Centre for Legal Research Annual Report 2013-2014

Follow the CLR on Twitter @CLR_UWEBristol Centre for Legal Research / Annual Report 2013/2014

Contents

Overview of the Centre for Legal Research 2013-2014 3 Overall purpose of the CLR 4 Research units 4 Aims of the research units 4

Unit reports 5 • Criminal Justice Unit 5 • Commercial Law Research Unit 8 • Environmental Law Unit 11 • Family, Gender and Equality Unit 13 • International Law and Human Rights Unit 14

Centre for Legal Research publications 20 • Books 20 • Chapters in books 20 • Journal articles 21 • Conference and seminar papers 22

Centre for Legal Research members 25 Post-Graduate Research case studies 26 Centre for Legal Research / Annual Report 2013/2014

Overview of the Centre for Legal Research 2013-2014

The Centre for Legal Research (CLR) was established by the University in October 2002. It promotes and co-ordinates the research activity within the School of Law. The CLR is fortunate to be home to a large number of scholars, research associates and postgraduate students who specialise in a wide range of subject areas and legal disciplines. We are passionate about the law, its ability to change people’s lives and the ways in which our own work can affect change regionally, nationally and across international borders. CLR scholars are at the forefront of many legal and policy debates, knowledge exchange and public engagement activities. Our scholarship informs national and international legal developments, impacting on the lives of people in the wider community, as well as government and business.

The CLR and its research is organised into five subject-based research units covering: Commercial Law; Criminal Justice; Environmental Law; Family, Gender & Equality and International Law & Human Rights. As you will see from the unit events detailed in this report, 2013-14 has been a very busy year for the CLR. Its members have been engaged in a wide variety of research, seminar and conference activities. We have hosted speakers from around the world, and provided a forum for debate and public engagement. Our work has impacted on policy debates within government, the scholarly community, businesses, charities and the voluntary sector.

This year, CLR scholars have engaged in a great deal of consultancy work with external 3 partners and have attracted research funding from a variety of sources including: the British Academy, Public Health England, ESRC, Avon and Somerset Constabulary, College of Policing and the European Union. This year has seen the CLR’s best ever record for funding bids and research income in its history. The previous record was 12 bids in a year, but this year we achieved 30 bids. Of those, 13 were successful and generated bid income of £424,382 for the law school.

The combination of high class scholarship and research-led teaching is an important element in our commitment to teaching and to our students. In addition to this, the CLR has a number of talented undergraduate and postgraduate student members. As Centre director, I am delighted to be able to present two case studies featuring postgraduate students and their research. These case studies illustrate the passion our students have for their own areas of research and how colleagues within the CLR assist and support their research.

I hope you enjoy reading about our achievements as much as I have enjoyed working with colleagues who have done so much to promote understanding, research excellence and community impact over the last 12 months.

Professor Phil Rumney Director, Centre for Legal Research Centre for Legal Research / Annual Report 2013/2014

The overall purpose of the Centre for Legal Research

The Centre for Legal Research (CLR) aims to support the research policy of the Bristol Law School by working to further improve the research reputation of the School, to broaden the base of active researchers and to increase the level of research funding.

It seeks to do this by providing a mechanism for securing external recognition for the research capabilities of the School, to assist the research units to develop their own identities and reputations, and by providing a supportive structure for research active staff whether or not they are members of a research unit.

Key aims of the CLR • improve the quality of research and publications in the Law School • increase the level of funding secured for research, and from other research-related activities such as conferences • develop the public profile of the CLR • improve the internal profile of the CLR, and knowledge and appreciation of research activity within the School • increase the rate of citations of work published by centre members and develop other esteem indicators

4 Research units

The CLR comprises five research units headed by a research active academics: Commercial Law; Criminal Justice; Environmental Law; Family, Gender & Equality and International Law & Human Rights. Members of these research units include colleagues from other faculties, as well as undergraduate, LLM and PhD students in the School of Law.

Aims of research units • to act as a subject focus for research and research funding bidding and to develop experienced bidding teams reflecting areas of research expertise • to facilitate more effective management of research, and to encourage research expertise across the School • to help fulfil the goal of widening participation in esearchr through the provision of a more specific focus for subject-related research activities • to organise research specialism and publications for the next REF • to raise the external profile of the Law School’s research activities Centre for Legal Research / Annual Report 2013/2014

Criminal Justice Unit Annual Report

Introduction The Criminal Justice Unit provides a forum for criminal justice research activity within UWE. We support our members in the development and implementation of their research and other scholarly activity. We actively support research funding applications and encourage collaboration both within the unit and in the wider academy.

The CJU provides a platform for members to present their research, and has in the past 12 months held several meetings at which at least one research paper was presented by a member of staff; this allowed for discussion and development of ideas to ensue so that presenters could get the most out of their paper and feedback and discussion. The papers presented included topics such as money laundering in Laos PDR, and giving evidence to governments on violence against women. There is clear cross-disciplinary appeal as regards the research presented.

Unit reports The unit has gained several new members this year, all based in law, which has allowed not only for the expansion of the Unit and for some interesting research papers to be given, but also for Unit members to get a better idea of what each other are researching so that dovetailing interests and collaborative opportunities may be identified. The Unit has members from Law, BILP, Education, Criminology, Public Health, and HAS, and it is hoped that the Unit will continue to grow and involve active membership from members from a wide range of disciplines.

The Unit aims to provide a platform for external speakers to come to UWE in order to present on an aspect of criminal justice and encourage debate and knowledge transfer 5 and exchange. Unit events over the past 12 months have included two which related to human trafficking, and a forthcoming event focuses on the prison system. It is anticipated that more events, and more diverse events will be run through/with the Unit, as members are periodically asked whether they would like run an event or invite a guest speaker to the University.

Events Half-day event: “Current Issues in Human Trafficking” (December 2014) Our speakers at this event, Bernie Gravett and Andrew Desmond, have direct experience in the fight against trafficking and came to UWE to offer unique perspectives on their roles in anti-trafficking with the police.

Guest Speaker: Bernie Gravett (April 2014) Bernie Gravett was invited to UWE to speak about his experiences of combatting human trafficking with the London Met police. Bernie is an ex-Superintendent of the London Metropolitan Police, and led the first Bernie Gravett EU Joint Investigation Team partnered with Romania investigating child trafficking

Advocacy workshop on Violence Against Women (May 2014) On 23 May 2014, CAWN (Central America Women’s Network), based in London, came to UWE to provide a free all-day advocacy and campaigning workshop to up to 20 UWE law students. The theme of the workshop was ‘Promoting Women’s Rights for a Life Free from Violence’. Centre for Legal Research / Annual Report 2013/2014

Consultancy and submissions to official bodies Report compiled by attendees at a conference in Onati, organised by Jackie Jones and Evadne Grant: ‘Human Trafficking: Challenges and Opportunities for the 21st Century: OUTCOMES AND PROPOSALS’.

The following is copied verbatim from the report: “A human trafficking expert workshop took place over a two-day period from 26-27 June 2014 at the Onati International Institute for the Sociology of Law. Experts from across the globe attended to provide insights into different aspects of human trafficking and how it related to the EU experience. Contributions from Canada (capacity building), California (supply chain), Argentina (policies in action), Spain (forced labour), the Balkans (trafficker interviews), the UK (identification of victims; criminalisation of victims) all brought fresh views from the front line as well as research results that fed into a panel with contributions from the EU Commission Anti-Trafficking Office, the EU Fundamental Rights Agency and GRETA. The entire second day was devoted to discussions between participants, divided into two groups to look at the challenges and opportunities for the future. The groups were successful in putting forward recommendations to the

Unit reports EU on two themes: victim protection and possible changes to the EU Anti-Trafficking Directive.”

Funding and fellowships Dr Lauren Devine of UWE Bristol Law School was awarded over £200,000 from the ESRC for an innovative project to rethink key elements of child protection policy. The 18 month project ‘Rethinking child protection strategy: evaluating research findings and numeric data to consider whether current intervention strategy is justified’ was awarded the grant under the second year of the ESRC’s Transformative Research Call. 6 Lauren is the Principal Investigator of transformative research funded by the ESRC for ‘genuinely transformative research at the frontiers of social science’. (grant number ES/M000990/1 for £202,487).

Dr Mary Young and Dr Onita Das: SPUR 6 for 2014/2015 funding for project on ‘Tracing the proceeds of environmental crime: case study of lower Mekong sub-region’.

Ed Cape: An empirical research project funded by the European Commission on ‘The practice of pre-trial detention: Monitoring alternatives and judicial decision-making’ JUST/2013/JPEN/AG/4533, from 1 June 2014 to 31 May 2016. The project is being conducted jointly with Fair Trials International (who are managing the project) and 9 other international partners.

Jackie Jones, Jessica Elliott and Evadne Grant: SRDF for 2013/2014 funding for ‘Comprehensive training to raise prosecution rates for human trafficking in the EU’ (Approx £10,000, Research ongoing).

Phil Rumney, Rachel Fenton, Duncan McPhee: British Academy funding: ‘Evaluating the Performance of ‘Bluestone’ – the response of a specialist policing unit to allegations of rape’. The aim of the research is to examine the impact of a specialist investigative unit using case file reconstructions/comparisons and interviews with officers working in that unit.

Kieran McCartan and James Hoggett secured a match funded PhD student starting in January 2014. The PhD is half funded by Avon and Somerset Constabulary and half by the Faculty of Health and Social Sciences (UWE). The 3 year studentship will be looking at ‘The impact of predictive analytics on policing practice and effectiveness’.

Onita Das and Mary Young: Successful Lauterpacht Centre for International Law at Cambridge University (LCIL) Research Fellowship, Cambridge University - 2015. Unit reports KE andCPD Unit partnerships, networks andcollaborations, J JonesandEGrant. human traffickers,drawingupon research undertakenaspartoftheSRDFbid,with Jessica ElliottwasinterviewedforaBBCprogramme focusingonprosecution ratesof Brookes UniversityandfundedbytheEU/EC. to humantrafficking,fortheCOMBAT project currently beingundertakenatOxford Jessica Elliotco-wrote aUKCountryReportfocusingonthelawandpolicy relating Briefing; forwhichsheprovides monthlybriefingsontransnationalorganisedcrime. Dr MaryYoung isacontributingintelligenceanalystforthethinktank,Open Crime Symposium2014. on organisedcrime,‘SymToc’ Economic -firstmeetingattheCambridgeInternational Dr MaryYoung isarapporteur/memberofthenewlyestablishedCambridge thinktank Lighthouse. Constabulary toevaluatetheirnewintegratedvictimmanagementprogramme, Kieran andJameshavejustsecured oneyear’s fundingfrom Avon andSomerset policing. ThiswasfundedbytheCollegeofPolicingInnovationandPartnershipFund. James Hoggetthasbeenrunningaseriesofworkshopsaround evidencebased Other/miscellaneous J Elliott,Half-dayevent:Current IssuesinHumanTrafficking (December2014) law, policyandresearch seminar2September2014 andperpetratorsofsexualviolence: P Rumney(withKMcCartanandJElliott),Victims event, 18February2014 andperpetratorsofsexualviolencetraining P Rumney(withKMcCartan),Victims and research updateseminar14January2014 andperpetratorsofsexualviolence:law,P Rumney(withKMcCartan),Victims policy on issuesofsexualoffender riskmanagementandpublicprotection. Leverhulme Trust. Itisdesignedtoengagepractitioners,academicsandpolicymakers Working withSexualoffenders networkfundedbythe Networkisaninternational (K McCartan–PrincipalInvestigator).TheCommunityEngagementandPartnership Community engagementandpartnershipworkingwithsexualoffenders network and specifically, thevictimsandperpetratorsofsexualviolence. support groups, scholarsandstudentswithaninterest inthecriminaljusticeprocess, England (UWEBristol)providing aneducationalresource forprofessionals, charities, criminal justiceprofessionals andagenciesbasedattheUniversityofWest of ResearchThe SexualViolence Network(SVRN)isanetworkofscholars,students, members: DrJessicaElliott,Prof JackieJones,DrDuncanMcPhee, DrRachelFenton): ResearchSexual Violence Network(Founders:PRumney, KMcCartan;otherUnit Centre Legal Research for 2013/2014 /Annual Report 7 Centre for Legal Research / Annual Report 2013/2014

Commercial Law Research Unit Annual Report

Introduction The aim of the Commercial Law Research Unit (CLRU) is to support staff as well as our postgraduate students in their research so that they can produce high quality research outputs, optimize research dissemination, knowledge exchange, and education for an international audience of academics, practitioners, and students.

CLRU organises events to foster a debate on contemporary issues; showcases research outputs by staff; brings in expert speakers to enhance learning and knowledge exchange; and holds multi-disciplinary symposiums and conferences.

The CLRU support various projects and initiatives in and outside of UWE including leadership for the South-west Fraud Forum, Centre for Global Finance, Innovate UK,

Unit reports the Welsh Government.

An important aspect of the CLRU is to bridge the gap between academic law and its practical application. The research interest and activities of the CLRU focus on a wide range of commercial law related activities including corporate social responsibility, energy law, EU Law, employment law, international trade law, banking and finance law, financial regulation, financial crime, cyber law, digital assets law, corporate governance and consumer law.

8 In pursuit of these aims the CLRU has the following objectives: • To produce high quality research to be disseminated to an international audience by means of conference presentation, academic journal output and other forms of output and publication. • To produce knowledge exchange outputs such as consultancy and CPD courses with relevance both to a national and international stakeholder audience, focusing in particular on practical issues within commercial and policy sectors. • To deliver an LLM programme with a growing reputation and which is underpinned by a core of research informed teaching. • To support colleagues, providing them with constructive research environment, and advice on external funding applications, • To provide an active, rigorous and coherent PhD programme, linking this with themes of the CLRU, • To provide logistic and financial support to the CLRU members, • To forge contacts with experts and researchers from other disciplines, and pursue collaborative research and funding opportunities, • To provide visiting academics with the opportunity to contribute to the work of the CLRU and collaborate in its joint research projects and other initiatives.

Events Guest Speaker: Hon. Christopher Gardner QC “Advocacy: Art or Skill?” 19 February 2014, UWE Bristol V Chauhan Bribery Act 2010 & Southeast Asia, UK Ministry of Trade & Investment – UK ASEAN Business Council, 11 April 2014 Unit reports Ho ChiMinhCity, December2015. Vietnam, UWE Commercial LawResearch Conference: UWEalumniandacademicstaff, 18-20 June2015. “Towards InclusiveandSustainableIndustrialDevelopment”,Dr UTurksen, Vienna, Vienna EnergyForum: DevelopmentOffice- United NationsInternational April 2015. about? Balancebetweenthinking,willingandfeelinginlegaleducation”,Glasgow, by DrUTurksen -“Whatisalegaleducationforandwhatdolawstudentscare Commonwealth LawConference:andTeaching Learning workshop Banks”, May2015.Venue TBC Research Chauhan-”IllicitFinancialFlowsandtheCulpabilityof Seminar: Viri April 2015.Venue TBC Guest Lecture: Professor IndiraCarr-“Corruption&Briberyinthe21stCentury”, Australia -AcomparativeCritique”March 2015.Venue TBC Research Seminar: AxelPalmer-“CounteringeconomiccrimeintheUK,USand 18 February2015-2A027 Staff Seminar:DrUmutTurksen -“Research ImpactandStrategy” regulatory structures andresponses”, 3February2015.Venue TBC. 2009? AcomparativeanalysisbetweentheAustralianandUKfinancial Guest Lecture: DrAlisonLui-“Was Australialuckyinthefinancialcrisisof2007- Planned events and theissues”,May2014 aims? UKexperiencetargetingcrimeoverseaswithpartnerstates–theneed,roles Mark Bishop,HeadofOperations-NationalCrimeAgency“Friendswithshared CLRU Facebookpage is asfollows:https://commerciallawhub.wordpress.com/ CLRU studentscreated ablog to discussandhighlightcommercial lawaspects.Thesite Blogs Business SouthWest, approximate funding£18,000(pending) Businesses, LocalEnterprisePartnershipProject -Consultancyworkcommissionedby Dr BallRandChauhanV., 2015 -IPLawComplianceTraining Programme for Netherlands, Criminalmoneyinoffshore banking,750,000 euros. Decisionpending. Project withUniversidadComplutenseMadridinSpainandUtrecht Universityinthe NandTurksenProf Ryder U.,2015-EUFundingApplication for Collaborative White CollarCrime,Total grant£10,000. Dr UTurksen and Prof NRyder, 2013–UWESRDF:TheGlobalFinancialCrisisand Total grant£53,000. KTP withEquasLtd.Theme:Environmental LawComplianceFrameworkintheUK- Dr UTurksen, 2013–KnowledgeTransfer PartnershipGrant–Welsh- Government Total grant£153,000. KTP withEquasLtd.Theme:Environmental LawComplianceFrameworkintheUAE- Dr UTurksen, 2014-KnowledgeTransfer PartnershipGrant–Welsh- Government Funding andfundingapplications Centre Legal Research for 2013/2014 /Annual Report 9 Centre for Legal Research / Annual Report 2013/2014

Editorial and reviewer roles Ryder, N, Associate editor Financial Regulation International Ryder, N, Editorial consultant The Criminal Law News Ryder, N, Editorial consultant Current Criminal Law Ryder, N, Editorial consultant Business and Management Research Ryder, N, Lloyd’s Law Reports Financial Crime (2013-2014) Ryder, N, Series Editor ‘The Law Relating to Financial Crime’ for Routledge Cavendish (since 2013) Ryder, N, Co-Series Editor ‘Risky Groups and Control’ for Palgrave MacMillan (since 2013) Ryder, N, Reviewer, Journal of Business Law Ryder, N, Reviewer, Journal of Law and Society Ryder, N, Reviewer, Journal of Banking Regulation Ryder, N, Reviewer, The British Accounting Review Ryder, N, Reviewer, University of New South Wales Law Journal Ryder, N, Reviewer, Review of Central and East European Law

Unit reports Ryder, N, Reviewer, The African Journal of International and Comparative Law Ryder, N, Reviewer, Edward Elgar Press Ltd Ryder, N, Reviewer, Routledge Cavendish Ryder, N, Reviewer, Oxford University Press Ryder, N, Reviewer , Cambridge University Press Ryder, N, Reviewer , Ashgate Press Ryder, N, Reviewer , Pearson Press Ryder, N, Reviewer, Business and Management Research Turksen, U, Reviewer – Journal of Commonwealth Law and Legal Education 10 Turksen, U, Reviewer - Information and Communications Technology Law Turksen, U, Reviewer – Caribbean Dialogue (SALISES) Turksen, U, Book Reviewer – Oxford University Press Turksen, U, Book Reviewer – Cambridge University Press Turksen, U, Book Reviewer – Routledge Member of the editorial board for Journal of International Trade Law

Unit partnerships, networks and collaborations Centre for Global Finance, FBL UWE Southwest Fraud Forum Commonwealth Legal Education Association CYBERLAWS LSPI

Other achievements Axel Palmer successfully defended his PhD thesis and will be awarded his doctorate subject to minor corrections. Mary Young has secured a place as a visiting fellow at Cambridge University’s Lauterpacht Centre for International Law. Prof N Ryder examined a PhD at Bangor University (December, 2014) Prof N Ryder examined two PhDs at Liverpool University (2013 and 2014) Prof N Ryder examined a PhD at University of the Western Cape, South Africa, (2014) Prof N Ryder examined a PhD at Northumbria University (2014) Prof N Ryder examined a PhD at Leeds University (2014) Dr U Turksen examined a PhD at the University of Bangor on 04 December 2014. E Blanco examined a PhD at UWE January 2015 Centre for Legal Research / Annual Report 2013/2014

Environment Law Unit Annual Report

Introduction The Unit membership consists of academic lawyers whose research covers a wide variety of specialist environmental law subject areas. Much emphasis during the year under review was placed on finalising outputs for REF 2014. Six members were returned, five in the Law UOA (Blanco, Das, Grant, Pontin, Razzaque) and one in the Built Environment UOA (Appleby). Members represented the Unit and the Law School at a number of prestigious external events, nationally and internationally. The growing esteem of the membership is illustrated by two new appointments to the boards of specialist law journals, one to the Journal of Environmental Law and another to Journal of Water Law. Overall, members at the end of the academic year were represented on the boards of Journal of Environmental Law (Razzaque and Pontin), Journal of Water Law (Appleby) Journal of Human Rights and the Environment (Grant) and Environmental Law and Management (Pontin). It is telling of UWE’s strength in depth in this field that it is the only Law School to have two members of the Journal of Unit reports Environmental Law – OUP’s world leading specialist law journal.

Grant’s Fracking, Human Rights and the Environment Project Evadne Grant co-authored a report entitled the A Human Rights Assessment of Hydraulic Fracking, written over the Summer of 2014 and launched outside of the review period at the School of Advanced Study, London (in November 2014) https:// www.youtube.com/watch?v=4RGvgnVwm18. The Report was commissioned by the Bianca Jagger Human Rights Foundation. For an overview, see Mapping Environmental Justice, at http://www.ejolt.org/2014/12/205-uk-citizens-groups-deliver-letter-camer- on-calling-moratorium-fracking/. 11

Pontin’s Nuisance Law – Scholarship with Impact Ben Pontin’s book, Nuisance Law and Environmental Protection: A Study of Injunctions in Practice (2013) was favourably cited in the Supreme Court by Lord Carnwath (in Coventry v Lawrence), and by Carnwath extra-curially in a speech entitled ‘Judges in the Common Law World’ published at https://www.supremecourt.uk/docs/ speech-131119.pdf. The book was also cited by Counsel in Bodo People v Shell Nigeria and in Manchester Ship Canal v United Utilities. The book was reviewed at length, and positively, by Professor Maria Lee in Modern Law Review and Dr Patrick Bishop in Journal of Environmental Law.

External Funding – Environmental Justice in Palestine Pontin and two post doc researchers (Vito de Lucia of Tromso Law School and Jesus Gameros, of Madrid University, obtained a grant of £15,000 from Heinrich Boll Foundation and Al Haq to research environmental injustice in Occupied Palestinian Territory. This covered fieldwork in May 2014 and outside of the review period (November 2014). It is part of an ongoing research project expected to last throughout much of the forthcoming REF census period.

Lieber Prize Nomination – Onita Das In March 2014 Onita Das was nominated for the Francis Lieber Prize for her book Environmental Protection, Security And Armed Conflict: A Sustainable Development Perspective (2013). Das is rapidly establishing an excellent reputation as an up and coming environmental law academic, and this accolade promises much for the future. The book was among the strongest of outputs submitted by members to the Law REF 2014. Centre for Legal Research / Annual Report 2013/2014

Appleby’s Marine Law and Policy Research and Advocacy Tom is the Unit’s most specialist member, in the sense that he is the world leading specialist in UK marine ecology law. All his research is focused on this topic, and it is not confined to writing academic works and submitting reports. He is also engaged in journalism, appearing in and producing videos in his field. His work has a significant impact, and he figured as an impact case study in UWE’s Built Environment REF return.

Student Engagement in Bodo v Shell Case First year student Louise Wayham took the opportunity of shadowing Justine Thornton, counsel for the claimants in the Bodo v Shell Case at the High Court in April 2014: “It was amazing. What an incredible and inspirational woman. She was very kind to me, taking lots of time to explain proceedings as they were going on. I heard Shell’s lawyer cross-examine Justine’s Nigerian witness, the judge asked a lot of questions (which helped me keep up), I found out what ‘hot-tubbing’ means, got winked at by the Nigerian judge’s assistant (who looked no older than 12), and bonded with Justine during the break over the childcare woes of working mothers with very young children.”

Unit reports This builds on a tradition of students helping with cases, dating back to the Unit managing the Environmental Law Foundation case work.

Events Session on Renewable Energy and Sustainable Development (Socio-Legal Studies Association Conference, Aberdeen, April 2014). This seminar examined the challenges of the use of renewable energy. Renewable energy is attractive, particularly to developing countries, as it allows access to energy 12 and promotes energy security. On the other hand, inadequately regulated renewable energy, such as biofules, can produce wide-ranging problems. The session examined the legal and policy challenges that all countries face with regard to renewable energy and regulations that govern renewable energy in both developed and developing countries in a sustainable manner. Organised by Professor Jona Razzaque, FBL. Centre for Legal Research / Annual Report 2013/2014

Family, Gender and Equality Unit Annual Report

Events Rashida Manjoo UN Special Rapporteur for Violence Against Women gave a talk on her role and work for the UN

Internal talks to the Unit members were given by Dr Lauren Devine, on her child protection research and Melanie Fraser, on the process of gaining University ethical approval.

The Women Law Students Forum which is affiliated to the FGEU has hosted several events this year. Zoe Lodrick gave a talk on her work as a sexual trauma specialist, the Forum hosted Rashida Manjoo in their lecture, and Sue Mountstevens, Police and Crime Commissioner, gave her First Anniversary Lecture. Pupils from City Academy

Unit reports came and gave their lesson on FGM to UWE staff and students and the Forum held a joint event with the Women Business Students Forum on the effects of austerity on women.

Funding The Unit has had a very successful year in bringing in funding for research. Lauren Devine is P.I. for ESRC ‘genuinely transformative research at the frontiers of social science’ bid for £202,487 for her work on ‘Rethinking child protection strategy’. Rachel Fenton is P.I. on a Public Health England funded project (£10k) to develop a 13 Bystander Intervention Programme for Universities, with a further grant of £25k from Public Health England being awarded for the evaluation along with match funding from the Vice Chancellor’s Executive and FBL. Lauren Devine is also co-investigator on another internally funded project which is a collaboration with the forensic science dept and Avon and Somerset Police. Rachel Fenton is co-I on a successful British Academy bid for £10k for a pilot evaluation of Bluestone specialist rape investigation team at Avon and Somerset Constabulary.

Several members of the Unit were successful in securing SRDF funding. Jessica Elliott and Jackie Jones (with Evadne Grant?) won a bid to do work on human trafficking and Rachel Fenton (with Kieran McCartan, Phil Rumney and Jackie Jones) won a bid to do research into sexual violence education in schools.

Esteem factors Rachel Fenton was a visiting scholar at Emory University, Atlanta in September 2013.

Rachel Fenton sits on the Bristol Women’s Commission Task Group for Safety and the Bristol Domestic and Sexual Abuse Strategy Group. Centre for Legal Research / Annual Report 2013/2014

International Law and Human Rights Unit Annual Report

Introduction Since the International Law and Human Rights Unit decided to expand beyond the remit of the Department of Law and include staff members from the Faculty of Health and Applied Sciences, a clear trend in interdisciplinary and cross-disciplinary research has been set. This is well illustrated by the organisation of a workshop that looked at conflict resolution from an international law and international affairs perspectives. The Unit also plans to hold a discussion on human rights, nationality, statelessness and citizenship that will be led by staff members from law and politics, and a presentation on the Arms Trade Treaty by a recent LLM graduate.

First and foremost, the aim of the Unit is to support staff in their research by provid- ing them with a platform to share with staff and students their (preliminary) research

Unit reports results. This year Dr Aida Abzhaparova took the opportunity to present the result of interviews carried out in Kazakhstan on the topic of the Muslim veil and women’s identity in Kazakhstan. It also strives to give potential researchers the possibility to share their work with others. Ms Maryam Abdullah, former UWE student, presented with her supervisor Dr Aida Abzhaparova the key points of her dissertation on female genital mutilation.

The Unit also organises events to foster a debate on contemporary issues. In this light Richard Edwards and Dr Simon Thompson engaged with an audience of over 30 14 participants in a discussion on how free should free speech be. Prof Michael Schmitt from the US Naval War College presented the latest developments on the regulation of cyberwarfare by international humanitarian law.

The Unit also continues to support various projects and initiatives, such as the Global Network for the Study of Human Rights and the Environment (GNHRE) whose Deputy Director, Prof Louis Kotze, came to UWE to hold a Distinguished Professorial Address and Euro Rights, a blog and twitter account managed by Dr Noëlle Quénivet and Richard Edwards (University of Exeter).

Events Distinguished professorial address, Professor Rashida Manjoo, “State responsibility for violence against women”, 30 October 2013, UWE This Address, which was organised by Prof Jackie Jones, considered the current normative framework relating to the protection of women under international law. Summary: After briefly outlining the current legal framework relating to the protection of women under international law Prof Manjoo provided a number of examples where such framework fails to protect women adequately. Therefore, she stressed that the principle of due diligence is so far one of the best tools that can be used to comply States to prevent, prohibit and punish violence against women. Professor Rashida Manjoo Speaker’s Biography: Prof Rashida Manjoo has served as United Nations Special Rapporteur on Violence against Women, its Causes and Consequences since 2009 and is in her second term of office. She is also Professor at the University of Cape Town, South Africa. Centre for Legal Research / Annual Report 2013/2014

Panel discussion, “International legal gaps in the protection of women from violence”, 5 November 2013, London This panel was convened by Prof Jackie Jones in order to generate a fruitful discussion on the legal gaps in the protection of women from violence as well as consider the possibility of drafting a universal convention against violence against women. Summary: The Panel discussed the gaps that currently exist in the international legal framework to protect women from violence and why it is important to fill these gaps and how. The session also examined the Council of Europe’s Istanbul Convention on violence against women. The Panel was chaired by Prof Jackie Jones, Secretary- Professor Jackie Jones General of the European Women Lawyer’s Association and Chair of the Wales Assembly of Women. A summary of the panel is available on the IntLawGrrls blog. Speakers’ Biographies: Ms Manjoo has served as United Nations Special Rapporteur on Violence against Women, its Causes and Consequences since 2009 and is in her second term of office. Ms Marai Larasi is Co-Chair of the EVAW Campaign and the Executive Director of Imkaan. Ms Renée Römkens is Director of National Institute on Gender Equality, The Netherlands and Women’s History and Legal Advisor to the Council of Europe Istanbul Convention. Ms Lisa Shannon us a Fellow at the Carr Centre, Harvard University, US. Ms Helen Griffiths is a PhD candidate at Cardiff University, UK and is researching the due diligence standard and state responsibility for preventing violence against women.

Guest speaker, Solon Solomon: “Sky-skating International Law: Is there a 15 stratosphere?”, 13 FEBRUARY 2014, UWE This talk was organised as part of the UWE Bristol Centre for Legal Research (CLR) Forum. Summary: International law is perceived as the means par excellence of bestowing peace and security in the international community. According to this perception, all that is needed is for international law to be respected, for rights to be exercised and for duties to be imposed. Yet, maybe it is not so simple. Maybe international law is not just the application of some legal rules to the circumstances, but also the application of the circumstances upon international law. Tracing examples from the right to self-determination and the use of force to cases of post-conflict arrangements, the seminar will sketch how states feel inherently constrained to adjust their actions and the legal possibilities conferred by international law to the exigencies of the international landscape. Consequently, the practical impact of international law’s inherent limits will be discussed as far as global stability and international constitutionalism are concerned. Speaker’s Biography: Solon Solomon is a PhD Candidate at the Dickson Poon School of Law, King’s College London, UK. He has extensively published in the field of international law and his latest edited book focuses on the judicial interpretation of international humanitarian law. Centre for Legal Research / Annual Report 2013/2014

Debate, Richard Edwards and Simon Thompson: “Free speech versus hate speech”, 19 February 2014, UWE The Unit organised a well-attended debate on how free ‘free speech’ should be. Summary: Considering two opposing views, the aim of this exercise carried out by Dr Simon Thompson and Richard Edwards was to assess the merits of arguments put forward in favour and against the regulation of free speech in a democratic society. At the very heart of the issue are the consequences of the speech. Espousing a philosophical approach, Dr Simon Thompson started the debate by making the case for hate speech regulation. In contrast, Richard Edwards, drawing upon examples in the US and comparing the UK and US approach to free speech, argued that individuals should be allowed to express their views short of inciting violence.

Unit reports Distinguished professorial address, Professor Michael Schmitt, “The Law of Cyber Conflict: Quo Vadis”, 28 February 2014, UWE This Address considered the state of the international law norms governing cyber warfare. The Address was preceded by a workshop on contemporary issues in international humanitarian law attended by Prof Susan Breau (University of Reading), Dr Christine Byron (Cardiff University), Dr Onita Das, Dr Noëlle Quénivet, Dr Aurel Sari (University of Exeter), Prof Michael Schmitt (Naval War College) and Dr David Turns (Cranfield University). Summary: As cyber warfare capabilities develop and societies become increasingly 16 wired, the question is whether the contemporary jus ad bellum and jus in bello norms are fit for purposes. Are such norms likely to survive intact? If not, how might they evolve? The Tallinn Manual is a reaction of the legal community to the cyber-attacks in Estonia in 2007 and Georgia in 2008 as it aims to explain how and which norms of international law are applicable in cyber warfare. Speaker’s Biography: Michael Schmitt is the Charles H. Stockton Professor and Chairman of the International Law Department at the United States Naval War College. He is also Professor of Public International Law at the University of Exeter and Senior Fellow at the NATO Cooperative Cyber Defence Centre of Excellence. Prof Schmitt directed the international experts process that led to production of the Tallinn Manual on the International Law Applicable to Cyber Warfare.

Talk, Kelly Staples: “The “NEW” Politics of Expulsion: A Constitutive Approach”, 12 March 2014, UWE This talk was organised by the Politics and International Relations Programme (HAS) at UWE and supported by the Unit. Summary: In this talk, Dr Staples explored the relationship between inter-state cooperation and individual rights, challenging the common-sense assumption that the former tends to enhance the latter. She tested out the counter-claim that cooperation between states, and the entrenchment of international norms, are frequently at the expense of individual rights. She analysed the institutionalisation of European cooperation on the return and readmission of migrants in order to explore the relationship between rights, sovereignty, and international relations. Speaker’s Biography: Dr Kelly Staples, Department of Politics and International Relations, University of Leicester. Centre for Legal Research / Annual Report 2013/2014

Consultancy and submissions to official bodies As a member of the GNHRE Evadné Grant contributed to the 2014 report commissioned by the Bianca Jagger Human Rights Foundation on the implications of fracking for human rights. Anna Grear, external member of the Unit, was also one of the authors of the report. On 30 October 2014 the report was launched at the School of Advanced Studies in London and on 26 November 2014 delivered to 10 Downing Street.

Submission of Euro Rights to the Extradition Law Committee of the House of Lords, 15 October 2014 (Dr Noëlle Quénivet and Richard Edwards). Ms Rashida Manjoo, United Nations Special Rapporteur on Violence against Women, its Causes and Consequences, has on numerous occasions stressed that the current normative framework relating to the protection of women is deficient and

Unit reports called for a separate treaty against violence against women. It is in this light that an expert meeting was convened in London on 23 September 2014 to discuss the drafting of an international convention against violence against women. Prof Jackie Jones and Dr Noëlle Quénivet participated in the workshop. This workshop is part of Prof Jones’ work to improve the protection offered by legal national and international instruments to women. A summary of the results of the meeting as well as the draft convention will be appended to the UN Special Rapporteur’s next report.

Submission of Euro Rights to the Council of Europe - Information, Proposals and Views on the Longer-Term Future of the System of the ECHR and the ECtHR, 27 January 2014 17 (Dr Noëlle Quénivet and Richard Edwards). Cited in Steering Committee for Human Rights, Committee of Experts on the Reform of the Court, Thematic Overview of the Results of the ‘Open Call for Contributions’, GT-GDR-F(2014)003, 12 March 2014.

Funding and funding applications Dr Noëlle Quénivet and Dr Aurel Sari (University of Exeter) have been awarded a small grant from the British Academy for the project Clearing the Fog of Law: Impact of International Human Rights Law on the British Armed Forces which aims to develop a better understanding of the challenges posed by international human rights law and its real and perceived impact on military operations. A workshop gathering experts drawn from academia, legal practice, the armed forces and government will be held on 6 February 2015 at UWE.

Guest lectures and training held by unit members Phil Cole, ‘Freedom of Movement and State Sovereignty’. Guest Lecture at the International Seminar on Freedom of Movement: Towards a Critical and Prospective Approach to Migration policies, December 2014, Brussels, Belgium. Dr Noëlle Quénivet has been involved in the Core Course in Humanitarian Law and Policies and the Thematic Workshop on Protection of Children and Protection of Women in Armed Conflict run by Professionals in Humanitarian Assistance and Protection in Senegal (April-May 2014). About 15 humanitarian workers from a variety of international organisations and NGOs attended the course. Dr Quénivet also assisted PHAP in drawing the programme, gathering materials for the participants and finding speakers, including Dr Christine Byron from Cardiff University, UK and Dr Daniela Nadj from Queen Mary University of London, UK. Centre for Legal Research / Annual Report 2013/2014

Evadné Grant is Co-Editor of the Journal of Human Rights and the Environment that was founded by Anna Grear, former Head of the International Law and Human Rights Unit and now External Member of the Unit as a Reader in Law at Cardiff University, UK.

Unit partnerships, networks and collaborations Global Network for the Study of Human Rights and the Environment The Global Network for the Study of Human Rights and the Environment (GNHRE) was recently described by Prof Louis Kotzé (North-West University, South Africa) (GNHRE Deputy Director) as ‘the largest network of human rights and environmental law scholars in the world’. The network, established in 2010 by its current Director, Anna Grear (Cardiff University, UK, and an external member of the Unit) brings together some of the most senior and exciting thinkers in the field to work on re-imagining the relationship between human beings and the environment. The GNHRE hosts the largest online research repository in the world dedicated to human rights and the environment. The GNHRE facilitates a range of high quality events and publications (including the GNHRE Symposium 2014 held in Taragona, Spain). The project is directly linked to the Journal of Human Rights and the Unit reports Environment. The GNHRE also works in collaboration with other institutions and bodies and has recently submitted re report commissioned by the Bianca Jagger Human Rights Foundation on the implications of fracking for human rights. At UWE, the GNHRE core team is represented by Evadné Grant (also an Assistant Editor of the Journal of Human Rights and the Environment); Dr Onita Das (GNHRE Research Officer); Tim Blackman (GNHRE Technical Manager) and Dr Svetlana Cicmil (GNHRE Core Team member).

18 Euro Rights The Euro Rights Blog started as a Twitter account (@eurorights with over 9,000 followers) combined with a blog dealing with human rights issues in the European context. The twitter account which is maintained by Richard Edwards (University of Exeter) and Dr Noëlle Quénivet (UWE) provides up-to-date information on the protection of human rights whilst the blog analyses case-law of the European Court of Human Rights and UK courts or comments on events that impact on human rights in Europe. The Euro Rights Blog also takes the opportunity, whenever suitable, to submit its proposals and comments to relevant institutions (e.g. Council of Europe, House of Commons). The Society of Legal Scholars is funding £2,500 towards running a project on preventing the misreporting of human rights issues in Europe by the British press. A workshop, organised by inter alia Dr Noëlle Quénivet, was held at the Representation of the European Commission in the UK on 3 December 2014. It gathered barristers, solicitors, academics, bloggers, etc. Amongst the participants were Prof Jackie Jones, Cliff Gow (former LLB student at UWE who is working as a Research Assistant for Euro Rights) and Sobia Khushnood (former LLM sudent at UWE). Euro Rights is in the process of creating an online human rights law database which will provide a publicly accessible source of information that will at least in part counter the misrepresentation of human rights law in the United Kingdom. Topics include the difference between social assistance and social security, family reunion rules, deportation/extradition, judicial review and prisoners’ voting. Euro Rights is also currently assessing the feasibility of the proposals formulated by the working groups of the 3 December 2014 seminar.

Visiting fellowship Phil Cole is Visiting Professor in Applied Philosophy, Social Ethics Research Group, University of South Wales, UK since July 2011. Centre for Legal Research / Annual Report 2013/2014

List of unit members’ networks and collaboration Internal to UWE Childhood Studies Research Group (Dr Noëlle Quénivet): The purpose of the network is to create an inter-disciplinary network of academics researching on the subject of childhood. Sexual Violence Research Network (Dr Jessica Elliott, Prof Jackie Jones, Dr Noëlle Quénivet): The network provides an educational resource for professionals, charities, support groups, scholars and students with an interest in the criminal justice process, and specifically, the victims and perpetrators of sexual violence.

External to UWE Global Network for the Study of Human Rights and the Environment (Evadné Grant, Dr Onita Das, Anna Grear): see above. Research Network on Sexual Violence in Armed Conflict (Dr Noëlle Quénivet): The purpose of the network is to provide academics working in the field of sexual violence in armed conflict with opportunities to teach (e.g. training courses for humanitarian

Unit reports workers in Senegal), present (at e.g. Military Law Society or the American Society of International Law) or publish (in e.g. edited book on girl child soldiers) their work. Toxic Remnants of War Project, Informal Legal Working Group, Manchester, UK (Dr Onita Das)

Blogs P Cole, ‘Drowning Migrants Is not the Answer’; E-International Relations, 29 October 2014. N Quénivet, ‘UK’s Dirty Laundry Still Spinning at Strasbourg’; Euro Rights Blog, 19 2 October 2014. N Quénivet, ‘Victim’s Bill: A British or a European Initiative’; Euro Rights Blog, 15 September 2014. N Quénivet, ‘Germany’s Plans to Deport EU Migrants’; Euro Rights Blog, 3 September 2014. N Quénivet, ‘Trying to Classify the Conflict in Eastern Ukraine’; IntLawGrrls, 28 August 2014. N Quénivet, ‘Between a Rock and a Hard Place: The Parliamentary Assembly of the Council of Europe and Russia’; Euro Rights Blog, 11 April 2014 (cited as further reading in House of Commons Library, Standard Note on Russia and the Council of Europe, SN/IA/6953, 4 August 2014) P Cole, ‘How to Create British Values’; E-International Relations, 18 June 2014. N Quénivet, ‘Nigel Farage’s Proposal to Accept ‘only’ Syrian Christian Refugees in the UK’; Euro Rights Blog, 3 January 2014. N Quénivet, ‘Perincek v Switzerland and the Armenian “Genocide”’; Euro Rights Blog, 29 December 2013. N Quénivet, ‘The Universal Declaration of Human Rights, the Foundation of all our Human Rights’; Euro Rights Blog, 11 December 2013. N Quénivet, ‘Human Rights on the Battlefield’; Euro Rights Blog, 1 November 2013. P Cole, ‘Lampedusa and the “Crisis” of Migration’; E-International Relations, 22 October 2013. P Cole, ‘The Human Rights to Health’; E-International Relations, 15 October 2013. N Quénivet, ‘Diplomatic Protection and the Right of Third-Party to Intervene in Cases before the European Court of Human Rights’; Euro Rights Blog, 10 September 2013. Centre for Legal Research / Annual Report 2013/2014

Centre for Legal Research Publications

Books Chambers-Jones, C. & Hillman, H. (2014) Financial Crime and Gambling in a virtual world, a new frontier in cybercrime. Edward Elgar. Elliott, J. ‘The Role of Consent in Human Trafficking’ - publication expected October 2014 Ball, R. The Legitimacy of The European Union through Legal Rationality: Free Movement of Third Country Nationals (Routledge 2013) 376 pages Ryder, N. Fighting Financial Crime in the Global Economic Crisis: Policy, Trends and Sanctions (Routledge, 2014, 236 pp), with Turksen, U. and Hassler, S. Ryder, N. The Financial Crisis and White Collar Crime: The Perfect Storm? (Edward Elgar, 2014, 323 pp). Ryder, N. The Financial War on Terror: A review of counter-terrorist financing strategies since 2001 (Routledge Cavendish, submitted November 2014) Thompson, S. and Burns, T. (eds), Global Justice and the Politics of Recognition (Palgrave 2013) 232 pages Turksen U., Hassler S. & Ryder N., Fighting Financial Crime in the Global Economic Crisis: Policy, Trends and Sanctions, (Routledge, November, 2014) Chapters in books Cole, P. ‘Beyond Reason: the Philosophy and Politics of Immigration’, (2014) 17(5) Critical Review of Social and Political Philosophy 503-520 (Special Issue: “New Challenges in Immigration Theory: an Overview”, edited by CEG Akakpo and PT Lenard).

20 Das O. and Grant, E. ‘Land Grabbing, Food Security and the Environment: Human Rights Challenges’ in L Westra and M Vilela (eds), The Earth Charter, Ecological Integrity and Social Movements (Earths- can, 2014) 103-116. Fenton R. ’Vulnerability and Assisted Reproduction’ Grant, E ‘Customary Law and Human Rights’ in S Sheeran and N Rodley (eds), Routledge Handbook of International Human Rights Law (Routledge 2013) 303-321. Hillman, H, ‘Are the current laws and potential enforcement measures effective in achieving the accountability of bank directors for their actions, or the actions of the banks they manage? A com- parison of UK and US approaches’, in N.Ryder, , U. Turksen, and S.Hassler, ,(eds.) (2014) FIGHTING FINANCIAL CRIME IN THE GLOBAL ECONOMIC CRISIS: POLICY, TRENDS AND SANCTIONS. ( Rout- ledge,2014). Quénivet, N ‘Applicability Test of Additional Protocol II and Common Article 3 for Crimes in Internal Armed Conflict’ in D Jinks, J Maogoto and S Solomon (eds), Application of International Humanitarian Law in Judicial and Quasi-judicial Bodies (TMC Asser Press, 2014) 31-60. Quénivet, N. ‘The “New Wars” of Children or on Children?: International Humanitarian Law and the “Underaged Combatant”’ in R Barnidge (ed), The Liberal Way of War: Legal Perspectives (Ashgate, 2013) 139-165. Quénivet, N. ‘The Security Council as Global Executive but not Global Legislator: The Case of Child Soldiers’ in V Popovski and T Fraser (eds), The Security Council as Global Legislator (Routledge, 2014) 160-180. Quénivet, N. ‘Transitional and Generational Justice: Children Involved in Armed Conflict’ in N Szablewska and S-D Bachmann (eds), Current Issues in Transitional Justice (Springer Verlag, 2014) 55-81. Ryder, N. The Legal Mechanisms to control Bribery and Corruption. In: Ryder, B. (eds) Research Handbook on International Financial Crimes, Edward Elgar: Cheltenham, forthcoming, 2015. Thompson, S. ‘Honneth, Axel, in JD Wright (ed) International Encyclopedia of the Social and Behavioral Sciences (2nd edn, Elsevier 2014). Centre for Legal Research / Annual Report 2013/2014

Turksen U. ‘Implications of Anti-money Laundering Law for Accountancy in the European Union – A comparative study’ in Turksen U., et al (Eds) Fighting Financial Crime in the Global Economic Crisis: Policy, Trends and Sanctions, (Routledge, November, 2014) Young, M. ‘Child Trafficking and Money Laundering: Common Bedfellows’, in E. Azinge and I. Ifeakandu (eds.), Enforcement of Child Rights Law in Nigeria. (Nigerian Institute of Advanced Legal Studies, Abuja, 2014) Chapter 9. Das, O. and Grant, E. ‘Land grabbing: New challenges for food security and the environment’ nL.We- straand M. Vilela( eds.) The Earth Charter, Ecological Integrity and Social Movements. (2014,UK. Das, O. Environmental protection in armed conflict: filling the gaps with sustainable development’inR. Rayfuse,( ed.) War and the Environment: New Approaches to Protecting the Environment in Relation to Armed Conflict. (UK: Brill, 2014) pp. 129-155. Journal articles ‘Predatory lending and white collar crime: a critical reflection’ (2014) International Company and Commercial Law Review, 25(9), 287-293, with Broomfield, K. Appleby, T. Maximum sustainable yield: from science to practice via the law. In: Communicating Science for Sustainable Practice, University of the West of England, Bristol, 27 to 28 November 2013. Appleby, T. Steadman, D and Hawkins, J. (2014) Minimising unsustainable yield: Ten failing European fisheries. Marine Policy, 48. pp. 192-201. ISSN 0308-597X Appleby, T., Everard, M., Palmer, R. and Simpson, S. (2013) Plenty More Fish in the Sea? A working paper on the legal issues related to fishing beyond maximum sustainable yield: A UK case study. Working Paper. University of the West of England. Chauhan V, Why corruption is not legally defined?, 2014 Financial Regulation International, Issue 17:1. Das, O. and Grant, E. Land grabbing: New challenges for food security and the environment. In: Westra, L. and Vilela, M., eds. (2014) The Earth Charter, Ecological Integrity and Social Movements. 21 1st. UK: Das, O. Environmental protection in armed conflict: filling the gaps with sustainable development. In: Rayfuse, R., ed. (2014) War and the Environment: New Approaches to Protecting the Environment in Relation to Armed Conflict. 1st. UK: Brill, pp. 129-155. ISBN 9789004270640 Grant, E. ‘Customary law and human rights’in S.Sheeran and N. Rodley( eds.) Routledge Handbook on International Human Rights Law. (Routledge, 2013) Hillman H. ‘The carrot or the stick: finding a balance in the regulatory conundrum’ (2013) Financial Regulation International, May, 3-12. Hillman, H. ‘A Drop in the Ocean: Why Record Breaking Fines are Ineffective’(2013) 6(4) Int J of Liabili- ty and Scientific Enquiry 222 Hillman, H. ‘Showing they care, but about what? Does Corporate Social Responsibility Show Compa- nies have a Nice Side or that they are Merely Adapting to Suit their Environment?’ (2013) 6(1/2/3) Int J of Liability and Scientific Enquiry 155 Hillman, H. Hooper C. and Choo, R. ‘Online child exploitation: Challenges and future research directions’ Computer Law & Security Review (full citation will follow when available) Elliott J. ‘Victims or Criminals? The Example of Human Trafficking’ The Illegal Business of Human Trafficking - Maria João Guia [ed]. - Springer, forthcoming November (2014) Palmer, A. ‘The Economic Crime Agency’ (2011) Financial Regulation International, April, 1-3, with Ryder, N. Palmer, A. ‘The Financial Services Authority and the Bribery Act’ (2011/2012) Financial Regulation International, December/January, 13-16, with Ryder, N. Pontin, B, ‘Coventry v Lawrence in the Supreme Court: Revisiting the Question of Prevention or Payment’ (2014) Environmental Law and Management 209 Pontin, B. (2013) Nuisance law and environmental protection : A study of nuisance injunctions in practice. UK: Lawtext Publishing Ltd. ISBN 978-0-09539403-5-6 Centre for Legal Research / Annual Report 2013/2014

Pontin, B. ‘Private Nuisance Law in the balance’, submitted for publication in Journal of Environmental Law. [submitted in August 2014, subsequently accepted] Pontin, B. Book review: The River Pollution Dilemma in Victorian Britain. (2014) Journal of Legal History, 35 (3). pp. 321-325. ISSN 0144-0365 Pontin, B. Environmental law making public opinion in Victorian Britain: The cross-currents of Bentham’s and Coleridge’s ideas’ (2014) Oxford Journal of Legal Studies, 34 (4). pp. 759-790. ISSN 0143-6503 Pontin, B. Nuisance law, regulation and the invention of clean technology. Submitted for publication in Brownsword et al eds. (2015) Oxford Handbook on Law and the Regulation of Technology. Oxford: Oxford University Press [submitted in July, subsequently accepted] Pontin, B., de Lucia, V. and Gameros, J. and Al Haq, Heinrich Boll Foundation, Environmental injustice in occupied Palestinian territory. [Submitted for Jointly Al Haq and Heinrich Boll Foundation, Ramallah Palestine] Razzaque, J. (2013) Corporate responsibility in tackling environmental harm: Lost in the regulatory maze? Australiasian Journal of Natural Resources Law and Policy, 16 (2). pp. 197-231. ISSN 1320- 5323 Razzaque, J. and Kleingeld, E. (2014) Integrated water resource management, public participation and the ‘Rainbow Nation’. African Journal of Legal Studies, 6 (2-3). pp. 213-247. ISSN 2210-9730 Ryder, N. ‘FHR European Ventures LLP v Cedar Capital Partners LLC’ (2014) Lloyds Law Report, Financial Crime, part 9, 628. Ryder, N. ‘The global financial crisis and mortgage fraud – the untold story’ (2014) Financial Regulation International, July/August, 14-16. Ryder, N. ‘The good, the bad and the ugly’ (2014) Criminal Lawyer, 221, 5-6. Ryder, N. ‘United States of America ex Rel Harry Barko v Halliburton Company Et al, and Rawlinson and Hunter Trustees Sa and Others v Akers and Another’ (2014) Lloyds Law Report, International 22 Section, 457-459. Ryder, N. Company and commercial Law Review, 25(9), 287-293, with Broomfield, K. Thompson, S ‘On Claims of Culture and Duties of Recognition in Democratic States’ [2013] Critical Review of International Social and Political Philosophy Thompson, S ‘Where’s the Harm in Hate Speech?’, (2014) 13(1) Contemporary Political Theory 100-110. Turksen U and Holder R., Fairness and equality tend to be in the eye of the beholder, especially when commercial interests are at stake’: contemporary problems with the GATS and Internet Gambling, Journal of World Trade, (2015) 49(3), (forthcoming June 2015) Turksen U., ‘Euro-vision of Energy Trade with Russia: Current problems and future prospects for EU solidarity in energy trade’, Oil, Gas and Energy Law, Vol. 12, Issue 4, (October 2014) Young, M. 2014 Dirty Money in Jamaica, Journal of Money Laundering Control, 17:3 http://www.emeraldinsight.com/journals.htm?articleid=17113450&show=html

Conference and seminar papers Appleby T, Solandt, J.-L., Luk, S., Gregson, S., Moore, M (2014) A new approach to delivering fisheries management in English European marine sites. In: International Marine Conservation Congress 2014, University of Glasgow, 14 - 18 August 2014. Appleby, T. and Croce, B. (2014) Time and Tide. [Video] Appleby, T. and Croce, B. (2014) Time and Tide. In: International Marine Conservation Congress 2014, University of Glasgow, 14 - 18 August 2014. Appleby, T. and ECEHH (2014) Oceans and Health Conference. [Video] Appleby, T., Everard, M. and Simpson, S. (2014) Law and science in conflict: The resurrection of maximum sustainable yield. In: Marine and Coastal Policy Forum 2014, University of Plymouth, 18 - 20 June 2014. Centre for Legal Research / Annual Report 2013/2014

Appleby, T., Everard, M. and Simpson, S. (2014) Maximum sustainable yield? Fish, fishers and people. In: Oceans and Human Health Conference, Bedruthan, 20 - 21 March 2014. Blanco E., ‘Addressing Bribery and Corruption in Natural Resources Trade’ Workshop on International Law, Natural Resources and Sustainable Development, University of Warwick 12-13 September 2013 Blanco, E, ‘Reconfiguring the Relationship between Peoples, Communities and Eco-systems, Corporations and States in the Context of Energy Production – In Search of the Energy Production Philosophers’ Stone, IUCN Conference, Tarragona 30 June-5 July 2014 Cole, P. ‘Beyond Reason: The Philosophy and Politics of Immigration’, Conference paper presented at Institute for Research into Superdiversity, Social Ethics Research Group, March 2014, University of South Wales, UK. Cole, P. ‘Beyond Reason: The Philosophy and Politics of Immigration’, Institute for Research into Superdiversity, 14 January 2014, University of Birmingham, UK. Cole, P. ‘The Philosophy and Politics of Membership’, Conference paper presented at ‘Statelessness and Transcontinental Migration’, United Nations University – Institute on Globalization, Culture and Mobility, 24-25 July 2014, Barcelona, Spain. Dadomo, C. ‘Remembering Who we Really Are. A Buddhist-based Approach to Human Beings in the Nexus between Human Rights and the Environment’, Conference paper presented at GNHRE Symposium 2014, ‘Reimagining “Humanity” in the Nexus between Human Rights and the Environment’ at the IUCN Academy Colloquium, June-July 2014, Tarragona, Spain (pre-colloquium event). Das, O. ‘Sustainable Development and Environmental Protection in Armed Conflict’, Paper presented at the Toxic Remnants of War (TRW) Network Launch, 2013, Manchester, UK. Das, O. and Kellay, A. ‘Private Security Military Contracts, Toxic Remnants of War and Environmental Protection Post-Conflict’, Conference paper presented at ‘Peacebuilding and Environmental Damage in Contemporary Jus Post Bellum: Clarifying Norms, Principles and Practices’, 11-12 June 2014, Peace Palace, The Hague, the Netherlands. 23 Elliott, J. presented ‘Identifying Victims of Human Trafficking: Bringing Down the Barriers’ at a UWE workshop on evidence based policing, held by Kieran McCartan and James Hoggett in 2014 and at a Human Trafficking Conference in Onati, Spain, at the Onati Institute for the Sociology of Law, in June 2014. Fenton, R. presented ‘Vulnerability and Assisted Reproduction’ at Law and Society Annual Conference, Minneapolis, May 2014 Grant,E. ‘International Human Rights Courts and the Environment’, Conference paper presented at GNHRE Symposium 2014, ‘Reimagining “Humanity” in the Nexus between Human Rights and the Environment’ at the IUCN Academy Colloquium, June-July 2014, Tarragona, Spain (pre-colloquium event). Quénivet, N. ‘The Current International Movement on the Prohibition of Child Soldiers’, Seminar paper presented as part of the Seminar Series organised by the Childhood Studies Research Group, 11 June 2014, UWE, UK. Razzaque, J. (2014) Environmental governance in Asia’, Conference paper, Research Institute for Environmental Law, (Wuhan University, China, May 2014) Ryder, N. (2014) Cyber-crime, security and financial crime - what SMEs need to know and how to protect yourself in Partners in Procurement - Supplying the Public Sector, University of the West of England, Bristol, UK, 16 July 2014. Several staff members from the Unit, Dr Jessica Elliott, Evadné Grant and Prof Jackie Jones, as well as Ms Anna Petkovich, a PhD candidate, attended a human trafficking expert workshop took place over a two-day period from 26-27 June 2014 at the Oñati In ternational Institute for the Sociology of Law, Spain. Experts from across the globe attended to provide insights into different aspects of human trafficking and how it related to the European Union experience. Contributions from Canada (capacity building), California (supply chain), Argentina (policies in action), Spain (forced labour), the Balkans (trafficker interviews), the UK (identification of victims; criminalisation of victims) all brought fresh views from the front line as well as research results that fed into a panel with contributions from the Centre for Legal Research / Annual Report 2013/2014

European Commission Anti-Trafficking Office, the EU Fundamental Rights Agency and Council of Europe Group of Experts on Trafficking in Human Beings (GRETA). The entire second day was devoted to discussions between participants, divided into two groups to look at the challenges and opportunities for the future. The groups were successful in putting forward recommendations to the EU on two themes: victim protection and possible changes to the EU Anti-Trafficking Directive. SLSA Banking and finance stream Organised by Dr Clare Chambers-Jones and Dr Mary Young Thompson, S. ‘Epistemic Injustice and Misrecognition’, Conference Paper presented at Understanding Epistemic Injustice, June 2014, University of Bristol, UK. Thompson, S. ‘J S Mill on Collective Harm’, Conference Paper presented at MANCEPT Workshops in Political Theory, September 2013, Manchester, UK. Thompson, S. ‘Noncitizenship and Misrecognition’, Invited paper for symposium on The Right to Citizenship, May 2014, University of Exeter, UK. Thompson, S. ‘Restricting Ourselves and Respecting Others’, Conference Paper presented at Association for Legal and Social Philosophy Annual Conference, July 2014, University of Leeds, UK.

24 Centre for Legal Research / Annual Report 2013/2014

Centre for Legal Research members

Core members Student members Aida Abzhaparova (HAS – HSS) Adam Reuben (FBL – Law) Ben Pontin Amy Man (FBL – Law) Cathy Biggs Axel Palmer Christian Dadomo Henry Hillman Christina Gorzkiewicz Tanzum Prem (FBL – Law) Clare Chambers-Jones Viri Chauhan Dagmar Steffens Eleanor Harries External members Elena Blanco Evadne Grant Adam Finch Jackie Jones (Bevan Brittan Solicitors) Jane Waddell Anna Grear Jessica Elliott (Cardiff University, UK) Jona Razzaque Anthony Couch Karen Moore (Exeter City Council) Kathy Brown Frank Waghorn Lachmi Singh (Chairman of the South West Fraud Maylene Jalleh Forum) Nicholas Ryder Helen Gregory Noëlle Quénivet (RSM Bentley Jennison) Onita Das Phil Cole (HAS – HSS) Hugh Gregory Rachel Thomas (Partner Grant Thornton LLP) 25 Rick Ball Julian Russell Robert Owen (Equas Ltd) Sabine Hassler Paul Reynolds Shilan Shah-Davis (Lloyds TSB) Simon Thompson (HAS – HSS) Richard Edwards Stephen Thacker (University of Exeter, UK) Tim Angell Tom Appleby Terry Greenhow Umut Turksen (RSM Bentley Jennison) Zainab Khan Emma Whewell Sue Heenan Phil Rumney Mary Young Georgina Dance Tom Smith Ed Johnston Centre for Legal Research / Annual Report 2013/2014

Post-Graduate Research case studies

Sobia Khushnood, LLM in International Law The issue of injustice has troubled me from a very young age. Growing up and seeing our country being led into, some may say ‘illegal’ wars, piqued my interest in the issue further, especially seeing the devastating effects of the wars on the civilian population. The notion that civilians were ‘collateral damage’ has never sat well with me, which made me to want to research it further, leading me to choosing my dissertation topic. I chose to research the effects of ‘belligerent occupation’ on a civilian population in two well-known cases (the Palestinian Occupied Territories and the occupation of Iraq by the UK/US), with particular regard to the right to a fair trial and the right to education. I examine whether these rights were respected, protected and fulfilled and, if they were not being fulfilled, what accountability mechanisms were in place and how effective they were. Through my research, I found that there are accountability mechanisms, but the effectiveness of such mechanisms was questionable. Sadly, there was very little redress for any violations.

Providing a thorough analysis of these issues in 15,000 words was no doubt a challenge for me. I found it was very difficult to explore and examine all accountability mechanisms available within the constraints placed upon the dissertation criteria and thus had to focus on some of them. Likewise I feel (and this was noted in the excellent feedback I received) that the word constraints impacted on the depth of my analysis. So many ideas and so few words to develop my arguments! When I started the dissertation I was worried there might not be enough material to work on. I could not have been more wrong! What initially seemed to be an unreachable word limit quickly turned into a formidable constraint and, at times, I wished I had the leisure to 26 write a PhD.

An important feature of writing the dissertation is the supervision process. It plays an imperative role in assisting students in finding a suitable topic, guiding students to keep focussed on the research question and suggesting any helpful research materials pertinent to the question. I found it invaluable as my supervisor, Noelle Quenivet, was very helpful and felt she greatly enhanced my research and the presentation of my results.

Rachael Blunden, LLM in International Law Over the last year I have been researching the phenomenon ‘wombs for rent’ i.e. commercial surrogacy for my dissertation as part of the LLM in International Law. This dissertation involved a critical evaluation of UK couples pursuing commercial surrogacy in India, focussing on the human rights of the Indian surrogate mothers. Whilst undertaking my research I found that it is the restrictive nature of UK legislation (based on archaic public policy) prohibiting commercial surrogacy which results in difficulties for infertile couples within the UK to find potential surrogates without outsourcing. As a result many couples are choosing to travel to India, where the government has created a reproductive tourism industry for economic reasons, to pursue their dreams of parenthood by utilising exploitive Assisted Reproductive Technology Clinics and Indian surrogate mothers. Commercial surrogacy is a controversial subject involving competing interests and my research identifies an ethical divide between a woman’s reproductive rights and the exploitation and commodification of women and children. It is suggested that commercial surrogacy commodifies women and children into objects to sell because of a contract involving payment. This view however fails to consider women who choose to become surrogates by exercising their right to Centre for Legal Research / Annual Report 2013/2014

reproductive autonomy and offering their services when entering this type of employment. The euro-centric portrayals of ‘baby-selling’ does not incorporate the reality of a developing- country setting such as India, consequently it is argued that commercial surrogacy in India should be classed as a new form of labour to reduce the stigmatisation surrounding it and to provide protection for the surrogates. There is no single solution which can be put in place to rectify the failure of the existing legislation to protect these women and balance the competing interests; although research suggests an international convention may be one resolution in addition to States taking responsibility for the consequences of their domestic policies.

The LLM course has helped me progress in numerous ways with the research of my dissertation, fundamentally by teaching and enhancing effective research skills and providing insight into various issues. In particular, the Research Methods module identified the value the socio-legal approach to researching would provide to fulfil the objectives of my dissertation. In addition, other modules, including International Law and Human Rights and Women and Children: Perspectives on Violence and Exploitation provided insights to various human rights issues and contexts which formed the basis for my research. There is a steep learning curve between the LLB and the LLM; as a result my knowledge and research skills have developed exponentially since starting the LLM course. All the teaching staff are extremely helpful and supportive, but in particular, my dissertation supervisor, Shilan Shah-Davis, has been amazing. Throughout the course she has been patient, understanding and there whenever I needed her; without her support and encouragement my research would not have progressed to the level it has and for this I am extremely grateful. 27 Centre for Legal Research Director: Professor Phil Rumney University of the West of England Frenchay Campus Coldharbour Lane Frenchay Bristol BS16 1QY Telephone 0117 32 82899 Facsimile 0117 32 82268 www.uwe.ac.uk