational self’. The law currently enshrines the welfare of the child alone how harmful abuse within an intimate relationship is. If Professor Herring elaborates: ‘The standard view of the self as the criteria by which judges should make decisions. is individual. Our bodies, beliefs, jobs and possessions define This sounds sensible enough until you think about the who we are. The relational understanding instead argues relationships at play. If what seems best for a child isn’t best that our identities emerge from our relationships.’ for their relationship with their caregiver, it actually isn’t

12 Oxford Faculty of Law News Oxford Faculty of Law News 13 maternal mortality to a third of its current rate and to provide universal access to sexual and reproductive Oxford Human health by 2030. But the mechanisms for achieving this have not been spelled out. If these ambitious targets Rights Hub: are to be achieved, there is an urgent need for action. In this context, where scientific solutions have been unequivocally identified, but implementation remains the ‘Shaping the key problem, there is a need to combine the state-of- the-art medical technology with political commitment and social change. It is here that a human rights approach Bayush and her friends in Ethiopia holds great promise. Photographer: Jessica Lea Department for Mrs Kamlesh Gupta staff nurse in Sanganeer Future’ International Development Photographer: Poulomi Basu for the CIFF Entitled ‘Shaping the Future’, the project uniquely brings together, and in conversation with each other, voices is satisfied by modern methods of contraception in a ‘Shaping the Future’ consists of eight 20-minute from across the globe, with a special emphasis on the majority of low- and lower-middle-income countries. videos exploring several SRHR issues, including Global South. It identifies the valuable work done within There also remains deep-seated resistance to the maternal mortality, comprehensive sexuality education, local contexts, and amplifies this work through a global introduction and implementation of comprehensive contraception, gender based violence and SRHR at work platform. The project uses the internet as a didactic tool, sexual education due to misconceptions about its effects, and school. The personal interviews are our primary recognising its power as a new mode of communication, religious objections, and lack of capacity and resources to resource in developing these videos. These interviews awareness raising and education. The project thus puts incorporate it into the curriculum. will be complemented by illustrative visual content, The guiding principle behind the Oxford Human Rights together a pedagogic tool which travels far beyond the including photographs, secondary film footage, charts Thus, women still do not have adequate control over Hub (OxHRH) is that human rights are immeasurably physical boundaries of Oxford, bringing in insights from and graphs. Each episode will also have a presenter whether to get pregnant or not, and the timing of strengthened by empowering diverse voices to share and radiating to areas previously excluded from the who draws together the narrative threads that structure pregnancy. Yet the primary responsibility for childcare best practice in human rights law. In our most recent global conversation on sexual and reproductive health the episode. The videos will take a comparative continues to rest with women, with the public sphere project, we have been delighted to partner with the rights. perspective and closely examine how the strong moral World Health Organization and the Office of the High being designed for persons who do not have such ‘Shaping the Future’ explores the role human and legal imperatives of human rights can be given Commissioner of Human Rights, to develop a video responsibilities of care. At the same time, childcare is rights law can play in addressing challenges relating to detailed substance by grounding them in local context series on the best ways to use human rights to achieve devalued, and is not regarded productive labour. These Sexual and Reproductive Health Rights (SRHRs), and and making them effective in relation to individuals’ lived the ambitious promises of the Sustainable Development factors cumulatively produce a lack of power, leaving ensuring progress towards the fulfilment of the SDGs. experiences. It will showcase leading examples of how Goals (SDGs) on gender equality, and particularly, women unable to shape their own futures. As many as 94% of maternal mortality deaths in 2017 this has been done, and highlight some of the on-going reproductive rights. occurred in low-resource settings, and most could have ‘Shaping the Future’ begins with the recognition of the challenges, as well as new ones. dire state of SRHR globally, and focuses on pathways Almost 300,000 women die annually during pregnancy been prevented, highlighting inequalities in access to We envision the documentary series being an to change—how do we break cycles of disadvantage in and childbirth, and many millions of women and infants health services amongst nations, and groups within invaluable teaching resource for lawyers, advocates SRHR using the language of human rights and the SDGs? suffer major morbidity. Yet the shocking reality is that them. Similarly, 25 million unsafe abortions occurred and policy-makers across contexts. The aim is to To explore this question, we conducted workshops in most of these deaths could be averted using simple globally every year between 2010 and 2014, with 97% empower local actors to speak in the language of Geneva and Nairobi, with leading scholars, activists, and affordable means. In 2015, as part of the SDG of these occurring in Africa, Asia and Latin America. In human rights with a high degree of knowledge lawyers and national and international policy makers agenda, the world committed itself to reduce global addition, less than half of the demand for family planning and confidence. It will allow them to persuasively working on SRHR, from Columbia, Brazil, India, South use human rights when advocating in political, Africa, Poland, Philippines, United Kingdom, United legal, international and online forums for sexual and States, Uganda, Mexico, and Ghana. We also conducted reproductive health rights, and to devise effective individual interviews with them, discussing the use strategies suitable to their own local contexts. Through of human rights within their work, whether through the vigorous exchange of ideas and resources, we litigation, advocacy, or monitoring. The project thus aims therefore strive to facilitate a better understanding of to co-create, by capitalising on the unique intersection human rights principles, to develop new approaches to of ideas and experiences that they bring to current policy, and to influence the development of human rights SRHR challenges. It ensures that key successes (which law and practice. are often not well known) are built on; mistakes are not repeated; and good and effective practices are replicated Look out for more information on the project at Photographer: Poulomi Basu for CIFF or suitably adapted. ohrh.law.ox.ac.uk.

14 Oxford Faculty of Law News Oxford Faculty of Law News 15 Blogs

The Law Faculty hosts a number of different blogs on a wide range of subjects. To find AI4LAW HOUSING AFTER made safe, as well as examining the enforcement them just search for the blog title on the BLOG GRENFELL powers of public bodies. The most read post explains Faculty website: limitation periods, how to work out when the clock www.law.ox.ac.uk The ‘Unlocking The Housing After starts to tick and when time runs out, arguing that the potential of Grenfell blog was application of these rules to dangers emerging only AI in English Law’ established in July since Grenfell - yet created many years earlier - BORDER blog covers a 2018 to provide a erodes ‘the court’s ability to remedy wrongs or to CRIMINOLOGIES variety of topics forum for discussion in protect legitimate interests’. BLOG and themes related to AI and its application relation to on the legal, social, housing and fire safety The Border Criminologies in law. It also highlights the engagement issues that have emerged since the terrible tragedy Residents explain what it is like living in unsafe research network brings the project has with other aspects of AI, at Grenfell Tower. Experts explain the complexity of buildings and how they ‘feel let down at almost every together academics, by reporting on many of the events and building regulations, government guidance, and what point’. Other posts suggest that there has been practitioners and those workshops that take place within the went wrong with construction. Why, asks Jonathan systemic failure of both regulation and of property who have experienced border control from around the project. Carrington, ‘did the Government – and their advisors, law, saying that it is time to ask some big questions world. Showcasing original research from a range of BRAC – take so long to update’ the guidance and bring about how we sell and own flats, and that it is time perspectives, we hope to better understand the effect The blog tries to cover themes relating England into line with international norms? Jonathan to rethink the idea of ownership in relation to multi- of border control and to explore alternatives. to each of the 6 work packages and has Evans explains the confusion of having two height owned properties. The blog welcomes contributions, most recently reported back on the Launch thresholds for building regulation, both based on and has quickly become an important space to engage The blog is one of the ways in which Border workshop for work package 6 (Mapping 18m but differently measured. Lawyers discuss the with practitioners, policy-makers, students and Criminologies facilitates the exchange of ideas as it the LawTech and innovation ecosystem). opportunities and difficulties in pursuing legal claims members of the public in relation to one of the most showcases original research and first hand accounts Followers can expect to be kept up to date in order to pursue compensation or to get buildings pressing social and legal problems of the day. of border control. It is widely read and attracts an with recent events as well as engaging with international audience from more than 170 countries. topics like surveillance and accountability, This year the blog had around 100 new posts, including computer science and Law and the eight book reviews and four themed series, and was application of AI in Law firms. visited over 100,000 times. THE OXFORD HUMAN RIGHTS and overlooked global human rights developments. HUB BLOG Contributing authors range from the most senior experts, including UN Special Rapporteurs and former judges, to early-career scholars, such as undergraduates from developing country law schools. CENTRE FOR CRIMINOLOGY BLOG The blog features posts from members of the Faculty Over the last year, we featured pieces on trans rights and the student body on those themes. The blog in the UK; the criminalization and decriminalization of The Centre is a leading site of cutting-edge social attracts over 4,000 readers each month. Recent blog OxHRH publishes a daily blog showcasing cutting edge same-sex relations in Kenya and Botswana; cuts to the enquiry and world-class graduate education in posts have discussed the impact of the smoking ban in human rights law developments from experts across budgets of UN treaty bodies; the rights of workers criminology and criminal justice, with staff and prison, policing and mental health, and the cancellation the globe. We continue to expand our global reach by in the gig economy; access to abortion in Kazakhstan students committed to understanding and addressing of Shamima Begum’s British Citizenship. soliciting blog posts in places where human rights law and extending the right to vote to citizens overseas in contemporary public policy dilemmas. developments receive little international attention. Canada. We have published blogs from many countries It has a vibrant programme of research that pursues Each contribution is edited by experienced graduate including Romania, Turkey, Iran, Egypt, Zambia, a research strategy aimed principally at fostering and student editors to ensure the highest standards of Austria, India, Chile and the US. developing clusters of research activity around seven quality. By requiring blog posts to be fewer than 700 The OHRH blog has been archived by the British substantive themes: Security, rights and criminal words and written in straightforward language, we library, and our blogs are widely used in students’ justice; Penal culture, policy and practice; Politics, are committed to ensuring that each blog post will be reading lists and by legal practitioners, civil society legitimacy and crime control; Crime and the family; intellectually engaging and simultaneously accessible organisations, the media, and the general public. Blog Psychology, Criminal Justice and law; Victims and to legal and non-legal audiences. posts have been referred to in the UK Supreme Court, victimisation, and Criminal justice, citizenship and and cited in The Guardian and Time Magazine. migration. The OxHRH blog has an enduring commitment to be an egalitarian space and to cover both well-known

16 Oxford Faculty of Law News Oxford Faculty of Law News 17 Blogs

to waive fees for the incoming students) and in Erasmus+ and the grants to the students to cover additional costs of policymakers deliver talks or papers on a topical OXFORD BUSINESS LAW BLOG living abroad. A watchword of Erasmus+ is mobility: for theme in business law. These talks typically then The Oxford Business Law Blog was founded in 2016 students in higher education, this is the chance to develop appear as a special series of blog posts on the OBLB, Oxford Law Faculty with the objective of creating a leading and truly new skills, gain international experience and boost their and then later in published form. The OBLB conference international forum for the exchange of scholarly employability. This is all borne out constantly by what we for 2020 is entitled Fintech Startups and Incumbent ideas and reporting of new developments in see in our exchange programme for the incoming students Players: Policy Challenges and Opportunities. Look out business law. as much as for the Oxford students who spend their year for this special series on the OBLB later in 2020. Our four-year undergraduate course (Law with Law abroad. Personal accounts of the benefits of the exchange, There is already much evidence of the Blog’s global written by both incoming and outgoing students, can be The OBLB is run by a team of academic editors and Studies in Europe) is one of the Oxford Law Faculty’s reach and positive impact on policy-making and read in the Annual Reports of the IECL. postgraduate associate editors. The vital contribution flagship programmes, enabling 35 of our students scholarship. Since 2016, the Blog has featured some made by our associate editors is made possible by every year to study at our partner Faculties in France, The UK left the EU on 31 January 2020. However, 1,500 posts contributed by over 900 authors from Travers Smith’s generous sponsorship of the OBLB. Germany, Italy, the Netherlands or Spain, and bringing participation in Erasmus+ is not limited to EU Member around the globe with readers from 150 countries. to Oxford in exchange 35 students from our European States: there are six non-EU programme countries which Research and opinion pieces on Brexit, fin-tech partners to study for our Diploma in Legal Studies. The take part in all Erasmus+ activities, and a large number and artificial intelligence and the law have proved four-year course is extremely attractive, admission is of ‘partner countries’ around the world which can take particularly popular with readers, and some of these highly competitive, and the value added to the student part in some activities. Our participation in the current posts have been cited in House of Commons and EU experience by the breadth and depth of an additional Erasmus+ programme (to the end of 2020) is secure. A policy papers. More generally, there is ample evidence year’s study in another jurisdiction is demonstrated by new programme is to be established by the EU for 2021- of the citation of OBLB posts in academic literature. the students’ strong Finals results and their enhanced 2027, but the future arrangements between the UK and employment opportunities beyond Oxford. Our Faculty the EU remain to be negotiated, and the participation Each year there is an OBLB conference in Oxford is also enriched by the incoming exchange students and of the UK—and therefore of the Oxford Law Faculty’s in which academics, judges, practitioners and institutional links between the Oxford Law Faculty and student exchanges—in the next Erasmus+ programme is our European partner Faculties have been deepened not yet settled. In January 2020 the Government signalled well beyond the student exchanges. The exchange that it supported the value of Erasmus, but could not programme is administered by the Institute of European guarantee participation before seeing the details of the and Comparative Law (IECL)—its natural home within the new Erasmus+ programme. PROPERTY as housing possession procedures and the concerns Oxford Faculty. LAW BLOG of leaseholders as to their limited legal rights; and Erasmus+ is not the only financial support for our student The student exchange programme at Oxford was first conceptual questions such as whether data can be exchange programme: we also receive very valuable The Property Law established on a relatively small scale for exchanges with held on trust, and how to locate ownership of natural funding from Clifford Chance for the administration blog is the newest France, Germany and the Netherlands: the first cohort of resources. The posts show that property can be very of the four-year course and for grants to the Oxford addition to the 15 students went abroad in 1994. By 2000 the group topical – Luke Rostill’s discussion of relative title students going abroad. However, loss of Erasmus+ would Faculty’s collection had already doubled, and Italy had been added (in 1999); was prompted by news coverage of a dispute over cause us real difficulties. But the Faculty remains wholly and was set up at and then Spain (2008). The exchange programme has Banksy’s sculpture ‘The Drinker’ – and that it raises committed to our student exchanges, and we have bilateral the start of Michaelmas Term 2019. It is a window been supported throughout by the Erasmus programme, fundamental policy issues also relevant to disciplines agreements with each of our European partner Faculties into important developments and interesting issues established by the European Commission in 1987 and such as economics and politics. Ben McFarlane’s post which allow the exchanges to continue irrespective of in property and the law, providing accessible and named after the philosopher, theologian and humanist on data trusts explains how the traditional concept the UK’s participation in Erasmus+. As long as the future high-quality commentary. The blog provides a great Erasmus of Rotterdam, but the acronym ERASMUS was of a trust may be of great value in the contemporary is settled so as to give us renewed financial stability for opportunity for members of the Faculty to showcase also intended to refer to the EuRopean Community Action debate about controlling the use of personal data, the student exchange, the pressure will be for further their research, and already also hosts submissions Scheme for the Mobility of University Students. The and shows the modern importance of seemingly old- expansion of this extremely valuable and successful from writers outside Oxford. Erasmus programme has changed and broadened and the fashioned doctrines of property law. exchange programme. financial support for our students has increased. Its current Property is a very broad and diverse subject, and incarnation is Erasmus+, the European Union’s programme John Cartwright is Emeritus Professor of the Law of We hope to provide a stimulating read and we this is reflected in our posts. The topics examined to to support education, training, youth and sport in Europe, Contract, and a former Director of the IECL. He was the welcome contributions not only from academics, but date include doctrinal questions such as the nature funded by the EU from 2014 to 2020. Funds are provided Faculty’s academic director of the Erasmus exchange also from practitioners, policy-makers and anyone of trusts over the family home, and the operation of both to the institution sending the student (to allow us programmes between 2000 and 2013. affected by and interested in property law. possessory title; practical and empirical issues such to charge greatly reduced fees to our own students, and

18 Oxford Faculty of Law News Oxford Faculty of Law News 19 PATHWAYS TO LAW

non-selective, non-fee paying schools in their own regions to ‘At the beginning of help familiarise students with the law admissions process. my A-level studies in Year 12, I heard INTRODUCTION This year Oxford has introduced a new programme, called about the 'Pathways ‘Opportunity Oxford’, which is designed to help students from I was delighted to be to Law' programme disadvantaged backgrounds, who have already received an through my school and offered the role of offer of a place, make a flying start to their degrees. The Law Access & Outreach Co- applied, not expecting Faculty is participating in the inaugural year of Opportunity to be accepted. I was ordinator for the Law Oxford, and I have had the privilege of helping design the law Faculty last year. extremely pleased when I received course along with many other dedicated colleagues. the acceptance email, as this was a programme I wanted to undertake not only to gain an in depth Oxford has been the The topic of diversity in academic admissions is controversial. subject of (fair) criticism understanding of the law; but to make such a career From my own perspective, I start from the non-radical more accessible. in the past for admitting proposition that talent is broadly distributed amongst the students who come population, and that unless our students look broadly like Throughout the time on the programme, I have learnt from predominantly the general population, then we are unlikely to be admitting skills such as CV and Personal Statement writing, 'Pathways to Law' was established by the Sutton Trust to privileged backgrounds. the students with the very best academic potential. For through to university applications and participating widen access to the legal profession. It aims to inspire and But the commitment across the University to promote this reason, I do not believe there is a need to compromise in mock law lectures and trials. An aspect of the support academically-able students from local state schools greater diversity in our student intake is beyond doubt, and between social mobility on the one hand and pursuit of programme I found to be most enjoyable was the to explore careers within the legal profession and build the in the Law Faculty we have seen real successes. Oxford Law academic excellence on the other. Of course, given the summer conference at Warwick University, which skills they need to go on to higher education. attracts a large number of applications from students from massive inequalities in society we appreciate that the allowed me to develop several law related skills such disadvantaged backgrounds, and in the last admissions round students applying to us, and the students we want to As one of the implementing partners, the Faculty of Law as advocacy and negotiating, whilst providing me this was reflected in a large number of offers to cohorts who encourage to apply to us, may have had starkly different at the University of Oxford delivers a 2-year programme with networking opportunities within the legal sector. have been under-represented historically at Oxford. Although educational opportunities and experiences. These differences for Year 12 and 13 students from non-privileged The conference brought together students across there is still much work to be done, our successes to date can are often, but not always, reflected in students’ attainment backgrounds, who are interested in pursuing a career in law. the country who shared an interest in the law, who be partly attributed to the Law Faculty’s outreach initiatives levels at secondary school. Any admission process targeted at The programme includes a varied series of free lectures, may also be considering an application for law at including 'UNIQ', 'Experience Law' (ExpLaw) and 'Pathways finding the best students must take this complex picture into seminars, advice and guidance sessions, skills-development university. As a result of this mutual interest, I made to Law'. While UNIQ and ExpLaw are aimed specifically account. workshops and interaction with both undergraduate students several friends who I remain in regular contact with. towards attracting applicants to Oxford, ‘Pathways to Law’ and professionals through e-mentoring and a legal work I believe that the programme has provided me with is more generally geared towards attracting people from a Measuring academic potential is not a science. As I tell all placement. opportunities I wouldn’t have ordinarily had access to, wide variety of backgrounds to the legal profession, with students at interview, occasionally we will make mistakes in such as my work experience placement in a Barristers Oxford looking after those from Oxfordshire and surrounding assessing the relative merits of the candidates who apply to Here 'Pathways to Law' student, Libby Monaghan, talks about Chambers. These opportunities allowed me to develop counties (although we hope a number of them will end up us. But what I can say with total confidence is that everyone her experience and how the programme has changed her a competitive university application that I may have studying here as well). Many of our students applied to who receives an offer is worthy of a place at Oxford, and perceptions of a career in Law. struggled with if I hadn’t had the assistance from the Oxford because of these Outreach programmes, and most of has the ability to make a brilliant contribution to society as programme. those say that, without them, they would never have had the a lawyer, or in any of the other diverse roles that an Oxford Now I feel that the legal profession is Overall, the 'Pathways to Law' programme has not courage to apply. We are also in the process of developing a law degree can lead to. We are proud that our work on access much more accessible’ - Libby Monaghan. only provided me with amazing opportunities, but new initiative where Oxford law tutors will visit students from helps us to uncover not only the very best students, but also has also changed the way in which I view the legal ultimately leads to greater diversity in the legal profession and profession. Now, I feel it is much more accessible.’ social mobility generally.

None of this work would be possible without the hard work of our Access & Outreach team, our student helpers (most of whom come from “access” backgrounds themselves) and the generous support of sponsoring law firms and barristers’ chambers. As always, a massive thanks is due to all of them!

Andrew Higgins, Access & Outreach Co-ordinator

20 Oxford Faculty of Law News Oxford Faculty of Law News 21 New Faculty Members

SHREYA ATREY JOANNA BELL BEN MCFARLANE KATRIN MUELLER-JOHNSON Shreya Atrey is Associate Ben McFarlane is Professor of English Law Katrin Mueller-Johnson is Associate Professor Professor in International Human Joanna Bell is an Associate Professor and Tutorial in association with St John’s College. He of Criminology and a Research Fellow at Rights Law at the Department Fellow in Law at St Edmund Hall. was an undergraduate and graduate law Green Templeton College. Previously she of Continuing Education and Joanna's main research interest is Administrative student at Oxford, and was a Fellow of was a lecturer and senior lecturer at the the Faculty of Law, based Law and its areas of overlap with other fields Christ Church (1999-2003), St Peter's Institute of Criminology at the University at the Bonavero Institute of such as Planning Law and Environmental Law. (2003-2004) and Trinity College (2004- of Cambridge. She holds a PhD in Human Human Rights. Her research is She graduated from the BA in Law from Keble College sharing the Wronker 2012) before joining UCL as a Professor of Law in 2012. He Development from Cornell University, a MSt in Legal Research from on discrimination law, feminist theory, poverty and Prize for best overall performance in FHS examinations. She then read for the rejoined the Oxford Faculty of Law in 2019. He teaches in private the Centre of Social Legal Studies, University of Oxford, and a Dipl. disability law. She completed the BCL with distinction BCL (obtaining a distinction) and the DPhil in Administrative Law, generously law subjects, including Land and Trusts on the FHS course and Psych. Degree in Psychology from the Free University of Berlin. Her and a DPhil in Law as a Rhodes Scholar at Magdalen funded by the Arts and Humanities Research Council. Advanced Property and Trusts on the BCL/ MJur. His research research interests are centred around victimisation, investigative College. focusses on the interaction of the law of property and the law interviewing and police as well as legal decision-making. of obligations, and he is particularly interested in the extent to which coherent principles can be extracted from the great mass ROBERT BURRELL TSILLY DAGAN of judicial decisions that make up the common law. LAVANYA RAJAMANI Robert Burrell is Professor Tsilly Dagan is Professor of Taxation Law in Lavanya Rajamani is Professor of International of Intellectual Property Law association with Worcester College. Professor ARUNA NAIR Environmental Law and Yamani Fellow in Public and Information Technology Dagan’s main fields of research and teaching are tax International Law at St Peter's College. Law in association with St law and policy (both domestic and international) Aruna Nair is an Associate Professor of Law She was formerly a Professor at the Centre for Peter's College. He also holds and the interaction of the state and the market. and Tutorial Fellow at Hertford College. Policy Research, New Delhi, where she now a visiting professorial position She has taught and researched as a scholar in She was previously a lecturer in law at holds a Visiting Professorship. Lavanya holds an LLM from Yale, a at Melbourne Law School. residence at the University of Michigan, University of Western Ontario, King's College London, and completed her DPhil and BCL from Oxford, where she was a Rhodes scholar, and Robert’s previous academic positions include posts at and the University of Columbia, and was a member of the Group on Global undergraduate and doctoral studies at Brasenose College, a B.A.LL.B. (Honours) from National Law School, Bangalore, where the Australian National University and King’s College Justice at the Institute of Advanced Studies, Jerusalem. She was the Raoul Oxford. Her research focuses on English property law, broadly she graduated at the top of her class with several gold medals. London. Wallenberg Professor of Law at Bar-Ilan University where she also served as conceived, to include different aspects of the law of wealth Editor-in-Chief of the law review and Associate Dean for Research. Her book and control of wealth. Her primary research interest is in the Robert teaches and researches across all areas of ‘International Tax Policy: Between Competition and Cooperation’ (Cambridge question of how English law, in different contexts, balances its intellectual property law and his work has been cited University Press) is the winner of the 2017 Frans Vanistendael Award for respect for the private autonomy of owners with respect for by the High Court of Australia, the Federal Court JOHANNES UNGERER International Tax Law. other values and interests. of Australia, the Supreme Court of New Zealand, Johannes Ungerer is the Erich Brost the Court of Appeal of England and Wales and in an Lecturer in German Law and European Opinion of an Advocate General to the European Union Law at the Faculty of Law and St GABRIELLE WATSON Court of Justice. HAYLEY HOOPER Hilda’s College. Prior to joining Oxford Gabrielle Watson is the Shaw Foundation Johannes taught and researched at the Hayley Hooper is an Associate Professor in Law Fellow in Law at Lincoln College. Following University of Bonn for five years, and in association with Harris Manchester College. a doctorate in the Faculty of Law at also served as the Assistant Editor of BARBARA HAVELKOVA She is also an academic affiliate of the Bonavero Oxford, she held a Leverhulme Early the European Union Private Law Review Institute for Human Rights. Barbara Havelkova is an Career Fellowship, also in the Faculty, (GPR). He studied law in Halle and Cardiff as a Studienstiftung Associate Professor in Law scholar, and graduated with the German First State Exam and Hayley holds an LL.B from the University of and a Postdoctoral Research Fellowship in in association with St Hilda's a LL.M.oec. Master’s degree in business and economic law. He Glasgow, and a BCL, M.Phil in Law, and a D.Phil in Law from the University of Law at Christ Church. She works on topics at the intersection of College. She holds degrees from qualified for the German judiciary and bar with the Second State Oxford. Her teaching interests include European Union Law, Constitutional criminal law, criminal justice, and jurisprudence. In spring 2019, Charles University in Prague Exam. His main research focuses on private international and Law, and Administrative Law. she was elected to the Inaugural Visiting Fellowship in Law at the (Mgr - Master in Law; summa newly instituted Cambridge Centre for Criminal Justice. comparative law. cum laude), Europa-Institut of Saarland University (LLM) and the University of Oxford (Mst in Legal Research, DPhil). ESTELLE ZINSSTAG THOM of Quantitative Finance, and the Global has worked at the European Commission, Barbara’s research and teaching interests include Economic Governance Programme at the Goldman Sachs, and De Brauw Blackstone Estelle Zinsstag is a one year Departmental WETZER gender legal studies and feminist jurisprudence, Blavatnik School of Government. Westbroek. In 2014, Thom was recognised Lecturer in Criminology. She is also a Thom Wetzer is as a ‘Global Shaper’ by the World Economic equality and anti-discrimination law, constitutional law, Before joining the Faculty, Thom worked senior researcher at the Leuven Institute of Associate Professor Forum. EU law and law in post-socialist transitions. towards a DPhil in Law and Finance and an Criminology (LINC) (University of Leuven, of Law and Finance MSc in Law and Finance at the University His research examines how law and finance She previously worked for Clifford Chance Prague, Belgium). At LINC she was principal investigator in association with of Oxford and received both a BA(Hons) can enable collaboration and coordination to trained at the Legal Service of the European on a European Commission Daphne project Linacre College. At in Law and Economics and an LLB in Dutch improve outcomes, with a particular focus on Commission and in the Chambers of AG Poiares on sexual violence and restorative justice. Previously she led a European Oxford, he is also affiliated with the Institute Law from Utrecht University. He has been financial regulation, corporate governance, Maduro at the Court of Justice of the European Union. Commission Action Grant project for the European Forum for Restorative for New Economic Thinking at the Oxford a Visiting Scholar at Columbia Law School, models of financial contagion and systemic Justice on ‘Conferencing: A way forward for restorative justice in Europe’. Martin School, the Oxford-Man Institute Yale University, and Berkeley Law School, and risk, and climate risk.

22 Oxford Faculty of Law News Oxford Faculty of Law News 23 Farewell Research

PAUL CRAIG LOUISE GULLIFER Corporations as Moral Agents Louise Gullifer has recently left the Faculty and been appointed Rouse ‘Corporations as Moral punishment and human rights which predicate each on Ball Professor of English Law at Agents: Trade-Offs in the status of moral agency. In short, if corporations are Cambridge University having taught Criminal Liability and Human moral agents in a sufficient sense to attract criminal at Oxford since 1991. Prior to Rights for Corporations’ is liability, they are eligible holders of human rights. If coming to Oxford she practised at the Commercial Bar in chambers at Nick Friedman’s forthcoming proponents of corporate criminal liability are dissatisfied 3 Gray's Inn Place (now 3 Verulam article in the Modern Law with these conclusions, they face difficult policy trade- Buildings). Review. Corporate criminal offs: they must abandon the doctrine, or adopt alternative

Paul Craig, Professor of English Law, retired in September Her research interests focus broadly on commercial law and liability is a popular tool for approaches to punishment or human rights. corporate finance. She has co-authored books on security the control of corporate 2019. This article forms part of Nick’s broader work on the and title financing and corporate finance. She is particularly misconduct. Proponents of He was educated at Worcester College, Oxford, where control of corporate power, which he studies from a interested in financial collateral and intermediated securities, this controversial doctrine he became a Fellow and Tutor in law in 1976. He was as well as national and international reform of secured philosophically influenced public law perspective. He commonly defend it on the appointed to a Readership in 1990, and then became an transactions law. She was the director of the Commercial Law adopts a holistic, interdisciplinary, and comparative analysis ad hominem Professor in 1996. He was appointed to an theory that the corporation Centre at Harris Manchester College. She is Director of the of the massive web of legal rules to which corporations established chair in 1998, the Professorship in English Secured Transaction Law Reform Project and was the Oxford is a morally responsible Law at St John's College. He was made an Honorary QC in are subject, seeking to demonstrate the conflicting or Law Faculty Academic Lead for the Cape Town Convention agent in its own right, and 2000, and an Honorary Bencher of Gray's Inn in the same Academic Project. unintended ways that they interact. He also examines is, for that reason, deserving year. His research interests included Constitutional Law, how corporate liability regimes can be designed most of (or at least eligible for) punishment. Nick argues that Administrative Law, Comparative Public Law and EU Law, effectively, focusing in particular on the deterrent role and he has published widely in these areas. this theory creates an unpalatable dilemma: it provides a of individual liability for corporate executives. Most GUENTER TREITEL (1928 – 2019) strong justification for giving human rights to corporations, fundamentally, his work tries to articulate the proper place which they use to thwart regulatory constraints on Professor Sir Guenter Treitel QC DCL of the corporation in public law and political philosophy. their conduct. This result follows from approaches to JOHN GARDNER (1965 – 2019) FBA, who was for many years a Fellow of Magdalen and then a Fellow of All John Gardner FBA, who passed Souls and the Vinerian Professor of away in July 2019, was a Senior English Law, passed away in June 2019. Research Fellow at All Souls Shona Minson’s work School Exclusion Project Treitel was born in Berlin in 1928. As College, Oxford, with the title of a young Jewish boy, he experienced Nazi persecution at first Professor of Law and Philosophy recognised Professor Rachel Condry and Associate Professor Lucinda hand, and in 1939 was forced to flee to the UK with his brother in the University of Oxford. From Ferguson are members of a team of researchers awarded an on the Kindertransport. Although he found safety in the UK, his by two awards 2000 to 2016 he held Oxford's ESRC grant of £2,550,850 to develop a multi-disciplinary early years as a refugee were difficult and he had to fight for the Chair of Jurisprudence. Before that Shona Minson from the chance to continue his education at a grammar school. understanding of the political economies and consequences he was Reader in Legal Philosophy at King's College London Centre for Criminology of school exclusion across the UK. (1996-2000), Fellow and Tutor in Law at Brasenose In 1946, Treitel won a scholarship to Magdalen, where he read won the Vice Chancellor’s College, Oxford (1991-6) and Examination ('Prize') Fellow for the BA and BCL. After a brief period as a lecturer at the LSE, The interdisciplinary team operates across Oxford, Cardiff, of All Souls College, Oxford (1986-91). He also held Public Engagement with Treitel took up a Fellowship at Magdalen in 1954, remaining Edinburgh, Belfast and the London School of Economics visiting positions at Columbia University, Yale University, Research Award in the there until 1979 when he was appointed to the Vinerian (LSE). The four year project will be led by Professor the University of Texas at Austin, Princeton University, the Professorship of English Law and moved to All Souls. Although Early Career Researcher Harry Daniels and Associate Professor Ian Thompson at Australian National University, the University of Auckland, he retired from the chair in 1996, he remained active for many Category and the ESRC and more recently Cornell University. He served on the the University of Oxford’s Department of Education and years, continuing to work in the Codrington Library on a regular Celebrating Impact Prize editorial boards of numerous journals including the Oxford basis and to have lunch at All Souls on a Wednesday and his commenced on 2 October 2019. The study will lead to a Journal of Legal Studies, Ethics, Law and Philosophy, and for Outstanding Early Career Impact last year. Both beloved Magdalen on a Friday. He was knighted in 1997. greater understanding of the cost of exclusions at individual, the Journal of Moral Philosophy. Called to the Bar in 1988, prizes were awarded for her outstanding research institutional and system levels, as well as pupils’ rights, he had been a Bencher of the Inner Temple since 2002 Treitel’s principal area of scholarly interest was the law of and work into the sentencing of mothers with (although he did not practise). He was elected a Fellow of contract. His leading textbook on the subject was first entitlements, protection and wellbeing. In comparing the dependent children. the British Academy in 2013. published in 1962. Treitel himself produced 11 editions, the landscapes of exclusion across the UK’s four jurisdictions, last in 2003, and the book continues to flourish under its new Dr Minson’s research on how the sentencing of His influence on jurisprudence and legal philosophy in the the study explores cross-cutting themes of: children’s rights, author, Edwin Peel. Lord Browne-Wilkinson summed up Treitel’s mothers affects children has changed practice for 21st century cannot be overstated. The shadow that John’s contribution ‘Few contemporary lawyers have played as big a youth crime, values and the role of religion, geographical towering figure cast was not merely ‘transatlantic,’ as one role in developing the law, primarily because his writings are the judges, magistrates and Probation Officers, who context, gender and ethnicity, social class, special needs and legal philosopher put it. His influence reached around the product of careful and principled thought founded on an exact now consider how children will be affected by their disability, and mental health. globe. and honest analysis of the existing case law.’ parents’ sentence.

24 Oxford Faculty of Law News Oxford Faculty of Law News 25 Research

Chatham House Roxana Willis researches publishes paper by human rights abuses in Kate Jones which the Cameroon

examines online Barrister Mbinkar Caroline and Dr Roxana Willis have disinformation established a research group investigating the violent conflict that has disrupted life in the anglophone regions of Chatham House recently published a paper by Cameroon. Nominally, the conflict began in 2016: violence Kate Jones which discusses how a human rights had erupted following a peaceful protest by lawyers and framework should guide regulatory and other teachers against the marginalisation of the common law and responses to online disinformation and distortion of anglophone education by the majority francophone state. political debate. Since then, the conflict has affected millions of people, 'Online Disinformation and Political Discourse: while thousands have been killed, internally displaced, Applying a Human Rights Framework' outlines the or made refugees. Although 2016 onwards saw regular ways in which digital technology is increasingly atrocities, there have been underlying tensions concerning being used to further political aims which can marginalisation for considerably longer; the issues date Disability in then distort our democratic processes. Techniques back at least to the British and French colonial division of include the creation of disinformation and divisive Cameroon, and have continued from independence into the content; exploiting digital platforms’ algorithms, present. the Curriculum and using bots, cyborgs and fake accounts to In November 2019, the group published its first report, distribute this content; and micro-targeting on the hosted by Oxford’s Human Rights Hub. The report, authored As we mark ten years of the Equality Act 2010, never Promotion of Human Rights Seminar for The Bonavero basis of collated personal data and sophisticated by Dr Roxana Willis, Joseph McAulay, Ndjodi Ndeunyema, has the inclusion of disability in the curriculum at the Institute of Human Rights on ‘Health Inequality and psychological profiling techniques. and Dr James Angove, outlines the historical context of Faculty of Law been more important. The United Nation’s Access to Gynaecological, Obstetric and Maternity Regulation of these techniques has been slow to the present conflict, arguing that any effective solutions Committee on the Rights of Persons with Disabilities Services for Women with Disabilities’. keep pace with their developments and usage. must take a decolonial approach by appreciating the Concluding Observations on the United Kingdom raised Improving the inclusion of disability in the curriculum can International human rights law, designed to protect conflict’s historical threads. The report examines the long extensive concerns about the ‘insufficient incorporation’ also be instrumental in influencing the necessary increase individuals from abuse of power by authority, path of human rights abuses up to present day; included of the UN Convention on the Rights of Persons with of disabled people in the legal profession and as legal provides a framework that should underpin is a detailed log of current human rights abuses observed Disabilities ‘across all policy areas and levels within all academics. Whilst 19% of the working age population regulatory and other responses. Controls of the and documented by the lead researcher. Since release, the regions, devolved governments and territories under have a disability (Scope, 2011), only 4% of practising online environment should balance the interests at report has been picked up by various advocates, lawyers, its jurisdiction and/or control’ (2017). This included barristers consider themselves to have a disability (BSB/ stake appropriately by reference to human rights politicians and governments to help make better sense of the ineffective implementation of the right to inclusive Bar Council Diversity, 2011). Indeed, the Judicial Office law. the dispute and how to handle the conflict moving forwards. education under Article 24. Assertive action is also currently has no data on the number of the members needed to secure a ‘fair’ Brexit (DRUK, 2017) for In Hilary term, Barrister Mbinkar Caroline joined the Faculty of the judiciary with a disability (Courts and Tribunals disabled people. Therefore, Dr Kira Allmann and I are as a Visiting Fellow in Law, sponsored by University College. Judiciary, 2019). In order to encourage outstanding working on a Brexit and Disability Podcast for the Oxford Joining her is Dr Gilberto Algar-Faria, who has started in students with disabilities to apply to Oxford and to have Human Rights Hub. post as the Postdoctoral Research Fellow on the project. a strong voice in this vibrant academic community, it The group is beginning to speak with various affected Diversifying our curriculum to better include issues is necessary for them to believe that the University is parties to collect information about the heterogeneity relating to disability has an important role in providing investing in their long-term academic and professional and nuances of the anglophone cause. The research will law students the skills they need to better represent legal careers. Consequently, I am really looking forward culminate in a report and roundtable discussion at the end clients with disabilities in their future legal careers. Thus, to working with Dr Gauthier de Beco, University of of Hilary 2020; the wider ambition is to produce policy I particularly enjoyed teaching a seminar on the Law Huddersfield, investigating the different ways to better recommendations in support of peacebuilding efforts. and Computer Science Course on ‘Ethics - Technology, achieve ‘inclusive legal education’. Funding from the Global Challenges Research Fund, the Fairness and Inequality’ in Michaelmas Term. Another John Fell Fund, the Knowledge Exchange Seed Fund and the highlight was working with Associate Professor in Human Dr Marie Tidball, Research Associate, Centre for British Academy has made this work possible. Rights, Dr Shreya Atrey, to teach a for the Protection and Criminology

26 Oxford Faculty of Law News Oxford Faculty of Law News 27 Research

Remembering Rwanda receives impact award New Oxford Forum for International Humanitarian Dr Julia Viebach, African Studies Centre and Law Kwibuka Rwanda is a photographic exhibition that delves Faculty, and Jozie Kettle, Pitt Rivers Museum, have won into the world of survivors working at memorials who Law Compliance a Vice-Chancellor’s Public Engagement with Research have pledged their lives to care, clean and preserve the Elizabeth Stubbins Bates, an early career Fellow at the Award for 'Remembering Rwanda' which encompasses dead bodies of their loved ones that are often displayed Bonavero Institute of Human Rights, has been awarded two engagement activities: 'Kwibuka Rwanda' (‘we at such sites. £4,500 from the University's knowledge exchange seed remember’ in Kinyarwanda) and 'Bearing Witness'. fund to establish the Oxford Forum for International The exhibition was displayed at the Pitt Rivers museum The project draws on Julia’s research with survivors to Humanitarian Law Compliance. in 2018 and has also been displayed abroad. capture the nature, narratives and the materiality of The Oxford Forum for International Humanitarian Law Rwanda’s genocide commemoration. Bearing Witness builds on and expands the collaboration (IHL) Compliance is a series of workshops at which with the Rwandan community and Julia’s work on states will share their practice on IHL’s procedural norms diaspora commemoration on occasion of the 25th of implementation and enforcement, and hear research anniversary of the Genocide against the Tutsi this year. findings from scholars working on the same norms. Through a case display at the Pitt Rivers Museum co- curated by survivors and a video installation featuring their life stories, Bearing Witness acknowledges the Research into immigration courage and resilience of those who bear the burden of Pioneering Women: L-R Jean-Baptiste Kayigamba (survivor of the Genocide against survivor-hood. the Tutsi and project partner/participant), Julia Viebach, Jozie Ket- and border controls tle (Pitt Rivers Museum), Katherine Clough (exhibition designer), Challenging the Caritas Umulisa (survivor of the Genocide against the Tutsi and Funds have been awarded to various projects looking into project participant/partner) Democratic Deficit in immigration and border control. A project led by Anna the Legal Professions Tsalapatanis will examine the impact of the experiences of immigration processes on the individuals who navigate This project, led them. Ensuring the benefits of AI for All: Designing a by Professor Linda Mulcahy and Dr Dvora A project led by Professor Mary Bosworth, Director of Sustainable Platform for Public and Professional Liberman, aims to the Centre for Criminology, will study of the processes of create an oral history deportation, removal and transportation of immigration Stakeholder Engagement of pioneering women detainees at a time when such matters are high on lawyers which will be the political agenda. This project builds on research The Centre for Health, Law, and Emerging Technologies to support a platform for stakeholder engagement and lodged in the sound that Professor Bosworth has been conducting inside (HeLEX) is venturing on a new ESRC-JST funded project involvement in the development and implementation of archive of the British immigration removal centres in the UK over the past to advise on the best practice of Artificial Intelligence (AI) AI technologies in healthcare settings. Library as a national decade. This new study will allow her to map the whole in healthcare to ensure the benefits for all in the UK and resource. It aims to border control system, for the very first time, anywhere Japan. open up debate about in the world. the sort of work that qualifies as pioneering and to Professor Jane Kaye, Director of HeLEX in collaboration Professor Bosworth is also leading a project which raise the profile of women whose contribution has with Professor Beverley Yamamoto of Osaka University looks at the implications of the involvement of the been marginalized in public debate. The researchers in Japan will embark on this 3-year project from January private sector in border control and immigration for our are particularly interested in the experiences of 2020. The inter-disciplinary team includes researchers understanding of sovereign power and citizenship. women from black, Asian and minority ethnic; and from social science, medicine, life science, and ethical and lesbian, gay, bisexual or transgender (LGBT) groups; legal backgrounds. as well as from lower socio-economic backgrounds. The programme of research will adopt a mixed-methods The project will also focus on women lawyers who approach and aims to investigate effective strategies work outside of the commercial sector such as those engaged in advice work and poverty law.

28 Oxford Faculty of Law News Oxford Faculty of Law News 29 strengthen our response. The purpose of the new Centre various recent and ongoing studies, including during the Policy and Evidence Centre is to provide independent, impartial and authoritative Independent Review of the UK Modern Slavery Act, insight and analysis on modern slavery, based on high resulting in the Independent Review recommending that quality research, of real practical utility to policymakers, there is a “need [for] evidence on the most effective on Modern Slavery and legislators, international organisations, businesses, civil regulations and interventions in tackling modern society and the public. It will bring together existing work slavery in global supply chains.” The project will take a and commission new and innovative research on modern comparative approach to measuring the effectiveness Human Rights slavery to enhance understanding of this complex and and assessing the impact of section 54 in its current evolving threat and to significantly improve the evidence form, including an analysis of how effectiveness could be base which underpins legal and policy responses. defined and measured. Institute for the study of Slavery and Emancipation at The Bonavero Institute will work with an impressive the University of Hull, the Centre for the Study of multi-disciplinary team of academics within Oxford in International Slavery at the University of Liverpool, and contributing to this broader multi-disciplinary Centre. the Alan Turing Institute, the national institute for data The Institute has already begun collaborating on two science and artificial intelligence, in London. projects under the auspices of the Centre. The first looks The Centre’s job will be to bring about a step change in at transparency and accountability for Modern Slavery our understanding of modern slavery and to transform in supply chains. Section 54 of the Modern Slavery the effectiveness of the legal and policy framework Act requires UK businesses earning over £36 million to which is designed to eradicate it. The new research disclose the steps they have taken to prevent modern slavery in their supply chains. This reporting requirement The Bonavero Institute is one of six partners in an centre, funded by UK Research and Innovation (UKRI) was designed to allow consumers and civil society to ambitious new national Policy and Evidence Centre on Strategic Priorities Fund and led by the Arts and exercise a type of accountability over those companies Modern Slavery and Human Rights. The Centre will be Humanities Research Council (AHRC), will bring together that effectively control complex global production led by the Bingham Centre for the Rule of Law and in academics, policy-makers, businesses and charities to networks and commodity chains. The effectiveness of addition to the Bonavero Institute includes the Rights drive forward new studies, share knowledge, and improve the reporting model has been called into question in Lab at the University of Nottingham, the Wilberforce collaboration both at home and overseas, to further

30 Oxford Faculty of Law News Oxford Faculty of Law News 31 DPP, he has conducted a series of studies, starting in of Atma Jaya, Indonesia, Professor Jeffrey Fagan of 2006 with research on the mandatory death penalty in Columbia University and Dr Claudia Stoicescu, a Research The Death Penalty Trinidad and Tobago. Since then, he and Carolyn Hoyle Associate of the Centre for Criminology, they are also have worked with The DPP on reports on the Caribbean, planning a deterrence study of the death penalty. Africa, and Asia, addressing public opinion on the death These projects are aimed at challenging prevailing Carolyn Hoyle penalty, the views of ‘opinion formers’, sentencing, and Research Initiative rationales for capital punishment in Indonesia, and indeed wrongful convictions. across Southeast Asia. There is an absence of rigorous This Spring, the Law Faculty’s Centre for Criminology aspirations, training ‘local’ researchers, and sharing in In the coming months, The DPP will publish reports by empirical data to inform policy choices in Southeast will launch The Death Penalty Research Initiative (DPRI), the production and dissemination of outputs, they will Roger Hood and Carolyn Hoyle on the views of opinion Asian countries, and without evidence on efficacy, following more than three decades of scholarship and seek to ensure that their research has an impact on formers on the death penalty in Eastern Caribbean governments, including in Indonesia, justify the death engagement on the death penalty worldwide. Professor governments, civil society, legal practitioners and those and Barbados, and in Zimbabwe. In the past few years, penalty by reference to its supposed deterrent effect and Carolyn Hoyle will lead the Initiative, building on the work who are subject to criminal justice systems. The DPRI Carolyn Hoyle worked with The DPP and partner the public appetite for harsh punishments. For the last 20 of Professor Roger Hood, who was until his retirement is not only aimed at elucidating the law and practice of organisations on ‘elite’ opinion research in India and years, Indonesia’s commitment to the death penalty for in 2003 the Director of the Centre and a leading death capital punishment worldwide, but at challenging it, with Bangladesh, producing a comparative report (Judicial drug traffickers in particular has put almost 300 people penalty scholar. Working closely with colleagues and the explicit aim of abolition or, failing that, progressive Attitudes towards the Death Penalty: Opinion Studies in on death row, 186 of whom have been convicted for students in Oxford and beyond, she will collaborate with restriction. India and Bangladesh) which was the focus of a public drug offenses, and produced 44 executions, 24 for drug partner organisations, in particular the London-based debate in Bangalore in September 2019. trafficking. The aim of the DPRI team is to be international in its legal charity, The Death Penalty Project (The DPP), reach, including all jurisdictions that retain the death The research team is committed to providing Indonesia which has for 30 years engaged in litigation, capacity penalty. They will, however, pay particular attention to with rigorous and independent empirical research to building and research on the death penalty in over 30 South and Southeast Asia and to the Commonwealth allow for evidence-based policies on drugs, crime and countries. countries of Africa and the Caribbean where there are capital punishment. Engagement on these issues has The DPRI has three main aims: fewer due process protections and retention for crimes already begun with the team producing newspaper that are not typically thought of as the most serious. In editorials and presenting to audiences at a range of (a) to develop empirical, theoretical and policy-relevant these countries, there is little scholarship on the death events, including most recently at the Human Rights research on the death penalty worldwide; penalty and their commitment to working with academic Festival in Jakarta in December 2019. (b) to encourage death penalty scholarship including and civil society partners can help to build capacity for at graduate level, through education, events, research research and engagement that could have an impact on dissemination and an active blog; and the retention and administration of capital punishment. Such work is aimed at ensuring the greatest possible impact, with publication of reports followed by (c) to engage in knowledge production, exchange and engagement with local stakeholders, not least dissemination in cooperation with civil society, 15 Years of Collaborative Death governments and opposition parties. charities, legal practitioners and local academics in Penalty Scholarship Over the coming years, Carolyn Hoyle will continue her those countries where research is ongoing. Professors Hood and Hoyle have for decades produced research on foreign nationals at risk of capital punishment It will focus on the retention, administration and politics international surveys of abolition, retention, and across South and Southeast Asia, developing theoretical of the death penalty worldwide, aiming to understand administration of the death penalty. The Death and empirical accounts of citizenship alongside other the rationales for the death penalty, how it is used Penalty: A Worldwide Perspective (OUP, 2015, 5th sites of disadvantage and discrimination. This research in practice, and its diverse application and impact on edn) began life in 1988 as a Report to the United builds on a 12-month pilot study of Malaysia which has communities. Nations Committee on Crime Prevention and Control. established the feasibility of the research and a network While this research will speak to the key assumptions in Subsequent editions have been informed by replies The DPRI team are committed to working with partner of partners who will be invaluable to the success of the Indonesian law on the purposes of capital punishment, to the United Nation’s Quinquennial Surveys on the organisations and academics in various regions on project. it will also address specific policies that go beyond death penalty, which Roger Hood had previously been collaborative production and dissemination of empirical criminal punishment to include the effects of drug use commissioned to analyse, but also by developments and theoretical knowledge. While their main partner is and trafficking on health, education, public safety, labour relating to the death penalty around the world, including Working with Partners in Indonesia The DPP, they will also collaborate with LBH Masyarakat, markets and migration. The data will allow the team to academic research, debates, international law, and Following feasibility studies conducted in 2019, Carolyn Indonesia; The Capital Punishment Impact Initiative, form new perspectives on social interventions to reduce official and news reports. Hoyle and The DPP are currently working with the Monash University; Project 39a, India; the Justice and control drug problems across the population, without University of Indonesia and an Indonesian NGO, LBH Project, Pakistan; Amnesty International; and Harm Their empirical collaborations with The DPP have focused recourse to the death penalty. Masyarakat on elite opinion research and public opinion Reduction International. By building on partners’ research on issues in specific jurisdictions. Since 2004, when research on the death penalty. With the University Roger Hood became an academic consultant to The

32 Oxford Faculty of Law News Oxford Faculty of Law News 33 properties. In the long term, the aim is to develop The Future of Plastics packaging that is both recyclable and biodegradable. As well as the new materials themselves, the project will also develop an implementation A new cross-disciplinary project will examine the lifecycle syringes and catheters. roadmap identifying how to break down the market, of plastics and aim to restructure it to become more regulatory and social barriers to their widespread Restructuring the lifecycle of plastics to become ‘circular’ so that plastics can be better recycled or made adoption. This will be developed with feedback from more ‘circular’, i.e. eliminating waste by designing for biodegradable to eliminate waste. The project ‘A circular stakeholders including industry, NGOs, international disassembly and re-use, has the potential to solve plastics economy for the Sustainable Development bodies and academia. many of these problems while maintaining plastic’s Goals’ is a collaboration between the Faculty of Law, the valuable contribution towards meeting the Sustainable The core objective of the project is moving to a new Department of Chemistry, the Smith School of Enterprise Development Goals (SDGs) as set out by the United plastics economy, where future plastics are fully Gull searching for food between rubbish on beach at Naples and Environment and is funded by the Oxford Martin by Jens Metschurat, Adobe Stock Nations. Solving the problems with the current recyclable but ultimately degradable. Developing School. manufacture, use and disposal of plastics requires thinking interventions to change technology, law, social The usefulness of plastic in every aspect of our lives across deeply ingrained disciplinary boundaries as well as policy, human behaviour and economics, as well as is sadly matched by the ubiquity of discarded plastic: strong engagement with the manufacturing and end-use the prototyping of patented materials and products, over 350 million tonnes are produced annually but only industries. This programme will bring together experts will be essential to achieving this. The researchers a fraction of these plastics are recycled and many are to work creatively on the technical, economic and legal look towards a future that limits environmental pervasive materials not designed for degradation. issues around a future plastics economy that supports, damage and pollution without losing the many rather than undermines, the SDGs. benefits that plastics provide. Plastic pollution, visible around the world on land and in our oceans, is a direct result of the extraordinary The project will work to develop new materials for use in A major difference between this approach and durability of current plastics. Plastics, however, are also those plastics sectors that present particularly difficult conventional materials discovery programmes is the vital to meeting the UN’s Sustainable Development problems. Part of this will be investigating the under- integration, from the outset, of teams with expertise Goals. They are used in lightweight transport for greater explored concept of chemical recycling where plastics well beyond science. This programme offers the fuel efficiency, water purification membranes, high- are broken down to their base ingredients and those are opportunity to input broader societal, economic and performance electronics, food waste reduction, efficient re-used. This would allow multiple recycling loops for legal questions into the scientific and technological Plastic bottles and containers prepared for recycling by Photka, Adobe Stock insulation, and in essential medical devices like IV bags, the same plastics without compromising their useful development.

Plastic pollution in ocean environmental problem. Turtles can eat plastic bags mistaking them for jellyfish. By Richard Carey on Adobe Stock

34 Oxford Faculty of Law News Oxford Faculty of Law News 35 systems of the following jurisdictions: Business and Human Rights Argentina, Australia, Bangladesh, Brazil, Canada, China, Research Programme France, India, Kenya, Netherlands, Philippines, South Human rights research by business activities. There is a growing number of Africa, Switzerland, often focuses on legislative responses in different countries to ensure that Ukraine, UK and US. the relationship accountability. A leading, and early, example is the US The research will the Dutch child labour due diligence law and the Swiss between the citizen Alien Tort Claims Act. More recently, the French duty of proceed in two stages. responsible business initiative). In Hilary term 2020, and the state. In the vigilance law provides that the largest French companies The first will involve the Bonavero Institute is organising a series of events last few decades, may be subject to civil liability for failure to conduct the preparation of under the title ‘Human Rights Due Diligence in Law and however, human rights practitioners and scholars have human rights due diligence in relation to their supply scholarly examinations Practice’ in collaboration with the Oxford Business and increasingly recognised that it is necessary to focus on chains. In October 2019, the Bonavero Institute initiated of the relevant law in each jurisdiction. In October Human Rights Network (OxBHR) to discuss the recent the role business can play in ensuring respect for human a two-year project funded by the Oak Foundation to 2020, the Bonavero Institute will host an international regional and national developments with a group of rights. The increased interest in the intersection between examine the ongoing developments in the field of civil roundtable to discuss the key trends and developments leading practitioners and academics. OxBHR is co- business and human rights led to the endorsement of the liability for human rights abuses, to assess whether civil in the law of civil remedies in the identified jurisdictions. convened by Dr Ekaterina Aristova and Lisa Hsin. United Nations Guiding Principles on Business and Human liability does provide an efficient mechanism to hold The second stage will be to develop a practical manual Rights by the United Nations Human Rights Council in perpetrators accountable for their involvement in three outlining existing rules in each of the jurisdictions which Examining the basis for regulating June 2011. specified categories of human rights violations (assault will be of use to human rights practitioners. One of the corporate power and/or unlawful arrest and detention; environmental main aims of the project is to strengthen dialogue and Business and human rights is rapidly emerging as a The Bonavero Institute also hosts the project ‘Regulating pollution; and harmful or unfair labour conditions in the mutual learning between human rights scholars and legal discipline, and the Bonavero Institute of Human Corporate Power’ led by Bonavero Early Career Fellow supply chains) and to provide guidance to practitioners practitioners across a wide range of jurisdictions, as well Rights has identified it as one of its key research areas. Nick Friedman. This interdisciplinary and comparative in this area. The project is led by Professor Kate O’Regan as to deepen understanding of the key legal issues and The Bonavero Institute’s ‘Business and Human Rights research project critiques the ways in which law both and Dr Annelen Micus and coordinated by Dr Ekaterina enrich strategic thinking about litigation for civil society Research Programme’ covers a range of projects that constitutes corporate power and controls the exercise Aristova. actors worldwide. examine both the opportunities and challenges for of that power, focusing in particular on the applicability of public law norms typically used to restrain the state. enhancing responsible business practices that are The project involves a comparative study of the legal Monitoring of mandatory corporate respectful of human rights. Work in progress examines the current national and due diligence on human rights international initiatives to hold corporations accountable The Oak Foundation project on civil The Bonavero Institute has also been monitoring for human rights violations in transnational commercial liability for gross human rights abuses legislative initiatives that require businesses to perform contexts. human rights due diligence assessments. There is an Inspired by human rights standards, the law of civil If you would like to find out more about the Business increasing number of such initiatives, especially in remedies is being increasingly employed by litigants to and Human Rights Research Programme at the Bonavero Europe, which extend corporate responsibility for human foster accountability for human rights abuses caused Institute of Human Rights, visit www.law.ox.ac.uk/ rights across groups and their supply chains (for instance, business-and-human-rights.

36 Oxford Faculty of Law News Oxford Faculty of Law News 37 Events

the reports from the project showed its quantity.' She explained that the The symposium opened with three Panel Discussion: that unconscious bias in recruitment and construction of merit should not be 2019 Symposium presentations covering the assessment of work allocation was the most widely tainted by discrimination. The first 100 years retail mergers by competition authorities identified barrier to equality, followed by on Trends in Retail (including the CMA’s three-step approach of Oxford Women unacceptable work-life balance. The talks were followed by questions and answers which included the topic Competition and the GUPPI formula), a perspective in Law Dame Elish Angiolini discussed how she of quotas, on which there was not of the recent Asda/J Sainsbury merger became the first non-political Solicitor total agreement on the panel, and the decision and an assessment of the The Fifteenth Annual Symposium on competition effects of European buying How often do we have a chance to General for Scotland, the first woman, importance of having flexible working competition amongst retailers took place alliances and where the borderlines are mark the 100th anniversary of the Sex the first Procurator Fiscal and the first for all. last year at St Catherine’s College in Oxford. likely to lie. Disqualification (Removal) Act 1919, solicitor to hold the post. Kate Surala The symposium covered five themes which made it possible for women to The full report is available to download Dame Sarah Asplin continued with her (MSc Law and Finance 2016 - 2017) relevant to competition involving branded qualify as barristers and solicitors for inspiring story of career progression producers and distributors: buyer power, from the Law Faculty website, just search the first time? Oxford Women in Law from being called to the Bar in 1984 to unfair trading practices, the Vertical Block ‘2019 Symposium’ hosted an event at the Meeting Minds her appointment both as a Master of Exemption Regulation, territorial supply weekend in Oxford in September 2019 the Bench and Queen’s Counsel in 2002. constraints and competition policy. to discuss the progress made during the Dames Asplin and Angiolini laughed first 100 years and the challenges that about the time they were invited to still exist for women entering the legal try on their robes for their ceremony profession. The chair Judith Freedman to celebrate their QC appointments as (now Professor of Taxation Law and the Law Faculty’s second Equality and They place the burden on me to step ‘the measurements and robes were only Annual Equality Diversity Lecture, following on from out of my world and reach into theirs.” Policy at Oxford) studied law at Lady designed for men’. Margaret Hall when only five colleges Baroness Hale of Richmond DBE who Girma explained that environments, in admitted women and she introduced an Anne Davies, the Dean of the Oxford and Diversity delivered the inaugural lecture in 2018. both schools and society, are designed inspirational panel of women. for a specific type of person and people Law Faculty, highlighted the struggles Haben Girma is the first deaf-blind that women face when working in Lecture in our society usually treat others in Christina Blacklaws, past President graduate from Harvard Law School accordance with their own needs and academia. ‘When we receive applications “We should have and a renowned disability advocate. of the Law Society, opened the panel for various positions at our Faculty, abilities. Consequently, disabled people by discussing the results from her access and inclusion Girma fights for equal opportunities are forced to assume the burden, often it's important to take account of and equal access for disabled people. remarkable Women in the Law project. career breaks when looking at lists of from a very young age, of becoming She made improving the gender balance for everyone”: In In recognition of her work, Girma was their own instructors and advocates. publications and to prioritise assessing declared a White House Champion of in the male-dominated legal professional the quality of people's work over Conservation with This is a reality that clearly resounded one of her priorities as President and Haben Girma. Change by President Obama; she has with disabled members of the audience, received the Helen Keller Achievement myself included. Award; and secured a spot on the Forbes 30 under 30 list During the event, Girma also highlighted ableism – assumptions for a Digital Court Process’ and Damien Byrne Hill, Head of Questions were posed to Girma by about and prejudice towards disabled Civil Procedure UK and US Dispute Resolution at Herbert Smith Freehills, DisCam Co-Chair and Law Student, people – as one of the largest barriers presented the results of an internal survey of HSF lawyers Rahul Bajaj, and the audience. As disabled people face. She spoke of her Rules at 20 as to both the successes of the CPR to date and priorities questions were asked, Girma’s typist experiences of ableism however, when for reform. Lords Neuberger and Dyson also participated entered them into a keyboard, which asked if she was optimistic about the In June 2019 the Bonavero Institute of Human Rights in a conversation with Professor Kate O’Regan, Director of was connected via Bluetooth to a braille future, Girma claimed she was. “We machine held by Girma. This allowed hosted 'The CPR at 20', a conference to mark the twentieth the Bonavero Institute of Human Rights, reflecting on the can change systems” she announced, Girma to read the questions and provide anniversary of the Civil Procedure Rules coming into force. challenges of managing civil justice during their time as Master highlighting how education is key. Girma a response. Girma’s replies were given Topics included the challenges and opportunities of digitalising of the Rolls. believes society should learn about the verbally, as she has some hearing in high the civil justice system, the early experience of class actions different ways we are human and that it The Conference was generously sponsored by Herbert Smith frequencies and has thus trained herself in the Competition Appeal Tribunal, disclosure reforms, the is a community’s responsibility to ensure Freehills. to speak in a higher voice. use of closed material procedures to protect national security, that all spaces and programmes are accessible to all people. procedural aspects of judicial review, and costs and funding The questions asked generated rules. Each session included contributions from distinguished exceptionally interesting responses from A video and full transcript of the 2019 judges, scholars and Girma, with themes explored in greater Equality Lecture can be viewed on the practitioners so as to depth within her memoir: “Haben: The Law Faculty website. provide the audience Deafblind Woman Who Conquered with a broader range of Harvard Law”. Ebie Edwards Cole (She/Her), Oxford perspectives. In November last year, the Law Faculty, Student Union’s Disabilities Campaign When asked about her experience in collaboration with Oxford Student Co-Chair. Sir Terence Etherton Union’s Disabilities Campaign (DisCam), of education she said: “It’s a sighted, MR gave the key note and Oxford Law Society, were delighted hearing classroom, in a sighted, hearing address on ‘Rule Making to host Haben Girma. Girma delivered school, in a sighted hearing society.

38 Oxford Faculty of Law News Oxford Faculty of Law News 39 Alumni News & Events

MLF alumna featured Tobias Lutzi wins 2019 ICC Institute Prize in Management Law Faculty alumnus elected Vice-President Tobias Lutzi's doctoral thesis has been awarded matriculating in 2014, and then continued at the Today’s ‘35 Under the International Chamber of Commerce prize. Faculty to do his MPhil and DPhil. He is now a research of the European Court He received the prize, along with prize money of assistant at the Institute for Private Law at the 35’ list €10,000, at a ceremony following the 39th Annual University of Cologne and has also been a legal trainee Conference of the ICC Institute, at the Cologne Higher Regional Court since December Congratulations to MLF alumna Kate Surala, of Human Rights 2018. who was recently featured on Management The thesis, titled 'Regulating the Internet through Today’s 35 Women Under 35 list. Now in its Judge Robert R. Spanó has been elected Vice-President Private International Law', addresses the question of 19th year, the list spotlights the country’s top of the European Court of Human Rights. how rules of private international law shape the legal businesswomen, with alumni including Stella Robert achieved an MJur with distinction in European framework for online activities in the European Union McCartney and Martha Lane Fox. and Comparative law (University College) in 2000. and how these rules can contribute to their effective After completing her MSc in Law and Finance He won the Clifford Chance Prize (proxime accessit) regulation. in Oxford in 2017, Kate joined The Analyst and the Civil Procedure Prize. He went on to serve as Commenting on his win, Tobias thanked his supervisor, Research LLP. She was promoted to COO a judge in Reykjanes, a Parlamentary Ombudsman of college and Faculty in Oxford for their unending after four months, and was made partner last Iceland, a dean at the Faculty of Law at The University support. He came to Oxford to study for the MJur, Tobias Lutzi and Ercument Erdem (head of the judging panel) year. She is working on her PhD thesis on the of Iceland and his nine-year term as a Judge of the unbundling requirements introduced by MiFID European Court of Human Rights began in 2013. II at Radboud University Nijmegen, supervised Róbert was elected President of Section of the Court by Professor Dr Danny Busch. Kate is also a in May 2017. Andrew Bell appointed Celebrating 10 years member of the Oxford Women in Law advisory Robert recently board and her latest project is a book on how to President of the NSW of the MSc in Law and gave the inaugural succeed as a young woman in the workplace. Annual Bonavero Court of Appeal Finance Human Rights Prominent Sydney During the 2019 Meeting Minds Alumni Weekend, Lecture on ‘'The barrister the Honorable the city of Oxford came to life as people from all over Democratic Justice Andrew Scott the world gathered to celebrate different disciplines Virtues of Human Bell was last year sworn and perspectives, and reminisce about the time they Rights: A Response in as a Justice of the spent at Oxford. During the weekend, the MSc in Law to Lord Sumption's NSW Supreme Court and Finance (MLF) kicked off its 10 year anniversary Reith Lectures', a and appointed President celebrations with an alumni dinner and panel. The MLF transcript of which of the NSW Court of is a ten-month programme offering students with can be found on Appeal. a prior background in law the chance to develop an the Law Faculty advanced interdisciplinary understanding of relevant Andrew was a Rhodes Scholar in 1990 and read for the website. economic and financial contexts. It was a pleasure to BCL. He was awarded the Vinerian scholarship for first see unique minds come together and we hope that place in the BCL and took silk in 2006. the 2020 Meeting Minds Weekend is going to be He is the Senior Vice President of the NSW Bar even better! The weekend’s essence was captured on Meeting Minds Association and a past Chairman of a Professional film and can be viewed on the Law Faculty’s YouTube channel. The annual University alumni weekend ‘Meeting Minds’ will take place Conduct Committee. For the past decade, he has been from 11 – 13 September 2020. Professor Linda Mulcahy, Director of the an Adjunct Professor of Law at Sydney University. Centre for Socio-Legal Studies, will be speaking during the event about her He was twice chairman of Eleven Wentworth, one recently published book ‘The Democratic Courthouse: A Modern History of of Australia’s leading chambers in commercial and Design, Due Process and Dignity.’ constitutional law. In 1990-1991, he was the YEARS MLFMSc in Law and Finance Associate to Sir Anthony Mason AC KBE QC, the ninth 10 Chief Justice of Australia.

40 Oxford Faculty of Law News Oxford Faculty of Law News 41 Alumni News & Events

Professor Subedi awarded the degree of Doctor of Civil Law (DCL) by the University of Oxford

law, whilst his knowledge of specialist areas of law has permitted him to make specific suggestions for reform.” They went on to add that “Professor Subedi’s academic achievements, combined with his substantial body of publications and engagement with governmental and intergovernmental organizations, demonstrate work of the highest quality sustained over time.”

The Oxford DCL is awarded rarely and only in exceptional cases. Commenting on his award, Professor Subedi said that it was an immense honour and privilege to be awarded the highest degree of Oxford. Professor Subedi had obtained his DPhil in Law at Oxford in 1993 and his thesis was awarded the Dasturzada Pavry Memorial Prize for an outstanding thesis of the year. He currently is Professor of International Law at the permission to travel to Oxford. Professor Subedi then contribution over a sustained period at the international University of Leeds and a practising barrister at Three travelled to Oxford in September 1989 with his wife level to develop international law and to advance human Stone Chambers, Lincoln’s Inn, London. From 2009 to who was six months pregnant with their first child. He rights.” 2015 he was the UN Special Rapporteur for human reminisces about the wonderful welcome and generous Born into an academic family in Lamjung Khudi, a rights in Cambodia and from 2010 to 2015 served as support rendered to him and his wife by Sir Richard picturesque village in the foothills of the Annapurna a member of a high-level Advisory Group on Human Norman, the then Rector of his College, Exeter, and the mountain range of the Himalayas, Nepal and inspired by Rights to the British Foreign Secretary. He was elected college Bursar. He remembers with gratitude the kindness the teachings of Hindu/Buddhist philosophy of peace, to the Institut de Droit International in 2011 and made a of the Bursar of his college who had supplied enough non-violence, equality, tolerance, and a sense of duty to Membre Titulaire in 2015. woollen blankets made in Witney and other household An alumnus of the University of Oxford, Professor Surya items needed by the young Nepalese family in Oxford to others, Professor Subedi took to law for his university P. Subedi, QC, OBE, has been awarded the degree of Professor Subedi has a nostalgic feeling about his time get through the winter when residing in the Summertown education believing that it was a discipline in the service Doctor of Civil Law (DCL) by the University. The award at Oxford as a student. Both of his children, Pranay and House in north Oxford. of others. His father was a great educationalist and a was granted in recognition of his exceptionally insightful Anita, were born in Oxford during his DPhil studies and scholar of Sanskrit, and public service ethos were strong in Professor Subedi became the first Nepali to obtain a DPhil and distinctive publications that contain significant and one of them followed in his footsteps and came up to the Subedi family. He continues in his mission through his from Oxford and went on to receive an OBE in 2004 original contributions to the study of international law. Oxford to read law. Prior to coming to Oxford, Professor publications in international law in general and international for services to international law and the title of Queen’s Higher doctorates are earned awards of the University Subedi was working as a legal advisor to King Birendra of human rights law in particular. He attributes his success in Counsel honoris causa in 2017 for his contribution to the of Oxford whose fundamental purpose is to recognise Nepal and was about to start a family in Kathmandu. But international law to the stimulating environment offered development of international law and to the advancement excellence in academic scholarship. when he was offered a place to undertake his doctoral by Oxford during his DPhil studies and the advice and research and awarded a Foreign and Commonwealth of human rights. The award of Honorary Queen’s Counsel guidance rendered by his supervisor Professor Christine The judges of the higher doctorate award praised Office Scholarship, he could not resist such a once in a is made to distinguished qualified lawyers and legal Gray. He also is grateful to his wife Kokila for supporting Professor Subedi as “a scholar of uncommon breadth of life time opportunity to study at Oxford. academics who have made a major contribution to the law him throughout his studies at Oxford while bringing up knowledge and depth of thinking. His work is substantial of England & Wales outside practice in the courts. A press their two young children in a new country. in scale. He is a legal philosopher whose work has had Upon hearing that his legal advisor had been offered release issued by the Government on 12 January 2017 an undoubted impact on the theory of international a place to study for a DPhil, King Birendra granted him stated that Professor Subedi had made “an exceptional

42 Oxford Faculty of Law News Oxford Faculty of Law News 43 Alumni Profiles

What has been the biggest challenge in your learn from and interact with thoughtful minds allowed me career to date? to develop a richer understanding of my particular areas of I would say that I, like many other lawyers, have a focus - financial regulation and capital structure. tendency to over-commit. It is often very hard to say no Who was the biggest influence on you when you to interesting projects, whether at work, or opportunities studied here? to write book chapters or journal articles, or to speak at There was more than one person that influenced my time in events. My observation is that this is a very common Oxford. In no particular order, academically I was influenced dilemma amongst lawyers, and one that can only be cured by Professors Paul Davies, Alan Morrison, John Armour, by prioritisation, and feeling comfortable in saying “no”. and Dan Awrey. The structure of my work was particularly What is your specialism, and would you influenced by the joint supervision of Paul Davies and Alan recommend it to current Law students? Morrison and I steadfastly tried to reconcile lessons from Stefanie Wilkins My advice to current law students is to follow their Wande McCunn Financial Economics, Financial Regulation, and Corporate Law. A summary of your career so far: interests, which will of course be individual. You will hopefully have a long career in law, and it will be so much A brief biography of yourself and summary of I completed my undergraduate studies – a double-degree What has been the biggest challenge in your more rewarding and enjoyable if you are passionate about your career so far: in civil engineering and law – at the University of Adelaide. career to date? what you are doing. To that end, my advice is to try and I then spent two years working as an Associate (clerk) to I was born in Nigeria but grew up in Australia. I matriculated My biggest professional challenge is filtering out the noise find out as much as possible about different careers in a judge in the Supreme Court of South Australia. I came in 2011 as a student of Keble College and in 2013 I moved whilst being a participant in financial markets. This challenge law before committing to a particular course. I think it is to Oxford to do the BCL, and then returned to Australia to New College. I graduated with an MSc in Law and requires me to use the discipline developed during my also fair to say that different careers in law have different to work at a leading firm specialising in insolvency and Finance, Masters of Philosophy of Law, and a Doctor of DPhil and to balance that with the pragmatism required by practical advantages and disadvantages – a career at commercial litigation. I spent about five years in practice Philosophy of Law. I joined the Bank of England in 2017 and financial market participants. Ultimately, this is really about the bar, for example, can involve unsocial hours and be before deciding I was ready for a different challenge, and worked in the Resolution Directorate. In late 2018, I joined time management. Unfortunately, I do not have the time somewhat unpredictable, but on the other hand there is I returned to Oxford in 2014 to commence a DPhil on the an investment management company called Carmignac. to explore the many interesting topics that arise at work. also the flexibility of self-employment. I would therefore topic of third party litigation funding. Since then, I have Today, I am a Credit & Equity Financials Analyst. Instead, I tend explore a broad array of topics and then also advise students to consider, in this broader sense, qualified as a barrister in England and Wales, completed focus one or two specific sub-topics. what they want from a career in choosing amongst the What led you to decide to undertake the MSc in pupillage and joined chambers in London. I now practice at available paths. Law and Finance? What advice would you give to someone South Square, in insolvency and commercial litigation. I co- I studied the MSc in Law and Finance (MLF) because it considering coming to Oxford to study in the authored 'Zuckerman on Australian Civil Procedure' with my This year we continue to celebrate 100 years bridged two subject areas that I studied separately as Law Faculty? supervisor and others. I have also had periods of maternity of women in law, what issues still need to be an undergraduate. I had always considered that Law and leave when my two daughters were born. addressed? Take the time to understand in detail what interests you the Finance could and perhaps should be studied together. most. Academically, the reading lists are long and unless you It is unquestionable that combining legal practice with What attracted you to a career in Law? The MLF was an opportunity to study the two subjects are extraordinary I do not think that you can internalise the parenting responsibilities is a very difficult challenge. I am I enjoy the intellectual challenge. Every day is different, and together. importance of the many seminal papers that make up the very fortunate that my husband does far more than his fair it is very rare to be bored. It is a job where the first and last reading lists. However, I suspect that this is by design. The share. I think it is unfortunate that conversations about How has your time in Oxford influenced your days of your career can be very different. This is what drew value of the reading lists is to introduce the ideas and to be flexible work, and accommodating family responsibilities, career path? Have you had the career you me to a career in law, and I am pleased to say that it has a reference list that can be returned to in the future. More often treat these as women’s issues. The reality for many planned or has it evolved over time? proved to be accurate. I have done a variety of things in my generally, take the time to get to know and learn from your families is that both parents have a career, and both men Yes. My time in Oxford was transformational. The career. peers. Oxford attracts unique minds and you should make and women may want or need some degree of flexibility frameworks that I learnt have allowed me to chart a course the most of the opportunity to interact with and learn from at different points. I think we, as lawyers, still have a long in financial markets. My career was not fully planned and What aspects of your law degree have proved them. to be the most useful in your career so far? way to go in accommodating this. indeed I considered several paths. My objective has been to The BCL really challenged me to think about the law in a continue the journey of understanding how Law and Finance What is the one word that sums up Oxford to different way, and to question the assumptions or beliefs What advice would you give to someone interact. So far, I believe that I have been able to work at you, and why? I had held previously. When addressing difficult problems, considering studying Law at Oxford? that intersection. I believe that Oxford opened my eyes and Home. Academically and emotionally, I connected with I still find myself applying the same techniques of thinking Oxford is a wonderful place to live and study, and the the doors that have been necessary for this objective. Oxford; the place, my fellow students, and the academics. through the challenges which I learnt during my studies. Law Faculty is exemplary. I would recommend studying in What did you enjoy most when studying at More practically, I have found that the volume and quality Oxford without hesitation! Oxford? of work which was required during the BCL was good The people and the ideas. It is no understatement to say preparation for practice. that Oxford attracts unique minds. The opportunity to

44 Oxford Faculty of Law News Oxford Faculty of Law News 45 Honours

Laura Hoyano Linda Mulcahy Tarunabh Laura Hoyano, Associate Professor Khaitan Sue Bright of Law, has been invited by the Ministry of Justice and Home Linda Mulcahy, Professor of Socio- Birke Häcker Tarunabh Khaitan, Professor of Sue Bright, Professor of Land Law, Office to serve on a subgroup Legal Studies, has been invited by Public Law and Legal Theory, has has been appointed a Fellow of the of the Criminal Justice Board, to the Ministry of Justice to join a Birke Häcker, Professor of been awarded the 2019 Woodward Academy of Social Sciences for her conduct a review of the criminal panel of experts to offer advice and Comparative Law and Director Medal in Humanities & Social work as an established international justice response to rape and serious critical oversight that will steer the of the Institute of European and Sciences by the University of property law scholar, particularly sexual offences, as part of the design of the evaluation of recent Comparative Law, has been made an Melbourne for his 2015 monograph noted for her research on property renewal of the Violence against Court Reform. The Ministry of Honorary Bencher of Lincoln’s Inn. A Theory of Discrimination Law governance and energy efficiency. Women and Girls Strategy. Laura Justice is drawing on the expertise (OUP 2015 hbk, South Asia Sue teaches land law, contract law, will be formally representing the of a number of experts with the Mark Freedland edition and Oxford Scholarship regulation, and housing and human Criminal Bar Association, but is also aim of delivering a comprehensive Online, 2016 pbk). The book was rights. She has been teaching at the only academic to be appointed evaluation that informs the Mark Freedland FBA, Emeritus praised for making ‘a significant Oxford University since 1992, after to the review following the development and delivery of Professor, was one of two contribution to knowledge in a field a period as a solicitor in London and publication of her major empirical the Court and Tribunals reform recipients of the Bob Hepple Award of humanities and social sciences.’ teaching at Essex University. study of cross-examination of programme. for Lifetime Achievement in Labour sexual assault complainants on Law 2019 awarded by the Labour their previous sexual behaviour, in Law Research Network (LLRN). December 2018. According to the LLRN, "The goal of the Award is to acknowledge exceptional and longstanding contributions to labour law scholarship. Such recognition from the global community of labour law scholars, which the LLRN represents, is intended to be meaningful both for the Award recipients and for the community Dapo Akande Murray Hunt bestowing this honour." Shona Minson Jeremias Suzanne Chiodo Dapo Akande, Professor of Public Murray Hunt, Visiting Professor, has International Law, has been appointed Suzanne Chiodo, a DPhil student Dr Shona Minson of the Centre for been appointed the UK’s alternate international law adviser to a public Adams-Prassl and Stipendary Lecturer in Law at Criminology whose work on mothers representative to support the inquiry established by the New Oriel College, won the 2019 Peter facing prison has changed how UK’s new representative on the Jeremias Adams-Prassl, Zealand Government. The inquiry Oliver Prize in Canadian Legal History judges, magistrates and probation Venice Commission, Tim Otty QC. Associate Professor of Law, won is examining the conduct of New awarded by The Osgoode Society officers hand down sentences Murray, who is the Director of the the prestigious St Petersburg Zealand Defence Forces (NZDF) for Canadian Legal History for her has won a prestigious Celebrating Bingham Centre for the Rule of Law International Legal Forum Private during the conflict in Afghanistan, book The Class Actions Controversy: Impact Prize. She was awarded the in London, succeeds Professor Paul Law Prize for his book Humans as a and in particular, the actions of the The Origins and Development of ERSC Celebrating Impact Prize for Craig, Professor of English Law, as Service (OUP 2018). His book was New Zealand SAS during a particular the Ontario Class Proceedings Act, Outstanding Early Career Impact at a the UK’s alternate representative. selected from a shortlist of six by operation (Operation Burnham) authors from across the globe. published by Irwin Law. ceremony in July. carried out in 2010.

46 Oxford Faculty of Law News Oxford Faculty of Law News 47 Honours

Who was Martin On 3 March, Mr Race informed Dr Veale that Mr Wronker Wronker, founder of the died the previous day. There follow several years of discussions. One of the main prestigious annual prize? reasons it took a long time to confirm the arrangements was that it was difficult to separate Martin Wronker’s The Martin Wronker Prize is awarded to undergraduate personal affairs from those for his company. He had students with the best performance in their final exams. been in poor health for a number of years, and had sold Martin Wronker died 70 years ago on 2 March 1950 his company, but because the value of that company Mimi Zhou leaving an enduring legacy in Oxford in the form of his depended in part on past complex and poorly documented Horst prizes, which still benefit students to this day. business agreements, the company’s new owners and Dr Mimi Zou, Fangda CDF in others made claims against the estate. Consequently, the Martin Wronker was born in Kammin, Germany (now Chinese Commercial Law at St Eidenmüller estimated value of the estate varied between £15,000 Hugh’s College and Co-founder Kamien Pomorski in Poland), in 1895, but left Germany and £60,000. of the Oxford Deep Tech Dispute Horst Eidenmüller, Professor of in the 1930s. He established a film distribution business, Resolution Lab, has been included Commercial Law, has been invited International Film Renters, with an office in Wardour in the inaugural '40 under 40 Most Ken Macdonald During this period, Dr Veale explored a number of different to join a High Level Expert Group, Street, and was successful enough to own a flat in Upper Influential Asian Australian' Awardee options. This included asking the Keeper of the Ashmolean advising the European Law Institute Lord Ken Macdonald QC, warden list as one of the top five finalists Grosvenor Street. His work in London was interrupted only to assess the value of Mr Wronker’s art collection. The on promising company law projects. of Wadham College, has been for the Education category. The list for a short period in 1939 when, like almost all those of appointed President of the Howard keeper responded that ‘there is nothing, absolutely recognises the accomplishments of German origin, he was interned. He was, however, released League of Penal Reform. nothing, which it would be worth taking any action about’. exceptional young Asian-Australian in December of that year, having been classified as a leaders in their fields as well as their ‘Refugee from Nazi Oppression’. Ill-health forced him to The other reason for the delay in the establishment of track record in making a significant sell his company in the late 1940s. contribution to their community the prizes was that Martin Wronker made two codicils to and their leadership in driving his will. The first entitled Mrs Wronker to an annuity of Australia’s engagement with Asia. In December 1949, Martin Wronker approached the £500, and the second, which was being drafted at the University of Oxford through his solicitor, Mr Race, time of Martin Wronker’s death, and therefore was never offering to fund prizes for medicine, law, and architecture. executed, entitled Mrs Wronker to an annuity of £750, The university replied asking about the testator’s together with the sum of £2,500 for the purchase of a intentions, and were informed that the prize should be for house. ‘proficiency by undergraduates’, but also that the recipient must not be ‘a fascist or a communist’. Dr Veale remains courteous to all correspondents throughout, but writing a note to the file in January 1951, The University, through the person of Dr Douglas Veale, Dr Veale notes that "The Wardour Street confraternity are Robert Burrell agreed to meet the solicitors. First, he pointed out that the not too delicate in their notions". Also, as the estimated University did not have a school of architecture. There was Robert Burrell, Professor of value fluctuated, he and others expressed the concern a discussion about the difficulty of defining whether or Intellectual Property and Information John Vella that there may be insufficient funds to establish the prizes Technology Law, and Professor not a person did have particular political opinions, but Mr and pay the annuity. Michael Handler (UNSW) have John Vella, Associate Professor Wronker agreed that the conditions would be met if the James entered into a pro bono arrangement of Tax Law, was recently included candidates had to produce a statement from the Heads of By 1956, however, the matter was settled. The University with IP Australia to help review with the other members of the their colleges, certifying that there were ‘well qualified by invested the funds in several different Companies. When the Trade Marks Office Manual Goudkamp Oxford International Tax Group character’. the Inspector of Taxes asked to see a copy of the will, of Practice and Procedure. The in the International Tax Review’s James Goudkamp, Professor of Manual is an official publication Veale asked the Executor, asking for a ‘photostat copy. If 2019 Global Tax 50. The Global There was considerable internal discussion as to how the the Law of Obligations, has been of IP Australia, the agency which Tax 50 includes “the most you do not have a spare copy in your possession, we shall prizes should be assessed, and a discussion about the appointed as an Academic Bencher administers patents, trade marks, influential individuals, organisations, of course be willing to pay for one to be made’. of the Honourable Society of the registered designs and plant geopolitical events and trends in the name. One person involved made a note that “I take it that Inner Temple. breeder's rights in Australia. tax world.” the Prize will have to have a name and that the name will The first prizes were awarded in 1957. have to be the testator’s own, but it does strike me that this makes an exceedingly awkward mouthful.”

48 Oxford Faculty of Law News Oxford Faculty of Law News 49 Scholarships & Prizes

Law Faculty Graduate Scholarships Final Honour School Postgraduate prize Prize Winners 2019 winners 2019 Fountain Court Scholarship Alex Ivory 3 Verulam Buildings Scholarship Taylor Briggs Prize Candidate Name Prize Candidate Name Des Voeux Chambers Scholarship Hansheng Lim Wronker Prize (Overall Best Performance) Xue Tai 3 Verulam Buildings Prize for Legal Concepts in Financial Law Lakshman, Ramganesh Oskar Sherry Allen & Overy Prize in Corporate Finance Law Gavin, Philip Wronker Proxime (Second Best Performance) (shared) Gavin Goh Clifford Chance (Proxime Accessit) for the Second Best Des Voeux Chambers Scholarship Charlie Liu Eichberger, Fabian The D’Sousa Prize (Senior Status) (Overall best 2nd BA) Grace Attwell Performance in the MJur 4 New Square Scholarship Tomos Rees DLS Prize (Overall Best Performance) Victor Schippers Clifford Chance Prize for the Best Performance in the MJur Titz, Florian Tims, Ellen Oskar Sherry Clifford Chance Prize in Principles of Civil Procedure (shared in 2019) One Essex Court Scholarship Sarah O’Keeffe Gibbs Prize Winner (Shared) Murray, Samuel Grace Atwell Herbert Hart Prize in Jurisprudence and Political Theory Richardson, Alastair Pump Court Tax Scholarship Oliver Carr Dana Lee Gibbs Prize Proxime Gavin Goh John Morris Prize in The Conflict of Laws funded by Stratton, Harry Gabriel Moss QC Insolvency & Katharine Cook Quandrant Chambers Law Faculty Prize in Children, Families and the State Breslin, Blathnaid Restructuring Scholarship Iuliia Glukhikh Gibbs Prize Book 1 of 3 Xue Tai Gibbs Prize Book 2 of 3 Robert Harris Law Faculty Prize in Civilian Foundations of Contract Law Jiang, Zixin Peter Birks Memorial Scholarship Oskar Sherry Gibbs Prize Book 3 of 3 Chui Yan Yeung Law Faculty Prize in Commercial Negotiation and Mediation Neo, Seh Woon Wronker Prize for Administrative Law Lucy Talbot Law Faculty Prize in Commercial Remedies Murray, Samuel Allan Myers Scholarship Minh-Quan Nguyen Oskar Sherry, Law Faculty Prize in Comparative Corporate Law Chen, Chen Slaughter and May Prize in Contract Allan Myers Scholarship Anestis Petridis Grace Atwell Law Faculty Prize in Comparative Equality Law Benn, Alex Allen & Overy Prize in European Union Law Rosie Duthie Law Faculty Prize in Comparative and Global Environmental Law Chen, Chen James Bullock Scholarship Zubair Chaudry Falcon Chambers Prize for Land Law Katharine Cook Law Faculty Prize in Constitutional Principles of the EU Chen, Chen Winter Williams Scholarship Hannah Bogaert Wronker Prize for Jurisprudence Robert Harris Law Faculty Prize in Constitutional Theory Underwood, Joshua 5 Stone Building Prize for Trusts Dana Lee Law Faculty Prize in Criminal Justice, Security and Human Rights Schumacher, Gretta Fietta Scholarship Tsvetelina Van Benthem Wronker Prize for Tort Grace Attwell Law Faculty Prize in Comparative Contract Law in Europe Titz, Florian Law Faculty Prize for Civil Dispute Resolution Karen Zhang Law Faculty Prize in Human Rights at Work Meredith, Jacqueline 3 Verulam Buildings Prize in Commercial Law Dana Lee Law Faculty Prize in Intellectual Property Law Bajaj, Rahul Criminology Scholarships White & Case Prize in Comparative Private Law Lee, Sara Ryoung Law Faculty Prize in International Commercial Arbitration Sim, Jing En Norton Rose Fulbright in Constitutional Law Emma Franklin Kalliyat Thazhathuveetil, Law Faculty Prize in International Law and Armed Conflict Kalisher Trust Alice Flett Stephanie McAnally Gayathree Devi Law faculty Prize in Copyright, Patents Yamaoka-Enkerlin, and Allied Rights (shared) Law Faculty Prize in International Law of the Sea Walpole, Samuel Anna Law Faculty Prize in Law and Society in Medieval England Moretti, Luca Law Faculty Prize for Copyright, Trade Marks and Benjamin Atkins Allied Rights Law Faculty Prize in Medical Law and Ethics Barnes, Ashleigh Law Faculty Prize for Criminal Law Grace Attwell Law Faculty Prize in Philosophical Foundations of the Common Law Rajah, Ashpen MSc in Taxation Scholarships Red Lion Chambers Prize in Criminology & Yijie Zhang Law Faculty Prize in Private Law and Fundamental Rights Eustace, Alan Criminal Justice (shared) Lingduo Jiang Law Faculty Prize in Regulation Luk, Fan Francis Taylor Building Prize in Environmental Law Alex Rye Hebert, Charles Law Faculty Prize in Roman Law (Delict) (Shared in 2019) Gavin Goh Peeters, Olivier Penningtons Manches Family Law Prize (shared) Sophia Bangham Law Faculty Prize in Trusts and Global Wealth Taxation Stratton, Harry Slaughter and May Prize in History of English Law Katharine Piper Linklaters Prize for Principles of Financial Regulation Cermak, Riana Law Faculty Prize for Human Rights Law Oskar Sherry Hobson-Jones, Samantha Monckton Chambers Prize in Competition Law (shared in 2019) Quadrant Prize in International Trade Walter Myer Mellab, Sebastian Littleton Chambers Prize in Labour Law Youcef Boussabaine Peter Birks Prize Restitution of Unjust Enrichment Moretti, Luca Penny Chamberlain Law Faculty Prize in Media Law (shared) Planethood Foundation Prize in International Criminal Law Benn, Alex Alex Ivory Ralph Chiles Prize in Comparative Human Rights Chan, Zenith Tze Hin Law Faculty Prize for Medical Law and Ethics Amith Yedugondla Vinerian Scholarship (Proxime Accessit) for the Second Best Performance Underwood, Joshua Law Faculty Prize for Moral and Political Philosophy Auridas Litvinas in the BCL (shared) Rajah, Ashpen All Souls Prize for Public International Law Gavin Goh Chen, Chen Vinerian Scholarship for Best Performance in the BCL (shared in 2019) Law Faculty Prize for Roman Law (Delict) Nils Nystrom Moretti, Luca Bowen Huang Pinsent Masons Prize in Taxation Law Volterra Fietta Prize in International Dispute Settlement Eichberger, Fabian Walter Myer Winter Williams Prize in European Business Regulation (the law of the Mc Mahon, Christopher Law Faculty Prize for Competition Law Stephanie McAnally EU's internal market) White & Case Prize in Company Law Alastair Ahamed Poddar, Paridhi Law Faculty Prize for Personal Property Chui Yan Yeung Winter Williams Prize in International Economic Law (shared in 2019) Kalliyat Thazhathuveetil, Gayathree Devi

Benjamin Malek (Field Court Tax Chambers Scholarship) Emanuel Benning (Field Court Tax Chambers Scholarship) Peter Denk (Field Court Tax Chambers Scholarship)

50 Oxford Faculty of Law News Oxford Faculty of Law News 51 Books

Cahiers d'Extrême-Asie 26 (2017) Droit et Bouddhisme Scholars of Tort Law edited by Donal Nolan and James of a topic neglected in French Civil Liability in Comparative Principe et pratique dans le Tibet prémoderne / Law and Goudkamp has been published by Hart Publishing. theory and undermined Perspective edited by Jean- Buddhism Principle and Practice in Pre-modern Tibet in practice: justice Sébastien Borghetti and Simon by Fernanda Pirie has been published by École française Childbirth, Vulnerability and Law: Exploring Issues of in legal institutions. Whittaker has been published d'Extrême-Orient Violence and Control, 1st Edition edited by Camilla He argues that the by Hart Publishing. It contains Pickles and Jonathan Herring has been published by benefits and burdens a chapter on 'Crime, Breach of Maris Köpcke’s Routledge. of legal systems should Legislative Duties and Fault' by book Legal be shared equally and Matt Dyson. Validity: The The Law and Finance that divergences from Fabric of Justice of Related Party equality must issue from Accessorial Liability after has been Transactions edited a fair procedure. Jogee edited by Beatrice published by by Luca Enriques Krebs has been published Hart Publishing. and Tobias H. Tröger by Hart Publishing. The has been published Parental Rights, Best Interests and Significant Harms: book contains chapters Intersectional by Cambridge Medical Decision-Making on Behalf of Children Post- by Jonathan Herring, Discrimination University Press. Great Ormond Street Hospital v Gard edited by Imogen Matt Dyson and Rebecca by Shreya A globe-spanning Goold, Jonathan Herring and Cressida Auckland has Williams. The editor, Atrey has been group of leading law been published by Hart Publishing. Beatrice Krebs, completed published and finance scholars her DPhil at Oxford. by Oxford bring together The Democratic Courthouse: A Modern History of University Press. cutting-edge Design, Due Process research to comprehensively examine the challenges and Dignity by Linda legislators face in regulating related party transactions Mulcahy and Emma Contributory Negligence in the Twenty-First Century by Delivering Dispute Christopher Hodges’ book in a socially beneficial way. Combining theoretical Rowden has been James Goudkamp and Donal Nolan has been published Resolution: A Holistic Review of Models in England and analysis of the foundations of efficient regulation with published by Routledge. by Oxford University Press. Wales has been published by Hart Publishing. empirical and comparative studies, readers are invited This book examines This ambitious to draw their own conclusions on which regulatory how changing The ninth edition of book by responses work best under differing circumstances. understandings of the Tiley’s Revenue Law Professor relationship between by Glen Loutzenhiser Christopher A Short History of Legal Validity and Invalidity by Maris government and the has been published Hodges reviews Köpcke has been published by Intersentia. governed came to by Hart Publishing. the numerous be reflected in the dispute The Confusion Test in European Trade Mark Law by buildings designed The 4th edition of resolution Ilanah Fhima and Dev S. Gangjee has been published by to house the modern Remedies for Torts, pathways that OUP. legal system from the Breach of Contract, exist for the 1970s to the present day in England and Wales. The and Equitable Wrongs major types Jonathan Herring’s book book explores the extent to which egalitarian ideals and by Andrew Burrows of disputes in Law and The Relational the pursuit of new social and economic rights altered has been published England and Self been published by existing hierarchies and expectations about how people by OUP. Wales whether CUP. should interact with each other in the courthouse. they concern consumers or Equal Justice: Fair Legal Philosophical Foundations of Medical Law edited by SMEs, family Systems in an Unfair Andelka M. Phillips, Thana C. de Campos, and Jonathan matters, World by Frederick Herring has been published by OUP. employment issues or complaints against the State. He Wilmot-Smith has been provides a truly holistic overview of the current dispute published by Harvard Justinian’s Digest 9.2.51 in the Western Legal Canon by resolution system. He finds that the present system is University Press. In this Wolfgang Ernst has been published by Intersentia. not working and proposes a series of reforms. book Frederick Wilmot- Smith offers an account

52 Oxford Faculty of Law News Oxford Faculty of Law News 53 DPhil Student Profiles

tool for determining whether the objective scope of a – the UK – and this presented an Institute for Human Rights and Clara Martins Pereira particular algorithmic trading regime—such as the EU’s— Ewan Smith obvious challenge. It was not clear supported by the Programme for the actually covers all the sub-types of trading that are worth to me what, if anything, could Foundations of Law and Constitutional The last three decades have regulating in this context. It is also a useful starting point be learned by comparing such Government. 'Treaties, Brexit and the witnessed radical change for understanding how algorithmic trading might evolve different things. Britain has no Constitution', (which I run together in stock markets around in the coming years and whether the rules that apply to written constitution. China’s written with Professor Eirik Bjorge, and the world. The picture of algorithmic trading today are able to adapt to that evolution. constitution is a very small part of Arabella Lang from the House of loud brokers and screaming Pinpointing the exact nature of the change brought by its unwritten constitution. But the Commons’ Library) considers the role phone calls ingrained in algorithmic trading to the EU secondary equity markets is United Kingdom is a longstanding of treaties after Brexit. It examines the collective imagination equally important. At first sight, these markets appear to foil for studies of authoritarian legal the constitutional debacle that was no longer reflects the have transformed beyond recognition, but identifying the systems. The paradox presented the EU Withdrawal Agreement, and reality of most trading numerous ways in which they have actually stayed the same by Britain’s constitution – with its asks how future treaties, including arenas: nowadays, most allows for the use of familiar concepts and ideas to create a mixture of laws and informal political trade agreements, ought to be secondary trading in shares is conducted exclusively through framework capable of rigorously assessing the impact of the rules – is why it was so peculiarly scrutinised. This work requires regular automated computer algorithms in fully electronic trading change actually resulting from algorithmic trading. resilient to the sort of corrosion I interaction with Parliament, and floors. had seen in China. At least, this was government. The second part of my thesis builds on that framework to A little over ten years ago, I went In recent years, the growing transformative power held by a paradox back in 2014. Shortly evaluate the principles and provisions that comprise the EU to China to study the Communist this ‘algorithmic trading’ has triggered an intense debate after I arrived, a few days before the 'Partisanship and the Constitution' algorithmic trading regime—and ultimately puts forward Party and the constitution at Peking over its impact on the financial markets—and not just Scottish Independence referendum, (which I run together with Udit Bhatia some proposals for reform. University Law School, and in the amongst academics, regulators and industry representatives. another wave broke. Since then, and Leah Trueblood) considers how British Embassy. I did not know it Following the 2010 Flash Crash and the publication of Undertaking this project at Oxford—under the generous when I arrived, but 2008 was a high- used my knowledge of authoritarian political parties govern, and are Michael Lewis’s ‘Flash Boys,’ many of us fear that the stock supervision of Professor Jennifer Payne—has been equal water mark for legal and constitutional constitutional orders to analyse, and governed by, the constitutional order. markets have turned into a rigged game, and one which parts challenging and rewarding. Since coming to Oxford, I development in China. The Chinese to defend, a more liberal one. Parties can be private subjects, with human traders are destined to lose. have enjoyed numerous opportunities to learn from some constitution had recently been private rights. They can be public of the most brilliant and kind academics I have ever met; I amended to attest to the newfound Broadly speaking, my work considers utilities, bearing public duties. They Ultimately, even though definitive answers are still lacking as have been challenged on my views about algorithmic trading importance of human rights, private how rules govern powerful can have privileged access to the to whether the impact of algorithmic trading on the financial regulation and I have been frequently encouraged to explore property and the rule of law. A few institutions. It explains the nature of state. They can be insulated from markets has been overall positive or negative, regulators paths I had not considered before. Writing a thesis is always years earlier, the Supreme People’s legal and political order and shows state organs like the judiciary. Yet, around the world have already targeted this type of trading hard work, but, thanks to being here, it has never stopped Court first countenanced the judicial how constitutions can establish and they are only intermittently assigned with various legislative proposals. The European Union, in being interesting. enforcement of that constitution. nurture order. It explores arbitrary formal constitutional powers and particular, has recently introduced what, in its own words, is My research is currently funded by the FCT - Fundação Shortly after I arrived, the liberal power and says what can be done to duties, and they are often overlooked the ‘toughest’ algorithmic trading regime in the world. para a Ciência e Tecnologia. In the past, I benefited wave broke. In December of 2008, a contain it. I am particularly interested altogether. The project addresses My research explores the nature of the change brought by from the generous support offered by the Foundation summary notice in an official journal by areas of impunity, their boundaries issues such as these, bringing algorithmic trading to the EU secondary equity markets, drily observed that cases advocating and the reasons for them. My thesis together philosophers, political for International Law, the Oxford Law Faculty (Winter creates a framework for evaluating that change and, finally, constitutional supremacy had “already explored the relationship between the scientists and constitutional lawyers Williams Scholarship and Graduate Assistance Fund) and builds on that framework to determine whether the EU’s ceased to be used.” Advocates of written and unwritten constitutions and confronting trends such populism St. Anne’s College (Graduate Development Scholarship and ‘tough’ algorithmic trading regime is an adequate response constitutional supremacy, such as in Britain and China. It looks at how and plebiscitary politics. Sarah McCabe Bursary). During my DPhil, I was a visiting to this type of trading. Judge Huang Songyou, had already non-legal rules bend legal rules out scholar at the Universitat de Barcelona, at the Max Planck ceased to be at liberty. Since then, the of shape, and asks if this is a malign My doctoral research was generously The first part of my work is dedicated to defining the Institute in Hamburg, at the Sapienza Università di Roma waters have receded steadily, to the phenomenon, a benign one, or neither. supported by a scholarship from essential elements of algorithmic trading, as well to and, most recently, at Columbia Law School. I have also point where a million people are now It considers the way political parties the Faculty’s Programme for the pinpointing the exact nature of the change that this type of taught Company Law and Tort Law at Oxford—and, for in arbitrary detention in Xinjiang. inhabit constitutional institutions; how Foundations of Law and Constitutional trading brought to the EU secondary equity markets. The a little under two years, I was a proud Associate Editor of bureaucratic rules can supplant legal Government, by a Senior Hulme challenge in exploring these two issues lies in the fact that the Oxford Business Law Blog. Before starting my DPhil, I was affected by this, and In 2014, I rules, and why British constitutional Scholarship at Brasenose College they are often glossed over by the existing—essentially I completed an MPhil and an MJur at the University of came back to Oxford to write about conventions are more durable than and, latterly by a Junior Research financial—literature on algorithmic trading. But addressing Oxford, as well as a Master’s in Law and Business and a BA it. In the first instance, I wanted to Chinese ones, among other questions. Fellowship at Jesus College. I am them is important. at Católica Lisbon School of Law (where I also lectured in find out what good constitutions sincerely grateful to all of them. Company Law). Identifying the exact elements that define algorithmic can learn from bad ones. I started I have two further active research trading is an essential first step before evaluating its with the constitution I knew best projects, both based in the Bonavero impact on the EU secondary equity markets, and a helpful

54 Oxford Faculty of Law News Oxford Faculty of Law News 55 Mooting

Oxford Law Students win Nelson Mandela World Oxford Law Students Human Rights Moot Court Competition 2019 win the Sixth HSF - NLU Delhi International The Oxonian team comprising Gayathree Devi Kalliyat award, while Ayushi was the third best oralist. Thazhathuveetil (BCL, Somerville) and Ayushi Agarwal (BCL, The team's participation in the competition was made possible Negotiation Competition Exeter) have won the 11th edition of the Nelson Mandela by the generous support of the Law Faculty and the Bonavero World Human Rights Moot Court Competition 2019. The Sixth HSF - NLU Delhi International Negotiation Institute of Human Rights. The team would also like to Competition took place from 6 – 8 September 2019 at The team was coached by Ms Raghavi Viswanath (BCL, St especially thank the Bonavero Institute and Oxford Lawyers National Law University Delhi, India. Anne's). without Borders for having organised the Blackstone Human Thirty-eight teams from eleven countries spent the Kediyal (Exeter College) represented the Oxford Law Faculty Rights Moot Court Competition and selected the team to The Moot was organized by the Centre for Human Rights weekend negotiating simulated cross-border commercial at the competition. The team prevailed over Macquarie represent the University. at the University of Pretoria, in partnership with the Office deals. Ee Hsiun Chong (St John’s College) and Chaitanya University, Australia, to win the closely fought Grand Final. of the United Nations (UN) High Commissioner for Human Rights (OHCHR) and the Academy on Human Rights and Humanitarian Law of the Washington College of Law, American University, Washington DC. Oral pleadings were held in the Palais des Nations in Geneva from 15-19 July, 2019. University of Oxford Maitland Chambers Inter- Gayathree and Ayushi finished as the highest scoring team in the preliminary rounds, and went on to plead in the finals, Collegiate Mooting Competition 2019 against Macquarie University from Sydney. They won fully-funded fellowships to attend the Summer School of The Grand Final of the University of Oxford Maitland Pembroke College (Appellants) was represented by Mr the Lucerne Academy for Human Rights Implementation Chambers Inter-Collegiate mooting competition (Cuppers) Tilman Koops and Ms Alice Campbell Davis and Harris in Switzerland. In addition, Gayathree won the Best Oralist 2019, between Pembroke and Harris Manchester took place Manchester College (Respondents) was represented by Mr at Keble College on in February 2019. Jordan Briggs and Mr Timothy Foot. The Grand Final was judged by Edwin Johnson QC, Michael The winners of this challenging Grand Final were the Oxford Law Students win the European Human Gibbon QC and Benjamin John, all barristers at Maitland Applicants, Pembroke College. Chambers. Rights Moot Court Competition

The Oxonian team of three law students, Ms Emily Van Heerden and the European Law Students Association (ELSA), with the (MPhil in Law, Balliol), Mr Alan Eustace (BCL, St Cross) and Ms oral pleadings taking place in Strasbourg at the Council of Europe Francesca Parkes (BA in Law with French Law, Corpus) have and European Court of Human Rights from 14-18 April 2019. won the 7th edition of the European Human Rights Moot Court The team won the ‘Council of Europe Award’ which provides Competition (EHRMCC) in Strasbourg. each member with a one-month traineeship at the European The team was supported by Ms Emilie McDonnell (DPhil in Law, Court of Human Rights. Ms Parkes also won Best Orator of the University) who was the team coach. Semi-Finals. mooting. We met some inspirational people among the other teams and at the Court; I can't wait to go back for the The Competition is jointly organised by the Council of Europe internship this summer.’

Moot Competition 2019, which is now in its fifth year, was University of Oxford 7 King’s held at 7 King’s Bench Walk in London. Bench Walk Commercial Law The grand final was judged by the Rt Hon Sir Stephen Tomlinson and the Hon Sir Jeremy Cooke, and saw excellent Moot Competition 2019 advocacy by both sides. The results of the finals saw the respondents (Charles Redmond and Lee Kay Howe) winning Organised by the St. Hilda’s the argument, and the appellants (Jackson Wherrett and College Law Society, the Rebecca McEwen) winning the overall moot. semi and grand finals of the University of Oxford 7 King’s The Moot was generously sponsored by 7 King’s Bench Walk. Bench Walk Commercial Law

56 Oxford Faculty of Law News Oxford Faculty of Law News 57 Mooting SOCIAL MEDIA The UK National Rounds of the Philip C. Jessup International University of Oxford Ranks Moot Court Competition were held between 15-17 Third in the UK National February 2019 at Gray’s Inn, London. Rounds of the Philip C. University of Oxford’s Jessup team for this year comprised facebook Twitter Linkedin Flickr Youtube five undergraduate law students: Celine Leong (St Annes), Jessup International Law Marina Hou (St Peters), Charles Redmond (Magdalene), Ee Facebook Twitter LinkedIn Flickr YouTube Hsiun Chong (St Johns), and Liam McKenna (Merton). The Moot Court Competition team was coached by Benjamin Nussberger (PhD, University of Cologne, visiting student, Brasenose), Katie Johnston Faculty of Law Access and Outreach (DPhil, St Edmund Hall) and Tsvetelina van Bentham (DPhil, Merton). Facebook @OxfordLawFaculty Twitter @OxLawOutreach The team was able to continue Oxford’s long tradition of Twitter @OxfordLawFac Facebook @OxLawOutreach successful participation in the competition, advancing to the semi-finals where they encountered the team of King’s Linkedin bit.ly/oxunilawyers College London, who later in the day won the competition. Flickr Oxford Media Law Members of the Oxford team won individual prizes. Charles flickr.com/photos/oxfordlawfaculty/ Redmond was awarded the prize for the Best Oralist in the Youtube youtube.com/OxfordLawFaculty Facebook @OxfordPCMLP Preliminary Rounds, with Liam McKenna and Celine Leong Twitter both sharing the second place, and Ee Hsiun Chong following @OxfordMediaLaw only marginally behind. Bonavero Institute of Human Rights Oxford Women in Law Facebook @BonaveroIHR Twitter @BonaveroIHR Linkedin linkedin.com/groups/8237297

Centre for Socio-Legal Studies IP Moot Faculty of Law Launches First Oxford v Cambridge Twitter @OxfordCSLS Twitter @OxIPMoot Mooting Competition on Disability Centre for Criminology MSc in Law and Finance The Grand Final of the inaugural Herbert Smith Freehills the flagship events of the Oxford University Disability Law and Students and Alumni Facebook @ox.crim Disability Mooting Championship: Oxford v Cambridge was held Policy Project. Its Director, Dr Marie Tidball, said: Facebook at Worcester College to mark the beginning of Disability History Twitter @OxfordCrim @MLFalumni ‘We are delighted the mooters gained so much from the Month 2019. event and are eager to take their learning about disability Linkedin bit.ly/MLFlinkedIN The scintillating head to head between the two historic law into their future careers. This is exactly what we wanted Oxford Human Rights Hub Universities was won by students from the University of Oxford, to achieve and were thrilled to work with the University of Oxford Business Law Blog Liam McKenna and Stephanie Bruce-Smith of Merton College. Cambridge and Herbert Smith Freehills on this varsity edition Facebook @OxHRH Alice Defriend and Cara Donegan of Murray Edwards College, of our successful Disability Mooting Championship.’ Facebook Twitter @OxHRH @oxford.blb Cambridge, were the very capable runners-up. The Grand A panel discussion followed the Grand Final on the theme of Twitter Finalists had to get through two days of mooting to reach the Linkedin linkedin.com/company/oxhrh @oxfordBLB Disability at the Intersections: A “hostile environment” for BAME final stage of the competition. Eighteen teams of two students, Linkedin people with disabilities, which focussed on the impact of the UK linkedin.com/company/oxford-business-law-blog nine teams from Oxford and nine from Cambridge, took part. government’s immigration policy on BAME disabled people after Preliminary rounds took place at Jesus and Exeter College, MSc in Taxation the Windrush Scandal. The Centre for Health, Law and Emerging Oxford. The moot problem centred on disability discrimination, Twitter @Oxford_MScTax in an employment context for an employee with mental health The success of the event gained coverage in The Times, the Technologies (HeLEX) problems. Global Legal Post and the Oxford Mail. Border Criminologies Facebook @HeLEXOxford The quality of mooting was so high that the judges decided Twitter @HeLEXOxford to award two honourable mention prizes, for being the best Facebook @BorderCriminologies mooters not going forward to the finals and semi-finals, to Oxford’s Charlie Liu and Alyssa Glass. Twitter @Bordercrim Unlocking the Potential of Artificial This exciting mock court case competition aimed to promote Intelligence for English Law the study of disability and the law. This year’s competition saw Panel Discussants (Left to Right): Junie James, Councillor Saghir Public International Law Alam OBE, Nomfundo Ramalekana (Chair), Dr Shreya Atrey, Dr Twitter a record 74 students apply to take part and the Grand Final was Jacqui Dyer MBE, and Deborah Williams (Executive Director of the @ai4Law Facebook @oxfordPIL watched by an audience of over 100 people. The moot is one of Creative Diversity Network). ©Emilia Cieslak Twitter @oxfordPIL

58 Oxford Faculty of Law News University of Oxford, Faculty of Law Benefactors 2019-20

Chancellor’s Court of Benefactors Foundation Benefactors The AB Charitable Trust 3 Verulam Buildings Allen & Overy LLP 4 New Square Barclays Bank PLC Aall Foundation The Bertha Foundation Des Voeux Chambers Clifford Chance LLP Fountain Court Chambers The Sir Joseph Hotung Charitable Settlement Gide Loyrette Nouel LLP Intesa Sanpaolo HSA Advocates The A G Leventis Foundation and H K Leventis Family Kenny Lam The Andrew W Mellon Foundation Eric L. Lewis Ghazi Nahl and Hind Ali Tabaja Maitland Chambers Norton Rose Fulbright LLP Mayer Brown LLP The Oak Foundation The Morris Trust Travers Smith LLP Pump Court Tax Chambers Skadden Arps Ragnar Söderbergs Stiftelse Torsten Söderbergs Stiftelse Vice Chancellor’s Circle South Square Baker McKenzie LLP Temple Chambers The Brunsfield Foundation in Malaysia The UK Foundation for International Law CMS, Cameron McKenna Nabarro Olswang LLP Weil, Gotshal & Manges LLP Commonwealth Scholarships for Asia and Africa Sarosh Zaiwalla Paul Dodyk The European Justice Forum Freshfields Bruckhaus Deringer LLP GOLDs (Global Oxford Law Donor Scheme) Lady Edwina Grosvenor 7 King’s Bench Walk Herbert Smith Freehills LLP 8 New Square Hogan Lovells LLP Guido Alpa King & Wood Mallesons Astana International Financial Centre Authority Sir David Lewis DL, Alderman Dr Philip W. Baker OBE QC Linklaters LLP Emissary Holdings Allan Myers AC QC Fietta LLP Pinsent Masons LLP Goldsmith Chambers Planethood Foundation Professor Sir Roy Goode, CBE, QC The David and Elaine Potter Foundation The Kalisher Trust Shearman & Sterling LLP Kirkland & Ellis Slaughter and May Harris Kyriakides LLC Daniel Slifkin Genevieve Muinzer and Nick Segal Swiss Reinsurance Company Ltd One Essex Court White & Case LLP Oxford University Press The David and Jayne Paterson Educational Trust Aron Ping D'Souza Senior Foundation Benefactors Powell Gilbert Shardul Amarchand Mangaldas & Co Sir Frank Berman KCMG QC Professor Surya Prasad Subedi QC, OBE, DCL Yves and Anne Bonavero Francis Taylor Building The Open Society Foundations Volterra Fietta The Open Society Institute Youth Initiative Alan G Weiler The Sigrid Rausing Trust

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