SOAS School of Law

Research Newsletter Issue 10, Dec 2015–April 2016

Contents Staff Research News

Staff Research News: 1-2 These past months, as always, have been a busy and successful time for PhD Student News: 3 many of our staff members, with research grants, recognition of excel- lence in teaching and appointments to policy-making posts. Thai Rule of Law Project: 4 Dr Scott Newton was a co-applicant on a successful British Academy- Sabbatical: the Land of Milk and Honey: 5 Dfid grant on ‘Informal Governance and Corruption – Transcending the Principal Agent and Collective Action Paradigms’. This grant, to the val- Half a Year Here; Half a Year There: 6 ue of £399,844.50, will be used to investigate the role that informality Visit to Melbourne : 7 plays in fuelling corruption and stifling anti-corruption policies, adopting a bottom-up perspective. The project will test for the impact Indonesian Senators Visit SOAS: 7 of informality on corruption and anti-corruption in East Africa (Kenya, Policy and PhD Research on Unregistered Rwanda, Tanzania, Uganda) adopting a comparative research design within the region and in relation to other contexts. Scott’s book The Marriages: 8 Constitutional Systems of the Central Asian States: a Contextual Analy- Research Centre Activities: 9 sis is also in press with Hart Publishing. New Publications: 10-11 Also successful in a grant application, Professor Carol Tan has been awarded funding of £36,400 from the British Council Newton Fund’s Recent Conference Presentations: 11-14 Researcher Links Workshop Grant scheme to hold a workshop in part- nership with Professor Sulistyowati Irianto of Universitas Indonesia. The

grant will fund researchers from UK and Indonesian research institu- tions to participate in ‘M2B: Indonesian Migrant Workers from Security to Development’ in Jakarta in September 2016.

Continued on page 2

Shubhaa Srinivasan and Daniel Leader, both from Leigh Day, presenting at a workshop on ‘Multinational Enterprises and Environmental Justice: Laws and Implications of Shell and BP Colombia Cases,’ Law, Environment and Development Centre, SOAS, 24 February 2016 (see page 9). Photo credit: Hu Yuanqiong

1 Staff Research News (continued)

Professor Fareda Banda was shortlisted for outstanding tutor of the year award (OUSU) at Oxford University 2016 (for her work on the Department for Continuing Education/Faculty of law masters’ course on women’s rights). Fareda has also, with John Eekelaar of Oxford University, recently completed a report on “Family Law and Human Rights” for UN Women.

Professor Fareda Banda was delighted to meet three of her former SOAS students at the UN Women

Conference in Cairo, 22-24 March 2016. Left to right: Molk Said (LLB-family law), Sara Abdel-Ghany (LLM-

Human Rights of Women), Fareda Banda and Reem Wael Mahmoud (PhD).

Dr Catherine Jenkins has been appointed as Visiting Professor to the UFR de Droit et Science Politique at Université de Par- is X for the 2016 calendar year.

Dr David McIlroy’s recent visit to Finland was covered in a Finnish newspaper “Uusi Tie” (24 March, 20160 and in the Finnish magazine ‘Sana’ (31 March 2016). David is pursuing his research interests in the financial services industry and on the interaction between regulation and this culture, as well as in human rights and rule of law. David is currently co -authoring a briefing paper with another barrister, Alasdair Henderson, on the UK government’s proposals to replace the Human Rights Act with a British Bill of Rights.

Professor Philippe Cullet continues to contribute to water law policy development in India though membership of the Gov- ernment of India’s Committee to Draft National Water Framework Law (December 2015- ), and the Government of India’s Committee to Draft a River Basin Management Bill (December 2015- ). Philippe is conducting research on the right to sanita- tion in India, with particular emphasis on its realisation in rural areas through policy instruments (Swachh bharat mission) and particular focus on the conceptual understanding of sanitation as a right at the national and international level, its develop- ment in parallel to the rights to water, health and environment and the crucial labour dimension (including manual scaveng- ing).

2 PhD Student News

The School of Law congratulates the following PhD graduates and their supervisors:

Demetra Loizou passed her viva with minor corrections on 12 January 2016. Her thesis title is ‘The Impact of the International Criminal Court’s Establishment on the Further and future Devel- opment of the Crimes Within its Jurisdiction’ and she was supervised by Lutz Oette and Chandra Sriram.

Ebbe Rogge, working on the topic of ‘Better Banking for Britain’, passed his viva with minor cor- rections in May 2016. He was supervised by Peter Muchlinski and Nick Foster. The examiners were Professor Joanna Benjamin of the LSE and Professor George Walker of Queen Mary.

Jonathan Bashi Ruhahindwa was awarded his PhD subject to minor corrections. The title of Jon- athan’s thesis is ‘Regional Developmentalism and the Use of Law to Support the Establishment of an African Economic Community.’ He was supervised by Professor Diamond Ashiagbor and Dr Scott Newton. The examiners were Professor Kofi Oteng Kufuor of the University of East , and Dr Philippe De Lombaerde from the United Nations University Institute on Comparative Re- gional Integration Studies.

Hani Zedan, supervised by Ian Edge, was awarded his doctorate without corrections just before Christmas. His topic was ‘A Critical Analysis of Legal and Regulatory Policy-making in the Kingdom of Saudi Arabia: Driving Factors, Determinants and Consequences’.

Nura Zolkapli also passed her viva with minor corrections. The two external examiners, Prof Mehmet Asutay and Prof Rodney Wilson (Durham University) were extremely positive about her thesis and the viva went well, strengthening their positive views. Nura was supervised by Jona- than Ercanbrack and Laurence Harris.

****

In other news, Vishal Vora also submitted his thesis titled ‘The Islamic Marriage Conundrum: Reg- ister or Recognize? The Legal Consequences of the Nikah in and Wales’ in February 2016, and is awaiting his viva date (see also his reflections on the policy implications of his research on page 8).

Oreva Olakpe has written from the field to report that she has now concluded five months of research in China in March and just begun research in Nigeria in April. Her research focuses on South-south migrations and is using case studies in China and Nigeria as the lens through which she is looking at international migration and refugee law, as opposed to using the West. In China, Oreva carried out research on refugees and undocumented asylum migrants from Afri- ca. Currently she is shuttling between two Refugee camps in Akpabuyo and Ikang, in Nige- ria, where migrants from the Bakassi Peninsula are seeking refuge and resettlement from perse- cution by the Camerounian government. Oreva is finding that there is so much to learn from both case studies because they are not elevated in discussions on international refugee law.

3 Rule of Law in Thailand Project at SOAS

The Centre of East Asian Law (CEAL) launched its Rule of Law in Thailand Project on 26 February 2016 with a panel discus- sion chaired by Dr Carlo Bonura (SOAS, Pol- itics). The three distinguished speakers were Professor Sir Jeffrey Jowell KCMG QC (Bingham Centre for the Rule of Law), Pro- fessor Peter Leyland (SOAS) and Professor Tim Forsyth (LSE). In her project leader’s welcome, Carol Tan spoke of how the pro- ject marks a milestone in the study of Thai law at SOAS and indeed, outside Thailand.

This official launch was preceded by a soft launch event on the current state of the rule of law in Thailand introduced by Dr Sanzhu Zhu, CEAL Chair and followed by contributions from Professor Peter Ley- Rule of Law in Thailand Project Launch, 26 February 2016. From left to land, Mr Verapat Pariyawong, Dr Carlo Bo- right: Sir Jeffrey Jowell, Professor Peter Leyland, Professor Tim Forsyth, nura and Dr Mimi Ajibadé. Dr Carlo Bonura and Professor Carol Tan.

The project’s regular series of seminars began with a seminar in April on “Human Rights in Thailand - A Failed Transplant?” by Professor Andrew Harding (National University of Singapore (NUS) and a former member of SOAS School of Law) on 19 April 2016.

Forthcoming events of the project include a panel discussion on ‘Thailand After the Ref- erendum’ (ASEASUK conference, hosted by the Centre of Southeast Asian Studies, SOAS) in September. The panel will be asked to examine the referendum on the Thai draft Constitution (occurring in Au- gust) and the prospects for a return to civil- ian rule. Panel speakers are likely to debate the key turning points of the past and the future of democracy in Thailand after the constitutional referendum (due to take place this August). Further information, updates on the project and links to video recordings of some of the project’s events may be found here https:// www.soas.ac.uk/ceal/rolt/ or here https:// Rule of Law in Thailand Project Launch, 26 February 2016 www.facebook.com/soasrolt/.

4 Sabbatical: the Land of Milk and search as part of a programme held at the Institute for Contemporary Arts, and giving talks (for Tel Aviv Uni- Honey versity, the British Institute for International and Com- Yoriko Otomo parative Law, and the University of New South Wales). I have also been co-organising an international work- During terms 1 and 2 this year, I have been on sab- shop, ‘Making Milk’ with Mathilde Cohen from the batical: first as a Visiting Fellow at Oxford University’s University of Connecticut, which is supported by the Centre for Global History, and then as a Visiting Fellow DRC and will be hosted at the School for Advanced at the University of New South Wales’ Law School. Studies in the Social Sciences in Paris this May. Before going on to research leave full-time, I con- vened an international workshop at SOAS, ‘Theorising In terms of funding applications, I have sub- and Historicising International ’, mitted one application for research funding on my which was supported by a grant from the DRC and own (to a grant-making body based in France) and am attended both by faculty members and overseas visi- currently preparing a major application to be sub- tors. This project will continue to evolve over time as mitted to the AHRC this summer. My writing commit- we establish a global research network that has the ments are optimistic and ongoing, with three new capacity to undertake coordinated investigation into book chapters for edited collections. The first is about this topic. milk as a diplomatic tool during the Cold War, as can be seen from the advert below, the second is on theo- The term began with writing, and I completed rising milk in the context of new materialism, and the three book chapters: ‘Law’ in Ron Broglio, Lynn Turner third is about the regulation of milk in settler Austral- and Undine Sellbach (eds.) The Edinburgh Companion ia. I am hoping to complete these over the summer to Critical Animal Studies (EUP), and two co-authored term, and then to finalise one co-edited book and one (‘British Influences on International Environmental co-written article (both with colleagues at the Univer- Law: The Case of Wildlife Conservation’ in Jean-Pierre sity of Kent) for publication before the end of 2016, Gauci, Robert McCorquodale, Jill Barrett, Andraž Zidar before preparing the edited collection, ‘Making Milk’ and Anna Riddell (eds.) British Influences on Interna- for publication in 2017. tional Law (BIICL) with Mario Prost, and ‘Thinking About Law and the Question of the Animal’ in Andreas After what feels like a long hiatus from focused Philippopoulos-Mihalopoulos and Victoria Brooks research (since having a baby and taking up a position (eds.) Handbook of Research Methods in Environmen- at SOAS four years ago), it was grounding to have a tal Law (Elgar) with Edward Mussawir). My mono- sustained period for reflection and writing. The con- graph, Unconditional Life: The Post War International solidation of existing research and the beginning of a Law Settlement (OUP) was finally published, and is new trajectory of research has been a very satisfying now available at all good book shops. experience, and I would like to extend my thanks to my colleagues at SOAS who have enabled me to take Once these texts were submitted I was able to the time to do this. turn to my new project, which looks at the cultural life of milk through British imperial policy. It was extraor- dinarily good fortune to be based at the Oxford Cen- tre for Global History and to have the support of their scholars and the Bodleian librarians at the early stage of my research for this book. At the end of the term I spent a few days in Japan researching post war milk policies, then travelled to Australia (to Melbourne and Sydney) to undertake archival research on milk and meet with colleagues old and new. My time at the UNSW law faculty was particularly enriching. I am grateful to the many members of faculty who took time to meet and talk through various aspects of my project, and am delighted to have made so many friends and contacts there with whom I will be able to collaborate in future. Being on sabbatical enabled me to take up some addi- tional knowledge-transfer activities, such as speaking at the launch of the Women’s Equality Party in Ox- ford, making a radio play based on my academic re-

5 “Half a Year Here; Half a Year There” Research during Term 1 was slower and filled with frus- trations over the dearth of specific sources in Chinese Ernest Caldwell and Japanese languages within UK library holdings. However, I was able to secure enough information to formulate an initial outline of my book project and Having successfully cleared the early career research write up an article for a forthcoming special journal probation hurdles in early 2015, I was given that rarest, issue. almost unicorn-like reward: two consecutive terms of research leave. Unfortunately, as a non-EU migrant In January it was time to leave the miserable damp cold from a former colony which resolutely decided against of London and head off to the -sub tropical climate of the whole ‘common wealth’ idea, the visa restrictions Taiwan. So Leigh (also on sabbatical from LSE) and I on the number of consecutive days I was allowed out- packed up the house, loaded up Casimir, and arrived in side the country prohibited me from packing my bags Taipei to the coldest and dampest winter recorded in for twelve months away from the daily excitement that the past sixty years. Needless to say, this weather was comes from working at SOAS and the dreariness that is not conducive to relaxing beachside, but was effective London weather. In the end, I spent much of Term 1 in at keeping me buried within the climate controlled ar- the UK (with a few conferences here and there) and chives of the Taiwan National Central Library where I most of Term 2 in Taipei, Taiwan. During both terms, was a visiting scholar to the Centre for Chinese Studies. my research laid the groundwork for my current book These archives contained handwritten records of the project, Losing Control in China and Taiwan? Democra- Control Yuan from the early 1930s, as well as records tisation, Constitutional Reform, and the Decline of Con- from its lesser known and painfully understudied pre- trol Yuan, as well as three ‘spin-off’ articles and two cursor institutions. For example, records of the Su- book chapters for edited vol- zheng ting 肅政廳, an independent umes which are also in various government bureau solely responsible stages of completion or ac- for impeaching government officials in ceptance. the early 1910s, call into question the originality of Sun Yat-sen’s Control Yu- This recent work stems from an, but also provide some of the earli- my personal dissatisfaction est empirical evidence of laws, proce- with some scholarship on Asian dures, and practices designed to ensure constitutionalism that tends to government accountability within a Chi- take a rather myopic view nese democracy. As interesting as the when prescribing the institu- archives were, the Control Yuan still tional reconfigurations neces- exists as modern constitutional branch sary to produce a western-style of government and I needed to re- liberal democracy and which search its ‘modern fate’ whilst still fail to consider the macro physically in Taiwan. So I brushed the effects of constitutional re- dust and cobwebs out of my hair and forms on the entire constitu- set off to interview current and former tional system. Because of this, I members of the Control Yuan. These chose to research the Control interviews were extraordinarily helpful Yuan, one of five distinct and provided great insight into the post branches of government in the -democratisation predicament of the Control Yuan. As Republic of China (Taiwan), which is responsible for constitutional reforms since the early 1990s have in- impeaching and censuring government officials. Often, creasingly stripped the Control Yuan of much of its orig- the unique features of the Five-Power constitutional inal powers, there are increased calls for its abolish- model of the ROC are downplayed or dismissed as irrel- ment and the establishment of a ‘standard’ tripartite evant to Taiwan’s transition from an authoritarian one- constitutional government. At present, the future of party state to a multiparty democracy. So my current the Control Yuan appears uncertain. project simply seeks to question these assumptions by examining how this ‘lesser’ branch of government, the In short, the past year was wonderful in terms of my Control Yuan, has historically acted as an agent of con- own research, but this would not be the case had it not stitutional change, as well as the how subsequent con- been for the the numerous librarians, archivists, schol- stitutional reforms have fundamentally transformed ars and government officials who warmly entertained both the Control Yuan’s form and function and the all my questions and comments, despite my horribly effects this has on a complex constitutional checks-and- rusty Mandarin language skills. balances system built around five distinct branches.

6 Visit to Melbourne Law School As part of her SOAS sabbatical leave (January-March 2016), Professor Diamond Ashiagbor was hosted as a Visitor at the Institute for International Law and the Humanities (IILaH) at Melbourne Law School. She gave a ‘brown-bag’ seminar on her research on 22 March 2016, jointly convened by IILaH and the Melbourne Law School’s Centre for Employment and Labour Relations Law (CELRL), on ‘Social Rights and Markets: Sover- eignty, Market Building and Labour Law in the African Union’. The paper forms part of Diamond’s wider monograph project, on Social Rights and the Market: Embedding Trade Liberalisa- tion in Regional Labour Law, for which she has been awarded a book contract with OUP, in its Oxford Monographs on Labour Law series.

Indonesian Regional Assembly Senators Visit SOAS

On 28 April 2016, the School of Law hosted a visit by eight delegates and additional support staff from the Indonesian Dewan Perwakilan Daerah (DPD) or Regional Representatives Assembly. The delegates, who are all elected to the Assembly on individual tickets from the provincial level, came from as far afield as Papua, Riau and Gorontalo. The delegates were gathering comparative experiences of upper house parliamentary chambers around the world in order to seek inspiration for legislative reform in In- donesia, and in particular wanted to extend their knowledge of role of the House of Lords. Professor Peter Leyland presented an out- line of legislative processes in the UK and answered questions from the delegates. Dr Petra Mahy assisted with English- Indonesian translation. The Indonesian delegates were presented with copies of Professor Peter Leyland’s book The Constitution of the United King- dom: A Contextual Analysis (2012), along with another book in the same series by Simon Butt and Tim Lindsey, The Constitu- tion of Indonesia: A Contextual Analysis.

7 Reflections on Informing Policy Through PhD Research on Unregistered Marriages

Vishal Vora

In December 2015, the Law Commission published involved a small sample of highly detailed interviews their scoping paper, reviewing the law of marriage. with married but not always registered Muslim wives. They were asked by the Government to examine the I was able to share my findings on the extent that the topic following its consultation on whether non- issue of unregistered marriages affects this group. religious belief organisations should be allowed to Even though the scoping paper was broad in its remit, conduct legally binding marriages. Although this was should the Government allow for a full review of the essentially driven by the desire of the Humanists to law to take place, changes will no doubt have an conduct their own marriages, without the need to effect on British minority groups such as the Hindus ‘marry twice’, the scoping phase was highly relevant and Muslims. to my PhD project examining the role of Islamic nikah During my PhD research, I was also an active member marriage in English law. My project sought to answer of the Ministry of Justice’s Muslim Marriages Working whether the English law should recognise such Islamic Group and this afforded me an insight into the inner marriages. The concept of non-marriage, judicial in workings of policy making. The group comprised vari- nature seems to have been etched in case law to work ous professionals, predominately solicitors and barris- against non-mainstream ceremonies of marriage. Ex- ters, but also those working in relevant NGOs, local amining the recent case law, it is clear that Muslim government, the Law Commission, and of course the marriages are less likely to be recognised in law than Ministry of Justice. My experience of both has been for example, Christian ceremonies. The current law of valuable although sometimes my views expressed at marriage, the Marriage Act 1949, is predominately the working group were deemed ‘academic’ and out based on the Marriage Act 1836 and is most definitely of touch, even though I had completed research span- in need of updating to reflect the significant changes ning over 18 months with those who faced the ad- that have taken place in our society, and how couples verse repercussions of discovering their marriages live. were not in fact valid. Nonetheless, I would certainly I got involved with the scoping phase consultation encourage more research students to organise confer- following a conference. In May 2015, Dr Jean-Philippe ences and seek to discuss their work with the relevant and I hosted a conference at the Institute for Ad- Government department, so far as possible. vanced Legal Studies (IALS) entitled ‘The Islamic Mar- riage Conundrum, Conflict of Recognition’. The event gave us the opportunity to showcase current research in the area of Muslim marriage practices in England and Wales, and interact with members of the legal profession specialising in family law. For further read- ing please see the conference proceedings, published in Family Law 2016 (1). It was at this event that I had the opportunity to discuss my research with the Law Commission representatives in attendance and with Prof Rebecca Probert, of Warwick University, and Spe- cialist Advisor on the scoping project. I met with the Law Commission in July 2015. They were interested in my personal experience of Hindu marriage practices in England and Wales (I am from the British Hindu community), the process that Hindu couples follow when getting married, and how the civil registration process plays a part in the marriage celebrations. Furthermore they were interested in the fieldwork I had undertaken for my PhD research, ex- amining unregistered Muslim marriages. My research

8 Research Centre Activities Justice (2015– 2016):

‘The Paris Agreement on Climate Change: Positive Signals to Future and Current Generations of Centre for Human Rights Law (CHRL) Least Developed Countries and Small Island Seminars held: States?’ (co-organised with CISD), Chair: Dr Sudan/South Sudan Seminar Series: ‘The use of Feja Lesniewska. Speakers: James Cameron, Law as an Instrument of Power in Sudan and MJ Mace, Linda Siegele. Discussant, David Fisk, South Sudan.’ Speaker: Ali Agab, Sudanese 14 January 2016, human rights law; Discussant: Professor Mas- ‘Energy Transitions and Energy Landscapes: What hood Baderin, SOAS, 15 February 2016 ‘Egypt’s Human Rights Crisis and Western Foreign Role International Law?. Speaker: Dr Thoko Policy: What Price Stability?’ Speakers: Nancy Kaime, 3 February 2016. Okaili, Executive Director, Tahrir Institute for Multinational Enterprises and Environmental Jus- Middle East Democracy; Martin Chulov, Mid- tice: Laws and Implications of Shell Nigeria dle East Correspondent, Guardian; Rasha and BP Colombia Cases. Speakers: Daniel Qandeel, World Service presenter, News Night and Hard Talk Senior Broadcasting journalist, Leader and Shubhaa Srinivasan, organised by BBC, 11 April 2016. Yuanqiong Hu, 24 February 2016 (See photo ‘New Government, Persistent Challenges: Human on page 1). Rights, Accountability and Justice in ’, ‘Looking for Accountability: The Impacts of Multi- SOAS, 25 April 2016. Speakers: national Mining Companies in a Globalized M.C.M. Iqbal, former Secretary to Four Presi- world’. Speakers: Andrew Hickman & Richard dential Commissions of Inquiry, later Con- Solly, 9 March 2016. sultant, National Human Rights Commis- sion of Sri Lanka and Asia-Pacific Division Centre of East Asian Law (CEAL) of UN HRC, Geneva: ‘Enforced disappear-

ances of persons in Sri Lanka: Legacy and Public lectures/seminars put on by the Centre: ongoing challenges’; Ingrid Massage, formerly Sri Lanka researcher CEAL Lunchtime Seminar: ‘Law, Trust and Institu- at Amnesty International and member of tional Change in China.’ Speakers: Ding Chen, staff at OHCHR-Nepal: ‘Inquiries into seri- Simon Deakin, Mathias Siems and Boya Wang, 11 March 2016 ous human rights violations in Sri Lanka – a never ending history with predictable CEAL Lunchtime Seminar with the Confucius Insti- outcomes?’; tute: ‘Three Patent Law Revisions and One Fred Carver, Campaign Director, Sri Lanka More: Relevance and Dilemmas concerning Campaign for Peace & Justice: ‘Recent Access to Medicines and Innovation in China.’ developments in the struggle for human Speaker: Hu Yuanqiong, 18 April 2016 rights and accountability in Sri Lanka’; Discussant: Chandra Lekha Sriram, Professor CEAL Co-hosted Evening Lecture on Sumimoto of International Law and International Re- Corporation: ‘The Ever Evolving Business Mod- lations, Director Centre on Human Rights el of the Sogo Shosa.’ Speaker: Graham Hol- in Conflict, University of East London. man, 25 April 2016 CEAL also hosted a visit by a Thai Social Science Re- searcher Group visit on 3 February 2016. Dr Sanzhu Law, Environment and Development Centre Zhu gave welcome words to the group. (LEDC) See also page 4 for an account of the Thai Rule of Law LEDC's Ninth Annual Public Evening Seminar Series - Project which is hosted by CEAL. Sustainable Development Goals and Environmental

9 New Publications by SOAS Staff and PhD Students

Banda, Fareda and Lisa Fishbayn Joffe (eds.) (2016) Women’s Rights and Religious Law: Domestic and Internation- al Perspectives. Abingdon, New York: Routledge.

Banda, Fareda and Lisa Fishbayn Joffe (2016) ‘Introduction’ in Women’s Rights and Religious Law: Domestic and International Perspectives, edited by Fareda Banda and Lisa Fishbayn Joffe, 1-10. Abingdon, New York: Routledge.

Banda, Fareda (2016) ‘Gender, Religion and Human Rights in Africa’ in Women’s Rights and Religious Law: Domes- tic and International Perspectives, edited by Fareda Banda and Lisa Fishbayn Joffe, 45-67. Abingdon, New York: Routledge.

Bhandar, Brenna and Toscano, Alberto (2016) ‘Representing Palestinian Dispossession: Land, Property and Pho- tography in the Settler Colony,’ Settler Colonial Studies (published online 9 March 2016).

Cullet, Philippe (2016) ‘Human Rights and Climate Change Litigation,’ in The Oxford Handbook of International Climate Change Law, edited by Cinnamon Carlarne, Kevin Gray & Richard Tarasofsky. Oxford: Oxford Uni- versity Press.

Foster, Nicholas (2016) ‘The Financial as Law and as Ethics: A Suggestion,’ SOAS Law of Islamic Finance Working Paper No 10.

McIlroy, David (2016) ‘What Effect does Regulation have on the Culture of Banks?’ in Law and Economics: An An- thology, edited by Kim Østergaard, Jacob Lyngsie and Bent Ole Gram Mortensen, 65-87. Copenhagen, Ju- rist- og Økonomforbundets Forlag.

McIlroy, David (2016) ‘How is the Rule of Law a Limit on Power?’ Studies in Christian Ethics 29(1): 34-50.

Makeen, Makeen (2016) ‘Rationalising Performance “in Public” under UK Copyright Law,’ Intellectual Property Quarterly 2016:117-134.

Ohdedar, Birsha (2016) ‘Loss and Damage from the Impacts of Climate Change: A Framework for Implementation,’ Nordic Journal of International Law85(1): 1-36.

Otomo, Yoriko and Mario Prost (2016) ‘British Influences on International Environ- mental Law: The Case of Wildlife Conservation,’ in British Influences on International Law 1915-2015, edited by Robert McCorquodale and Jean- Pierre Gauci. Leiden, Boston: Brill Nijhoff.

Otomo, Yoriko (2016) Unconditional Life: The Post War International Law Settle- ment. Oxford: Oxford University Press.

Sultany, Nimer (2016) ‘Repetition,’ in Gaza as Metaphor, edited by Helga Tawil- Souri and Dina Matar, 203-217, 252-256. London: Hurst.

Suresh, Mayur (2016) ‘The File as Hypertext: Documents, Files and the Many Worlds of the Paper State,’ in Law, Memory, Violence: Uncovering the Counter-Archive, edited by Stewart Motha and Honni van Rijswik. Oxon:

10 Routledge.

Suresh, Mayur (2016) ‘Pendulous Penises and Couture Clitorises: What Medical Men do to Intersex Infants,’ in Nothing to Fix: Medicalisation of Sexual Orientation and Gender Identity, edited by Vinay Chandran and Arvind Narrain. New Delhi: SAGE.

Welchman, Lynn (3rd author, with Doaa Haamoudeh and Layaly Hamayel) (2016) ‘Beyond the Physicality of Space: East Jerusalemn, Kufr `Aqab and the Politics of Everyday Suffering,’ Jerusalem Quarterly 65: 35-49.

Welchman, Lynn (2nd author, with Ruba Salih and Elena Zambelli) (2016) ‘Gender, Intersectionality and Youth Poli- cies in the South and East Mediterranean,’ POWER2YOUTH: Working Paper no.10, May 2016 [ISSN 2283- 5792].

Staff and PhD Student Conference Participation and other Presentations

Ashiagbor, Diamond, ‘Social Rights and the Market: Sovereignty, Market Building and Labour Law in the African Union,’ presented at Melbourne Law School, the University of Melbourne, 22 March 2016. Banda, Fareda, ‘Global Perspectives on Discrimination against Women in Law and Practice,’ presented at aUN Women conference on ‘Towards Equal Opportunity and Eliminating Discrimination against Women in the Administration of Justice, Cairo, 22-24 March 2016. Bano, Samia, ‘Critical Inquiries: Religious Tribunals, Muslim Feminist Scholarship and the Emergence of New Fami- ly Governance Mechanisms in British Muslim Communities,’ presented in the Family Law stream at Socio- Legal Studies Association Annual Conference, Lancaster University, 5-7 April 2016.

Bastaki, Jinan, ‘The Legacy of the 1951 Convention and Palestinian Refugees,’ presented at the Italian Society for Middle Eastern Studies (SeSaMO) conference on Migrants: Communities, Borders, Memories, Conflicts, in Catania, Italy, 16-19 March 2016.

Bhandar, Brenna, ‘Colonialism and Cultivation,’ plenary presentation at Cultivation: Vegetal Lives, Global Systems and the Politics of Planting Conference, Goldsmiths, 18-19 March 2016.

Bhandar, Brenna, ‘Improving the Land, Improving the Native,’ conference presentation at Beyond Development? New Imaginaries of Law & Social Justice, Warwick University, 22 April 2016.

Bhandar, Brenna, ‘Cultures of Dispossession: Critical Reflections on Status, Rights and Identities,’ invited lecture, Critical Theory and Practice Group, Cambridge University, 26 April 2016.

Caldwell, Ernest, ‘Widening the Constitutional Gap in China and Taiwan: Democratisation, Constitutional Reform and the Decline of the Control Yuan,’ presented at Constitutional Histories: Comparative Perspectives, Chi- cago, USA, 11-12 April 2016.

Caldwell, Ernest, ‘Losing Control in Taiwan? Constitutional Reforms and the Future of the Control Yuan,’ presented at European Association for Taiwan Studies Annual Conference, Prague, Czech Republic, 30 March-1 April 2016.

Caldwell, Ernest, 外國學者眼中的台灣法律與中華民國憲法 [The Study of Taiwanese Law and ROC Constitution in the Eyes of a Foreign Scholar], presented at National Taiwan University College of Law Centre for Public Law 23 March 2016 [in Chinese].

11 Caldwell, Ernest, ‘Losing Control in Taiwan? Democratisation, Con- stitutional Change and the Diminishing Role of the Control Yuan 監 察院’ presented at SOAS China History Seminar, 3 December 2015.

Caldwell, Ernest, 留學倫敦大學亞非學院與英國法律界執 業 [Studying Law at SOAS and Introduction to the UK Legal Profes- sion] at National Taiwan University College of Law, 8 March 2016 [in Chinese].

Ercanbrack, Jonathan, gave a Keynote Speech: ‘The Transformation of Islamic Law in Global Financial Markets,’ hosted by L'ecole des Hautes Etudes en Sciences Sociales as part of the lecture series: Islam et le novel esprit du capitalisme Paris, 7 April 2016.

Foster, Nicholas, ‘The Financial Sharia as Law and as Ethics: A Suggestion’, presented at the 10th LSE Islamic Fi- nance Workshop on Islamic Infrastructure Finance, Sustainable Development Goals (SDGs), and the Environ- ment, 12 February 2016. Hu, Yuanqiong, organised a workshop on ‘Multinational Enterprises and Environmental Justice: Laws and Implica- tions of Shell Nigeria and BP Colombia Cases’, LEDC Seminar Series, SOAS, 24 February 2016.

Hu, Yuanqiong, presented a WIPO-WTO Advanced Course on Intellectual Property for Government Officials, 14 March 2016. Hu, Yuanqiong, ‘Patentability as a Social Legal Bargaining: Discussions on Second Medical Use Patent in the Context with focus on Lyrica Case UK,’ presented at Social-Legal Studies Association Annual Conference, Lancaster University, 5-7 April 2016. Hu, Yuanqiong, ‘Three Patent Law Revisions and One More: Relevance and Dilemmas concerning Access to Medi- cines and Innovation in China’, presented at Centre of East Asian Law, School of Law, SOAS, , 18 April 2016. Jenkins, Catherine, gave invited lectures on human rights, Université de Paris X, 24-25 March 2016.

Jenkins, Catherine, participated as a discussant in the annual New South Africa Review Workshop in Johannesburg on 31 March-1 April 2016.

Jenkins, Catherine, at the invitation of NIOD (The Institute for War, Holocaust and Genocide Studies), part of The Royal Netherlands Academy of Arts and Sciences, presented at an event entitled ‘What did the truth bring South Africa?’ The Hague, 26 April 2016. This event marked the twentieth anniversary of the start of the hearings of the South African Truth and Reconciliation Commission.

Lee, Chung-Hsein, ‘The Intertwined Climate Politics and Climate Governance – Observing from Taiwan’s Green- house Gas Reduction and Management Act,’ presented at the 13th Annual Conference of the European Asso- ciation of Taiwan Studies (EATS), Prague, 30 March-1 April 2016.

McIlroy, David, ‘Interest Rate Swap Mis-selling: Where Are We Now?’ presented in MBL Seminars, Edinburgh, 19 January 2016.

McIlroy, David, ‘What’s Next for Exclusion Clauses?’ presented at Cook Young & Keidan, London, 26 January 2016.

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McIlroy, David, Debates with Professor Kevät Nousiainen, ‘Are Human Rights Right for All?’ University of Hel- sinki, 14 March 2016; University of Turku, 15 March 2016.

McIlroy, David, ‘What is it Right to Teach about Human Rights?’ presented at University of Oulu, Finland, 16 March 2016.

McIlroy, David, Debate with Jukka Viljanen and Paul Abbey, ‘Are Human Rights Right for All?’, University of Jyväskylä, 17 March 2016.

Mahy, Petra, ‘The Functional Approach in Comparative Socio-Legal Research: Reflections Based on a Study of Plural Work Regulation in Australia and Indonesia,’ presented in the Methodology and Methods Stream at the So- cio-Legal Studies Association Annual Conference, Lancaster University, 5-7 April 2016.

Mahy, Petra, ‘The Comparative Evolution of Company Law in Indonesia, Malaysia and the Philippines: Colonial Poli- cies and their Legacies,’ presented in Law’s Empire? Justice, Law and Colonialism Stream at the Socio-Legal Studies Association Annual Conference, Lancaster University, 5-7 April 2016, and also presented at a work- shop on The Influence of Colonies on and Practice, Fiskars, Finland, 6-8 January 2016.

Oette, Lutz, ‘Last Rights: Cross-Border Deaths on the Journey to Europe: Toward a Legal Framework’, Legal Consul- tation, LSE, 14 April 2016, Presentation on Reparation.

Oette, Lutz, Online Conversation Leader on the topic of ‘Protecting Survivors and Witnesses’, New Tactics in Human Rights, 18-22 April 2016.

Ohdedar, Birsha, ‘Adaptation to Climate Change in Groundwater Law – Recent Reforms in British Columbia, Canada and England and Wales’, presented at Author’s Workshop on Climate Change and Ground-water: Law and Policy Perspectives, LEDC/UKIERI, SOAS, University of London, 11 December 2015.

Onyema, Emilia, moderated a half-day conference on ‘The Urgency of Greater Participation by African Stakeholders in Arbitrations Involving African Interests,’ hosted and co-organised by Shearman & Sterling LLP, London Offices, and International Chamber of Commerce (ICC) Young Arbitrators Forum (YAF). This event was attended by over 100 participants, and a summary of proceedings and photos was published in the Global Arbitration Review (GAR).

Onyema, Emilia, delivered the Transnational Justice Lecture for the Transnational Justice Lecture Series by Georgetown University at Gray’s Inn, London. She spoke on ‘OHADA Commercial Law Harmonisation Tool and its Impact on Africa’.

Suresh, Mayur, discussant at a conference titled ‘Legal Transfer within the World,’ hosted and co- organised by: The Centre for Critical European Law, Birkbeck, University of London and Max Planck Institute for European Legal History, Frankfurt, 18 February 2016.

Suresh, Mayur, presented in a panel discussion on Sedition and the Nation, at Somerville College, University of Ox-

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Suresh, Mayur, ‘Magical Horrors and Absurd Realities: the Law of the Police in a Terrorism Trial,’ presented at the Contemporary South Asia Seminar Series, University of Oxford, 4 February 2016.

Suresh, Mayur, participated in ‘Homonationalisms and Criminalised Queers: A Panel Discussion about Global Sexu- al Politics’, Birkbeck, University of London, 16 March 2016. Welchman, Lynn, attended a workshop at the University of Miami bringing together lead and contributing authors to the chapter on Pluralizing Families for the International Panel on Social Progress, January 2016.

This SOAS School of Law Research Newsletter was edited by Dr Petra Mahy.

To submit material to the newsletter, please email: [email protected]

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