School of Law Research Newsletter Issue 16

SCHOOL OF LAW RESEARCH Issue Newsletter 16 December - June 2019 Editor | Dr Jonathan Ercanbrack

Commemorating the work and achievements of Professor Werner Menski are Professor Lynn Welchman, Dr Samia Bano, Dr Alexander Fischer, Dr Latif Tas, Dr Prakash Shah, Dr Sonia Khan and other SOAS collaborators.

Contents Editor’s Remarks

his 16th edition of the research newsletter enrich the production of knowledge by forcing Publications 2-3 focuses on the numerous research- us to view issues from divergent, often first-hand Conferences, Workshops related activities that SOAS researchers perspectives. I’m convinced that these activities & Presentations 4-5 undertakeT but which often go without much are the means by which SOAS researchers can Research-Related acknowledgement. These time-intensive and do distinguish themselves as a truly global - Research Centre Activities activities are comprised of presentations, law school capable of producing impactful - Research Snapshots 6-8 dialogues, bridge-building and knowledge research. And so, I call on all of you to join with LEDC’s Twelfth Annual Public exchange, which are necessary preludes to the me in celebrating SOAS’s culture of research Evening Seminar Series 9 production of more formal outputs such as collaboration and knowledge dissemination

Working with Bahir Dar articles, chapters in an edited volume or edited activities, many of which I have not been able to University’s School of volumes. Arguably, the type of research that bring to light in this edition. Law PhD Programme 10-11 is conducted at SOAS is particularly reliant on Finally, I’d like to highlight the important

Staff Update these activities because the knowledge we seek to contributions that our emeritus professors, Emeritus Professor generate and disseminate resides in people. We Werner Menski and Michael Palmer, make to Michael Palmer 12 cannot rely on libraries and online data alone if the SOAS School of Law. Despite their apparent

Researcher Introduction we hope to truly penetrate the research problems retirement, their knowledge production Dr Olivia Lwabukuna 13 for which we seek to find solutions. And yet, proceeds full steam ahead, generating on the ground collaboration is also important considerable influence and prestige for our law Still Flying Kites for SOAS 14-16 because it provides diverse perspectives that school. We owe them our gratitude.

1 Publications

Peer Reviewed Journal Articles

Ms Sara Bertotti Dr Emilia Omneya

‘Separate or Inseparable? How discourse Emilia Onyema, “African Participation in the ICSID interpreting law and politics as separable categories System: Appointment and Disqualification of shaped the formation of the UN Human Rights Arbitrators”, ICSID Review – Foreign Investment Council’s Universal Periodic Review’, (2019) Law Journal (Forthcoming, 2019) 1. The International Journal of Human Rights. Dr Emilia Onyema, “Reimagining the Framework for resolving Intra-African Commercial Disputes in the Context of the African Continental Free Professor Philippe Cullet Trade Area Agreement”, World Trade Review (Forthcoming, 2019) 1. ‘Model Groundwater (Sustainable Management) Bill, 2017: A New Paradigm for Groundwater Regulation’ (2018) 2/3 Indian Law Review 263. Dr Melek Saral (EU Marie-Sklodowska Currie Fellow)

Dr Makeen Makeen ‘The Protection of Human Rights in Transitional Tunisia. Willingness, Consensus and Capacity ‘Evaluation of Moral Rights Protection in Egypt’ Building’ (Forthcoming, 2019) Muslim World (2019) 14 Journal of Intellectual Property Law and Journal of Human Rights. Practice 278.

Emeritus Professor Werner Menski Edited Volumes

‘Ethical States and Responsible Governance in the Global Age of Plural Laws’, 1 (2019) GNLU Journal Professor Philippe Cullet of Law and Society 29. Philippe Cullet, Lovleen Bhullar & Sujith Koonan Werner Menski and Ousman Noor, ‘Author and (eds), Right to Sanitation in India – Critical Subject Index to IANL Vol 32 (2018)’, 33(1) (2019) Perspectives (Oxford University Press, 2019). Immigration, Asylum and Nationality Law 75.

Dr Lutz Oette Dr Lutz Oette Lutz Oette and Mohamed Abdelsalam Babiker Micha Wiebusch, Chika Charles Aniekwe, Lutz (eds), Constitution-Making and Human Rights in Oette, Stef Vandeginste, ‘The African Charter the Sudans (Routledge, 2019). on Democracy, Elections and Governance: Past, Present and Future’ 63 Supplement S1 (2019) Micha Wiebusch, Chika Charles Aniekwe, Lutz Journal of African Law 9. Oette, Stef Vandeginste (eds.), ‘The African Charter on Democracy, Elections and Governance at 10’ 63 (2019) Journal of African Law Supplement S1.

2 SCHOOL OF LAW RESEARCH NEWSLETTER | Issue 16

Emeritus Professor Michael Palmer ‘Hindu Law in Modern Times. How Hindu Law Continues in Modern India’ in Torkel Brekke Hualing Fu, Michael Palmer (ed.) The Oxford History of Hinduism: Modern and Xianchu Zhang (eds.), Hinduism (Oxford University Press, 2019). Transparency Challenges Facing China (Wildy, Simmonds and Hill Publishing, 2019). Dr Lutz Oette

‘Power, Conflict and Human Rights in Sudan’ in Lutz Oette and Mohamed Abdelsalam Babiker (eds.) Constitution-Making and Human Rights in the Sudans (Routledge, 2018). Chapters in Edited Volumes Lutz Oette, Noha Ibrahim Abdelgabar and Mohamed Abdelsalam Babiker, ‘Constitutional Dimensions of Minority Rights and the Rights of Dr Samia Bano Peoples in the Sudans’ in Lutz Oette and Mohamed Abdelsalam Babiker (eds.) Constitution-Making ‘The Usefulness of the Parity Governance Model in and Human Rights in the Sudans (Routledge, 2018). Muslim Family Law Debates’ in Kathryn O’Sullivan (ed.), Minority Religions under Irish Law: Islam in National and International Context (Brill 2019). Media

Professor Philippe Cullet Professor Philippe Cullet ‘Governing Groundwater – Fostering Participatory ‘Water: Our Common Heritage’ Shillong Times (23 and Aquifer-Based Regulation’, in Amarjit March 2019) 6. Singh, Dipankar Saha & Avinash C Tyagi (eds.) Water Governance: Challenges and Prospects ‘Meghalaya: National Politics in a Small, Tribal, (Springer, 2019). North-East State’ South Asia Notes – SOAS South Asia Institute (23 April 2019). ‘The Right to Sanitation – Multiple Dimensions and Challenges’, in Philippe Cullet, Lovleen Bhullar & Sujith Koonan (eds.) Right to Sanitation in India – Critical Perspectives (Oxford University Press, 2019). Dr Lutz Oette Lutz Oette and Suliman Baldo, ‘Sudan: A Genuine, Peaceful People’s Revolution in the Making’, Emeritus Professor Werner Menski African Arguments (12 February 2019).

Werner Menski and Zoe Headley, ‘Hindu Law: The ‘The Causes of Protests in Sudan, the International Legal Other’ in Rossella Bottoni and Silvio Ferrari Criminal Court and the al- Bashir Case’, CNBC (eds.) Routledge Handbook of Religious Laws Africa (Interview, 25 February 2019). (Routledge, 2019). ‘Sudan: A State of Emergency’, Sudan Tribune (28 Werner Menski and Gopika Solanki, ‘Hindu Law: February 2019). Marriage’ in Rossella Bottoni and Silvio Ferrari ‘Britain’s Flawed Dialogue with Sudan Regime’, (eds.) Routledge Handbook of Religious Laws Guardian (Letters, 10 March 2019). (Routledge, 2019). ‘Sudanese Protests and al-Bashir’s Removal from Werner Menski and Kalindi Kokal, ‘Hindu Law: Power’, France 24, Eye on Africa (Live Interview, Dynamics of Belonging and Status’ in Rossella 11 April 2019). Bottoni and Silvio Ferrari (eds.) Routledge Handbook of Religious Laws (Routledge, 2019).

3 Conferences, Workshops & Presentations

Dr Samia Bano Diversitas 6th General Conference: Law, Roots & Space (Keynote Lecture, Faculty of Law, North- ‘Muslim Women and Gender Segregation Debates West University, Potchefstroom, South Africa and in Britain’, Workshop: Gender Segregation and the Southern African Society for Legal Historians, Deconstruction in the UK (University of Sussex, 22 15 April 2019). January 2019). ‘Decolonising the University: Knowledge, Power and ‘Legal Diversity’, Staff Seminar Series: Centre Dr Emilia Omneya for Global Politics, Economy and Society and the Panel presentation: ‘London as a Dispute Department of Politics and International Relations Resolution Hub for International Parties’, London (Oxford Brookes University, 14 Feb 2019). International Disputes Week (Norton Rose ‘Muslim Marriage and Critical Muslim Feminist Fulbright, 7 May 2019). Approaches’, Conference: Beyond Marriage: ‘SOAS Arbitration in Africa Survey’, African Philosophy, Politics and Law (University of Arbitration Association (AfAA) Arbitration Cambridge, 24-25 May 2019). Inaugural Conference (Kigali, 3 April 2019). ‘Care, Welfare and Protection: Analysing the Keynote Speech: ‘SOAS Arbitration in Africa experiences of British Muslim Children under the Survey 2018’, Fourth Annual Conference on Energy Children’s Act 1989’, Workshop: Minority Families Arbitration and ADR in MENA and Africa Regions and the Law: Interactions of Ethnic, Religious and (CMS Law Offices, London, 8 March 2019). Cultural Minorities with Law and State Institutions (Oñati International Institute for the Sociology of ‘The Attitude of English Courts Towards Law, Spain, 29-31 May 2019). Enforcement of Arbitral Awards under the New York Convention’, Sharm El Sheikh CRCICA conference (Sharm El Sheikh, Egypt, 9-11 December 2018). Ms Sara Bertotti

‘The Comprehensive Peace Agreement of Nepal: An Dr Lutz Oette Analysis of its Legal Status and Reception in Nepal’s Post-Conflict Legal Order’, Britain-Nepal Academic ‘Editorial Committee & Primary Drafters Meeting on Council 17th Study Days (University of Edinburgh and the Istanbul Protocol’, Physicians for Human Rights, Royal Botanic Garden Edinburgh, 15-16 April 2019). the International Rehabilitation Council for Torture Victims, the Human Rights Foundation of Turkey, and REDRESS; UN Committee against Torture, UN Dr Jonathan Ercanbrack Subcommittee for the Prevention of Torture, UN Special Rapporteur on Torture and the UN Voluntary ‘The Convergence of Islamic and Sustainable Fund for Victims of Torture, supported by Dignity Finance’, RFI Brussels Roundtable (Invited - Danish Institute against Torture (Copenhagen, Speaker, Responsible Finance Institute, Brussels, Denmark, 12-13 March 2019). Belgium, 22 March 2019). ‘Beyond Shamima Begum: The Wider Implications of Citizenship Deprivation’ (SOAS Student Union, 19 March 2019). Dr Werner Menski ‘Istanbul Protocol: Medico-Legal Documentation ‘Pragmatic Legal Pluralism as a Growth Engine and of Torture and Ill-Treatment’, IRCT and Council of Stabiliser for Development in Asia and Africa’, Juris Europe (Pristina, Kosovo, 8-10 April 2019).

4 SCHOOL OF LAW RESEARCH NEWSLETTER | Issue 16

Professor Werner Menski and former Director of SOAS, Professor Paul Webley, greet one another on the occasion of Professor Menski’s retirement.

Emeritus Professor Michael Palmer Progress Talk (Invited Speaker, ZMO (Leibniz Zentrum Moderner Orient), Berlin, 11 April 2019). ‘Modes of Dispute Response: Reconnecting the ‘Human Rights in North Africa after the Arab Range’, Conference: Advances in Comparative Uprisings: Challenges and Prospects’, (Invited and Transnational ADR: Research into Practice Speaker, GIGA (German Institute of Global and (University of Hong Kong (HKU), 8-9 March 2019). Area Studies) Hamburg, 10 April 2019). ‘Planning and Contracting: Population Issues and ‘Human Rights in North Africa: Opportunities and Family Law Today and Yesterday in the mainland Prospects’, (Invited Speaker, Istanbul University, PRC’, Workshop: Chinese Family Law in Action Istanbul, 3 January 2019). (Convener and Presenter, University of Hong Kong (HKU), 27 April 2019).

Dr Melek Saral Highlight ‘Human Rights in Post-Uprising Tunisia and Morocco’, Tricontinental Conference 2019, Dr Catherine Jenkins has accepted a (Panellist, Yeditepe University, 15 May 2019). prestigious invitation from Cambridge University to speak at its ‘Festival of Ideas’ in ‘Human Rights in the MENA Region: Challenges Cambridge in October, on the subject of Truth, and Opportunities’, Panel Discussion (Convener Reconciliation and Peacebuilding. According and Panelist, Centre of African Studies, London to the published description, ‘The Cambridge Middle East Institute and SOAS School of Law, 5 Festival of Ideas was established in 2008 with March 2019). the aim of encouraging the public to explore ‘Human Rights in the Mena Region after the the arts, humanities and social sciences, meet Uprisings’, (Invited Lecturer, Department of academics and students, and engage with Political Science, LUISS, Rome, 13 March 2019). the University via a thought-provoking and ‘Human Rights in North Africa after the Arab creative series of mostly free events.’ Uprisings: Challenges and Prospects’, Work in

5 Research Centre Activities

Centre for Human Rights Law Centre for Islamic and Middle Eastern Law (CIMEL)

Chair: Dr Lutz Oette Chair: Dr Jonathan Ercanbrack

Roundtable Discussion: Human Rights and The Centre for Islamic and Middle Eastern Law Democratic Change in Sudan Centre for Human hosted a public lecture and international workshop Rights Law, Roundtable (SOAS, 24 January on Islamic finance on the 13th and 14th of February, 2019) https://www.soas.ac.uk/human-rights- respectively. The workshop brought together a law/reports-research-projects-and-submissions/ select group of leaders and pioneers of the Islamic file138869.pdf. finance industry to engage in discussions based on Chatham House Rules and open and honest Seminar: ‘Opposing a Bankrupt Regime: Civil dialogue concerning key issues facing the industry. Society Protests and the Movement for Democratic The events were jointly hosted by the SOAS Centre Change in Sudan’, Dr. Suliman Baldo (SOAS, 25 for Islamic and Middle Eastern Law (CIMEL) and January 2019). the Qatar Financial Centre (QFC) Authority in Seminar: ‘Failing Justice: Beyond the Failed State’, academic partnership with the College of Islamic Dr. Pablo de Greiff, Former UN Special Rapporteur Studies (CIS), Hamad Bin Khalifa University on the Promotion of Truth, Justice, Reparation and (HBKU) and ISRA (International Islamic Research Guarantees of Non-Recurrence (SOAS, jointly with Academy) of Malaysia. Lawyers for Justice in Libya, 28 January 2019). The events are a continuation of a Workshop Report: The UK series of annual events that have Prison System: Compliance with The lead theme been held uninterrupted for 14 years International Human Rights Law for this year was and which began in 2006 at Harvard (as part of the UK Prohibition “Responsible University and then moved to the of Torture Network) (SOAS, et Investment, Value- London School of Economics (LSE) Based Intermediation al., March 2019) https://www. in 2007. Since 2018, the events have and the Future of soas.ac.uk/human-rights-law/ been jointly hosted by CIMEL-SOAS Islamic Finance” reports-research-projects-and- and the QFC with the academic submissions/file138966.pdf. support of CIS-HBKU and ISRA. Endorsement of Human Rights Report: The The lead theme for this year was “Responsible UK’s Implementation of the UN Convention against Investment, Value-Based Intermediation and the Torture and Other Cruel, Inhuman or Degrading Future of Islamic Finance” which was prompted by Treatment or Punishment, Civil Society Alternative the new value-based intermediation (VBI) initiative Report (Redress, March 2019) (endorsed by 74 proposed by the Shariah Advisory Council of the NGOs, civil society groups and individuals, including: Central Bank of Malaysia, Bank Negara Malaysia Nick Hardwick, Royal Holloway University of (BNM). According to BNM, the VBI initiative “aims London; Lutz Oette, Centre for Human Rights to deliver the intended outcomes of Shariah through Law, SOAS, University of London; Par Engstrom, practices, conduct and offerings that generate the UCL Institute of the Americas; Tom Pegram, positive and sustainable impact to the economy, UCL Global Governance Institute, as conveners community and environment, consistent with the of the UK Prohibition of Torture Network’s 2019 shareholders’ sustainable returns and long-term workshop: The UK Prison System: Compliance with interests.” The initiative aims to widen the scope International Human Rights Law). of Islamic financial intermediation from mere

6 SCHOOL OF LAW RESEARCH NEWSLETTER | Issue 16

Seated are Dr Jonathan Ercanbrack, Mr Rafe Haneef and Sir William Blair on the occasion of Mr Haneef’s public lecture at SOAS.

legalistic compliance with the Shariah towards reviewing not only the Shariah compliance of a addressing broader and longer-term issues related transaction but also the impact profile of the activity to the public interest. being financed. Rafe, who is a recognised leader in the Islamic finance industry, shared the ways in The workshop was preceded by the SOAS-QFC which CIMB are incentivising clients to take more Public Lecture on Islamic Finance, which was sustainable actions by offering more competitive delivered this year by CIMB Islamic Group CEO rates, for example, for the purchase of a hybrid car Rafe Haneef. The public lecture was chaired by Sir or an eco-friendly home. William Blair, an English High Court judge and Professor of Financial Law and Ethics at Queen The subsequent expert workshop was held under the Mary University of London, who previously served moderation of Professor Frank E Vogel, Founding as a Queen’s Counsel specialising in domestic and Director of the Islamic Legal Studies Program at international banking and finance law. The audience Harvard Law School. Participants of the workshop were welcomed by Dr Jonathan Ercanbrack, reviewed and considered the VBI initiative in Lecturer in the Law of Islamic Finance at SOAS light of other global programmes, such as the UN and Chair of CIMEL and principal organiser of Sustainable Development Goals (SDGs), the UN the events. In his lecture, Rafe Haneef introduced Principles of Responsible Investment and the CIMB’s ground breaking initiatives as one of the upcoming UN Principles of Responsible Banking, largest Islamic banks in Malaysia for adopting a which all take into account environmental, social more responsible corporate strategy, which entails and governance (ESG) considerations.

7 Standing from left to right are: Datuk Mohd Daud Bakar, Dr Jonathan Ercanbrack and Seminar: ‘Fintech, Islamic Finance and the Role of Mr Nick Foster on the occasion Sharia Scholars’, Datuk Mohd Daud Bakar (SOAS, of Dr Bakar’s public seminar 8 March 2019). at SOAS. Datuk Dr. Mohd Daud Bakar is the Founder and Executive Chairman of Amanie Group. He the Securities Commission of Malaysia, the Labuan currently serves as the Chairman of the Shariah Financial Services Authority, the First Abu Dhabi Advisory Council at the Central Bank of Malaysia, Bank, and Permodalan Nasional Berhad.

Research Snapshots

Dr Melek Saral

Dr Saral is a Marie-Sklodowska Curie Fellow of the SOAS School of Law. Prof. Baderin was and is working on a project on ‘Human Rights Dr Jaja’s former doctoral supervisor, which he in Post-Uprisings Middle East: Emerging received in 2013. Dr Jaja’s research is entitled: Discourses and Practices in Egypt and Tunisia’. ‘Procedures/Styles of Legislative Drafting and The research project aims at interrogating the Statutory Interpretation: A Comparative Study human rights discourses and practices in the of the Africa’s Legal Systems’. It is the first work MENA region undergoing transition through of its kind in Africa, the only similar work in the course of the so-called Arab Spring by Europe is William Dale’s “Legislative Drafting: conducting a comparative analysis of two key A Comparative Study of Methods in France, countries — Egypt and Tunisia. Belgium, Germany, United Kingdom, Sweden and Netherlands” published in the year 1977. A modified and enlarged version of this Dr Tonye Clinton Jaja Research Report has recently been accepted for publication by Lexis Nexis. Professor Kevin Dr Jaja has been a Post-Doctoral Research Aquilina, Dean, Faculty of Laws, University of Associate from November 2018 to June 2019 Malta, has written a foreword. under the supervision of Prof. Mashood Baderin

8 SCHOOL OF LAW RESEARCH NEWSLETTER | Issue 16

12th

LEDC’s Twelfth Annual Public Evening Seminar Series (2018-2019)

Law, Environment and Development Centre (LEDC) Chair: Professor Philippe Cullet

06 / 06 / 2019 Prof. Carlos María Correa (Executive Director of the South Centre, Geneva), ‘Towards an International Regime on the Conservation and Sustainable Use of Marine Biological Diversity – Will the International Community Succeed in Developing a Fair Regime?’

13 / 03 / 2019 Samarendra Das & Zuky Serper, ‘“Make Pollution Political”: Toxic Pollution, Multinational Companies and the search for Justice through the Court’.

07 / 02 / 2019 Dr Sam Geall, ‘Can China Really Lead on Climate Change?’

31 / 01 / 2019 Ann Varley (UCL), ‘Land Titling & Social Embeddedness: Gender, Property and Formalisation in Mexico’s Informal Settlements’.

06 / 12 / 2018 Tim Edwards (Bhopal Rights Activist), ‘The Bhopal Disaster 34 Years Later’ (Screening of Bhopali and Discussion).

29 / 11 / 2018 Susie Alegre (Island Rights Initiative), ‘Not Waving but Drowning - Human Rights, Climate Change and Small Islands’.

15 / 11 / 2018 Dr Damien Short (School of Advanced Study, University of London), ‘Criminalising Environmental Protest: Policing the Anti-Fracking Movement’.

01 / 11 / 2018 Dr Lisa Vanhala (UCL), ‘Climate Change-Related Loss and Damage: Institutionalising an Idea in the UNFCCC’.

25 / 10 / 2018 Tatiana Lujan (Client Earth), ‘European Policy Developments Around Plastic Pollution’.

11 / 10 / 2018 Emily Unwin (Client Earth), ‘Using the Law to Improve Forest Governance - Case Studies from Central & West Africa and the EU’.

9 Working with Bahir Dar University’s School of Law PhD Programme

Dr Lutz Oette

uring a coffee break in the new open air and Land Law, and Business and Corporate Law, cafeteria of Bahir Dar University’s law with a total of over 600 students enrolled in 2019. campus, two of this year’s postgraduate Two years ago, Dr. Dadimos Haile, Associate researchD students tell me how eager they are to obtain Professor of Law and presently Coordinator of the a PhD and put it to good use in their future work. They Doctoral Programme, contacted me, expressing an are part of what is by all means a pioneering effort interest in working with SOAS School of Law (SoL), in Ethiopia, that is to establish a PhD programme in due to our range of expertise in relevant subjects law. Ethiopia’s higer education policy sets out as one and regional focus. In July 2017, SoL and BDUSoL of its main goals the strengthening of teaching and agreed on a memorandum of understanding. It set postgraduate research. Academic staff at Ethiopia’s out terms for cooperation, consisting of exchange University law schools often have no PhDs or even of experience, review of the PhD curriculum, joint LLM, and postgraduate courses may be run by supervision of doctoral students and the delivery of recent LLM graduates. At Bahir Dar University’s postgraduate courses and skills training for research School of Law (BDUSoL), only two of the staff students and staff. I first went to Bahir Dar in August hold a PhD (from abroad), and some not even an of that year together with Professor Eva Brems, LLM. Legal research and publication is increasingly Ghent University, and Professor Pietro Toggia, encouraged but remains comparatively weak, Kutztown University, as external reviewers, joined due to a combination of factors, including limited by Dr. Abebaw Yirdaw of the Ethiopian Institute resources and the absence of a well of Higher Education, Addis Ababa developed legal research culture. University. The ensuing discussions In July 2017, SoL and There are three main law journals in and programme evaluation assisted BDUSoL agreed on Ethiopia, the Journal of Ethiopian a memorandum of Dr. Haile in developing a full- Law, at Addis Ababa University; understanding. fledged PhD programme that Mizan Law Review, Centre for Law commenced in December 2017. In in Sustainable Development, Addis addition to first year courses on Ababa; and the Bahir Dar University Journal research methods, academic writing and skills, of Law, which provide fora to discuss pertinent and advanced jurisprudence and contemporary legal issues in the Ethiopian context. Ethiopian legal issues, the programme offers several courses scholars have also submitted an increasing number on thematic areas of interest, particularly human of manuscripts to the Journal of African Law, of rights law and criminal justice, and international which I am a co-editor, but only few of them are trade, investment and business transaction law. of a quality that makes them potential candidates Over the last two years, I have supervised one PhD for publication. It is against this background that student, and taught two one-week international two universities decided to establish a PhD in law human rights law courses. This year, the course programme. Addis Ababa University Law School was attended by three PhD students, together with was the first in 2017, followed suit by BDUSoL two LLM students. Most of the PhD students, five in the same year. Bahir Dar, the capital of the out of seven in the first two years, have chosen Amhara Regional State, is a city in north-western topics in the field of human rights and criminal Ethiopia. BDU is among the largest in Ethiopia with justice. Atikilt Fetene’s research focuses on the more than 50,000 students in its 70 Bachelor, 131 rights of persons with disabilities and their acccess Masters and 30 doctoral programmes. Its School of to public buildings in Ethiopia. Addisu Gulilat is Law was established in 2001. It now runs an LLB examining the question of counter-terrorism and programme, a BA in Goverance and Development human rights in the Ethiopian context whereas Studies, and three specialised LLM programmes in Molalign Asmare’s research centres on Ethiopia’s Criminal Justice and Human Rights, Environment criminal law response to cybercrime. The topics

10 SCHOOL OF LAW RESEARCH NEWSLETTER | Issue 16

Left to right (standing): Dr Dadimos Haile, Dr Lutz Oette, Mr Addisu Gulilat, Mr Molalign Asmare; Centre (sitting) Ms Atikilt Fetene.

provide a glimpse of the programme’s significant PhD students, it is difficult to see how this will research potential, here revisiting topics of wider change. Yet, there are also encouraging signs that international interest and analysing them in the individual students are genuinely committed to Ethiopian context. Land law, various aspects of establishing themselves as scholars and bringing environmental law, as well as investment law and their knowledge to bear in the local and national investment dispute resolution are amongst the context. This is also reflected in the eagerness of the fields expected to feature prominently in years to top LLM students who joined our class this year. come, considering their growing importance in Students and academics at BDUSoL emphasised Ethiopia and the region. the value of research and academic debate to The PhD students have struggled, though, with address developments of concern. I was impressed developing proposals that reach beyond largely by the level of engagement and critical analysis doctrinal compatibility studies. Limited emphasis evident in the discussions on mob violence and on theory and a narrow approach to research human rights protection following a public lecture methods, as well as lack of familiarity with wider I gave on the subject at BDU on 16 May 2019. debates in the field, are some of the key explanatory There is good reason, and considerable scope for factors. Students have complained about the limited SoL members to engage in, and support BDUSoL‘s accessibility of legal literature. The library book PhD progamme by supervising PhD students, holdings are not up-to-date, and access to online delivering courses to LLM and PhD students, and, databases is very limited. While the development more broadly, undertaking joint research activities of a legal research culture will surely take time in fields of interest. SoL may also consider hosting to take root, there is both inadequate funding PhD students on short term exchanges to provide and deep-seated structural factors that pose them an opportunity to benefit first-hand from its fundamental challenges to the future prospects of research environment. the PhD programme. A PhD carries social prestige On a personal level, engaging with BDUSoL in Ethiopia. Yet, it is neither a prerequisite for on the programme has taught me a lot about the an academic post, not even a professorship, nor conditions in which our Ethiopian colleagues work, does it entail any financial advantages, as PhD their thinking, aspirations, and the challenges they holders are not better paid than their colleagues. face. It also provided me with some appreciation of Academic pay is generally low across the University the many topical legal issues in one of the largest sector. Potential PhD students, including young countries on the continent. For these reasons, and academics, typically seek a move to the capital, the BDUSoL’s exceptional hospitality, it has been into private practice, or ideally abroad to better an enormous privilege, and pleasure, to be part of their financial position. Attracting and retaining what is a trailblazing initiative in Ethiopia, and, the best postgraduate research students therefore hopefully, the beginning of a lasting relationship constitutes an ongoing struggle. Without changes between the two law schools. in academic pay structure and rewards for

11 Staff Update Emeritus Professor Michael Palmer

ince the beginning of this academic year In addition, the China Quarterly has accepted (Sept 2018), work on issues of transparency a proposal I submitted jointly for a Special Issue in the PRC resulted in an edited volume on ‘Higher Education in China’, with workshops S(January 2019): Transparency Challenges Facing held September 13-14, 2018, and April 29, 2019 China, Hualing Fu Michael Palmer, Xianchu at the Chinese University of Hong Kong, and Zhang, Eds, Wildy, Simmonds and Hill Publishing with publication expected later this year or early (see: http://researchblog.law.hku.hk/2019/02/ next year. My own substantive essay is entitled new-book-transparency-challenges-facing.html). ‘Lowering the Bar? Students with Disabilities in The Journal of Comparative Law, of which I am co- PRC Higher Education’. On March 9, I delivered editor, published two issues (13:2 [with a special section a paper entitled ‘Modes of Dispute Response: on ‘Law and Happiness’], and 14:1 [with a special Reconnecting the Range’ at a conference held at section on ‘Constitutional Amendment in SE Asia’]). the University of Hong Kong (HKU) on ‘Advances Other research work has mainly been focused on in Comparative and Transnational ADR: Research dispute resolution and on comparative family law. into Practice’, 8, 9 March 2019. And on 27 April I am co-editing as well contributing a chapter (on 2019 I co-convened (with He Xin) a workshop in issues of violence) to a collection of original essays ‘Chinese Family Law in Action’ at HKU to which for a research handbook entitled Comparative I also presented a paper entitled ‘Planning and Dispute Resolution, to be published by Edward Contracting: Population Issues and Family Law Elgar later this year or early next year. The MS Today and Yesterday in the mainland PRC’. It is for my CUP book (with Simon Roberts) Dispute intended that both conferences will lead to a book Processes, has been accepted for publication as the and journal publication. 3rd Edition later this year or early next year.

Standing from left to right are: Professor Michael Palmer, Professor Mu Hongqin, Shantou University Law School, PRC, and Dr Maria Federica Moscati, University of Sussex.

12 SCHOOL OF LAW RESEARCH NEWSLETTER | Issue 16

Researcher Introduction Dr Olivia Lwabukuna

livia is a pan-African lawyer and advocate profitable, but also sustainable and inclusive of the High Court of Tanzania. She natural resources exploitation in Africa, thus obtained her Bachelor of Laws from the contributing to development in resource rich UniversityO of Swaziland, Master of Laws from (fragile/transitioning) African countries. the University of Cape Town and a Doctor of The other strand of her research is on migration Laws from the University of Pretoria, where she governance in Africa, specifically aspects of is currently an Extra-Ordinary Lecturer. Before internal displacement. Her research specifically coming to SOAS, Olivia had over a decade of concentrates on the Great Lakes Region of Africa. professional and academic experience working Her interest is in engaging with the concept of in South Africa, Tanzania, Swaziland, Nigeria, displacement, how it is framed within the African Kenya and the United Kingdom context, and why that framing can within research, public policy, sometimes be difficult, and create legal practice, development and complexities in finding durable Olivia’s research solutions to issues of displacement. educational institutions. interests lie in the area Olivia is currently a lecturer of law’s interaction This is closely linked to equally in the department of Law, SOAS, with development and complex themes of ethnicity, University of London where she migration, specifically identity, citizenship and statehood teaches on a range of undergraduate within an African in post-colonial African countries, and postgraduate modules related regional and sub- especially within the Great Lakes to Public International Law, Legal regional context. Region. Regional collaborative Systems of Asia and Africa, Law approaches to migration and Development in Africa and governance present a viable vehicle Foundations of Human Rights. for engaging with displacement She is also an associate editor of the Journal of within this context. Thus, Olivia’s research also African Law (Cambridge). engages with the evolving regional and sub- Olivia’s research interests lie in the area regional norms and policies related to internal of law’s interaction with development and displacement, including their domestication and migration, specifically within an African regional application within selected countries of the Great and sub-regional context. In this respect, one Lakes Region. particular aspect of her research concentrates Olivia’s research is informed by on the interdisciplinary and evolving theme of principles and values such as participation, law, governance and economic development. deliberation, consultation and inclusion, and Olivia’s research interests have specifically is cognisant of, and aimed at creating impact been directed at engaging with the relationship in support of global and African continental between trade in natural resources, conflict and development policies such as the Sustainable development. Her approaches include exploring Development Goals and Agenda 2063. the extractives industry in Africa (specifically the nascent oil and gas industry) and the evolving Regions and countries of interest: regional and domestic governance and regulation Africa-Mostly East and Southern Africa- system related to it. Her research interrogates Tanzania; Kenya; South Africa; Madagascar; the relationship between extractives exploitation, Uganda; Swaziland; and West Africa (Ghana) conflict and underdevelopment and explores how law (through governance mechanisms and Countries of expertise: regulatory frameworks) can support and promote Tanzania; Kenya; South Africa; and Swaziland.

13 Still Flying Kites of Law for SOAS

Emeritus Professor Werner Menski

onathan asked me to explain one of my most The Juris Diversitas Conference of 2019 sought recent kite flying adventures, and I am happy to explore the historical, socio-political and also to provide this for the last Newsletter that he spatial dimensions of multiple endeavours in hasJ kindly been editing. I was in Potchefstroom at different areas of law to find the right balance in the North-West University of South Africa, where using law as a tool of sustainable development. I the 6th General Conference of Juris Diversitas on traced briefly for the conference participants how ‘Law, Roots & Space’ was held from 15-17 April the kite model had developed out of the earlier 2019, to deliver the Conference Keynote Lecture, on triangular structure that was built on the seminal ‘Pragmatic Legal Pluralism as a Growth Engine and earlier theorising of Professor Masaji Chiba from Stabiliser for Development in Asia and Africa’. Japan, one of my academic heroes. I then explained When I retired from the SOAS Law School in how, once we realised that Chiba’s ‘legal postulates’ September 2014, colleagues gave me a kite as a actually comprised both traditional values and farewell present. This was a playful reference to the ethics, including religion, as well as the modern fact that the triangular model of law, presented in the ethics of human rights and internationalism, ‘Blue Bible’, Comparative Law in a Global Context. kite corners 1 and 4 as two sets of competing The Legal Systems of Asia and Africa (Cambridge: normative orders were now a major focus of any CUP, 2006: 632), had turned into a kite of law, in new conflict scenario that would arise, all over the which always four competing types globe. In other recent work, found of law, corners 1, 2, 3 and 4, each in in Kyriaki Topidi (Ed.) Normative turn composed of elements rooted I have continued to Pluralism and Human Rights. Social in these four competing elements, develop and fine- Normativities in Conflict (London require constant situation-specific tune this model and New York: Routledge, 2018: balancing, in theory, but also in theoretically, as well 1-36), I had explored what this practice. Rather than retiring to as applying it and means for dispute resolution, in a beach with my toy kite, I have testing it in more and various efforts to secure what we continued to develop and fine-tune more law-related commonly call ‘justice’. That piece of this model theoretically, as well as scenarios, especially writing also highlighted the critical now in global South- applying it and testing it in more relevance of individuals as legal South comparisons. and more law-related scenarios, actors, often hiding behind some especially now in global South-South kind of institutional smokescreen, comparisons. As this continues President Trump being only the to challenge the dominant Eurocentric and also most obvious present embodiment of such fuzzy Anglocentric discourses on law and development, boundaries between law, politics and psychology. of all kinds, this is great fun and also gives me good In the Keynote Lecture, I then focused on the reasons to travel to different places. It promotes the highly contested powers of decision-making held post-colonial message that responsible law-related by all humans as legal actors, mostly of course with scholarship, rather than uncritically endorsing much constraint, but ideally never devoid of a sense power structures that seem to uphold law, order and of alterity-focused responsibility. This desirable justice, involves careful meditation about ethically consciousness of responsibility not only for oneself responsible governance, often with surprisingly (corner 1 of the kite), but for others around the legal large elements of self-controlled ordering, actor in any socio-political and socio-economic space making legal scholarship indebted to psychology, (kite corner 2) meant that identity markers such as anthropology, and much else. Ubuntu became directly relevant in this context.

14 SCHOOL OF LAW RESEARCH NEWSLETTER | Issue 16

What kite are you?

3 2

Power-from-within

3 2 4 Power-Over Power-With-Others

Power-From-Within-and-Over

15 which comparative lawyers from SOAS ought to play a significant role, are currently gathering momentum and will be pursued in a number of conference projects all over the Global South. Such discussions concern not only family laws and the never-ending debates about legal uniformity versus ‘religious’ personal law structures, but more so various aspects of the transformative effects of constitutionalism and, as mentioned already, much new work on environmental laws and regulation, including environmental philosophy with a legal flavour. Interdisciplinarity and cross-jurisdictional comparative law engagement seem to be gaining ever more relevance. But my warning remains that without careful, cautious recognition of corners 1 However, more explicitly legal, responsible and 2 of the kite of law, such comparative legal action and decision-making of any state-related discourses lack pragmatic depth and credibility. actor (kite corner 3), often exercising huge Deliberate myopia in comparative law theorising discretion, also requires constant monitoring risks choking the engines of good development and surveillance in order to promote ethically worldwide or turns them into power tools for good governance. And finally, in the benefit of certain dominant interest groups kite corner 4, ambitious ethical and stakeholders, even pompous individuals principles of human rights and who glorify themselves so visibly as law-makers, I am pleased to say international legal regulation and while contributing to mayhem all over the planet. that my efforts to These Research Newsletters will hopefully combine theory and surveillance were also shown to be contain further pieces of law-related writing from practice made sense affected by huge conflicts over their to the conference ideological and cultural roots as well me. My main academic activity in retirement, participants, so as their impacts on development, though, has increasingly become the editorship much so that playful in the past, the present, but also (since 2003) of South Asia Research, a SOAS references to kite with a view to the future and our Journal published by SAGE in New Delhi, flying appeared in responsibility for the welfare of which keeps me anchored in my main field of various panel sessions future generations. It is obvious expertise apart from law, the vast field of South and in the concluding that such application of pragmatic Asian Studies. This editorship involves much proceedings. legal pluralism to development mentoring of young scholars, mainly from the contexts relates strongly to debates Global South, seeking to publish their work about environmental regulatory in a top-rated journal. It is a very enjoyable patterns, to which the conference programme had activity, in which constant awareness of kite dedicated considerable space. balancing methodology remains a great asset, I am pleased to say that my efforts to combine too. I thank Jonathan for giving me this space theory and practice made sense to the conference and wish everyone much success in maintaining participants, so much so that playful references the excellence of the SOAS Law School. to kite flying appeared in various panel sessions and in the concluding proceedings. The ongoing debates about South-South comparisons, in Werner aka PM, 13 May 2019.

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