Outstanding Student Representative of the Year

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Congratulations to LLB (Hons) Law student, Danielle Newton, for receiving the title of ‘Outstanding Rep of the Year’ for the Business and Law faculty. We caught up with Danielle about her journey as part of our Student Spotlight 2021.

Why did you want to become a student rep?

“My initial interest came after my first year at the university. Once my confidence grew, I wanted to be a voice for those who went unnoticed, the students who find it difficult to say how they feel and bring to light any issues they are having. I have been that type of student for years and I know exactly how it feels. I knew during a pandemic that the student representative programme could be the perfect asset for getting to know peers and staff alike. I felt the need to still maintain that contact irrespective of all the restrictions we were facing in the world. My hope was to make certain that my faculty’s year felt like a community!

Overall, Student representatives are of significant importance in encompassing the idea of acting on behalf of one body to promote change and success for all.”

What have you gained as a student rep?

“I have developed exceptional communication skills through volunteering as a student representative. The role itself relies on gaining feedback from peers to better establish a reliable working environment. Thus, I actively communicate with staff members and students to be a voice of reason and representation. All of this has been a great topic for conversation in recent interviews.

The most thoroughly rewarding part of the role was being able to make change for my cohort. Whether that be a deadline change, timetable change, teaching addition etc. Any small amount of change would bring with it great satisfaction. Alongside this, the programme gave me the opportunity to speak to various people. I have made many friends despite the virtual restrictions consequently adding to my university experience as a whole.”

What were the challenges you faced over the past year?

“It comes as no surprise that it has been an unprecedented year and with that came many challenges both in and out of university. I found adapting to virtual life hard. Communicating with lots of people in my role but never seeing faces was very strange! I recently came onto campus and have spotted a few of my lecturers who probably wouldn’t know who I am.

The main challenges lied with the shift in academic year dates. This change in schedule was difficult for students to adapt too – myself included. However, it has all been a learning curve and all the students and staff have worked exceptionally hard to try and get the most out of the academic year.”

What have you learnt?

“Foremost what I have learnt from my university experience is the power afforded to those who try hard and persevere to succeed. It may seem a silly concept but, what breaks away from those students who are academically gifted and those who try hard is that university doesn’t discriminate. One of my favourite quotes that I would think about when I competed in Athletics was “all men are created equal, some work harder in pre-season.” This concept is similar for university and you will be recognised for your efforts.

I felt like a slow burner here. I wasn’t academically gifted and I was so shy when walking onto campus for the first time. I had convinced myself I would drop out in the first 5 minutes. But I kept going and once I was ready, I was able to make the most out of my university experience. My advice would be, seize every opportunity given to you, don’t take life too seriously, enjoy the small things and most of all remember – fast success builds your ego but, slow success builds your character.”

Students launch legal directory to help aspiring lawyers

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Lawtask is an online legal directory designed to help future lawyers bridge the gap between leaving university and securing their first positions in their legal careers. Lawtask allows students to gain professional skills and experience, in their pursuit of a legal career. This is achieved through the consolidation of relevant and practical opportunities and resources.

Set up in 2020, Lawtask was founded by Alessia Cucciniello, recent UWE Bristol Law graduate, and Kieran Woodhouse, LPC LLM student at UWE Bristol. Both have ambitions of becoming solicitors and have also been involved with the UWE Bristol Law Society, with Kieran being elected Vice-President.

Formed during the Covid-19 pandemic, Lawtask was a response to the competitive legal sector that students are faced with when leaving University. Alessia and Kieran launched Lawtask to enable law students to stand out through providing knowledge sharing and useful tools to give students a great place to start in the pursuit of their legal careers.

“Our aim was to bridge the gap between graduating university and securing your first legal job. There are plenty of resources out there to choose from, and our aim was to collect them in an easily accessible platform that could help students gain essential skills to stand out.”

Alessia

They explored the concept of virtual learning and discovered the huge variety of MOOCs (Massive Open Online Courses) that applied to legal students. These courses demonstrate transferable skills and a drive to seek personal improvement that employers are truly looking for.

“One thing we realised when searching for these and other relevant experiences, was that there is no single place for law students to discover the opportunities open to them. This then sparked the concept for Lawtask.”

Kieran

The platform is still in its early stages, however, the pair have seen great success so far. The feedback they have received from both students and staff at UWE has been hugely positive and led to consistent audience growth and user interaction.

“Our hope for the future is to be able to grow and provide more opportunities for students. We would like to expand our platform and start offering real work experience that graduates can use on their job applications, in order to truly help them succeed. We are still working on this, but we hope that we will be able to do this very soon.”

Alessia

“My ultimate hope for Lawtask is that it becomes the norm for law students to consider looking outside the traditional scope of experience and learning and that Lawtask can be a place that can guide people to something beneficial for them.”

Kieran

We asked them both for their advice to current students and here’s what they said:

“My advice to current students is to make good use of all the resources and opportunities offered by UWE and engage with the societies. Not only this will enhance your student experience, but it might also give you essential skills that you will carry with you and shape your future career.”

Alessia

“In my personal experience, so many people emphasise their degree being the absolute evidence of their ability to do anything and so often people forget the importance of personal development. With that in mind, my advice would be to take the opportunities that you have available to you either within your subject or elsewhere because now is the time to explore them. Who knows, you may find a whole new career aspiration.”

Kieran

You can visit Lawtask here.

My student representative journey at Bristol Law School

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Blog by Sarah Barnes, Bristol Law School LLB (Hons) recent graduate, as part of the FBL Student Spotlight 2021.

Why I became a representative

I had always wanted to be a representative during my time at UWE Bristol but I felt a bit nervous to do so. However, when I saw the opportunity to become a Law Lead Department Representative I knew I had to apply. I enjoy helping people and I wanted to enable student voices to be heard throughout their time at UWE.

What I gained and learnt

I have learnt so much at UWE, more than I ever would have if I went anywhere else. Firstly, I gained a lot of confidence. I was always a little nervous to speak out for example in lectures, but being in this role I have had to overcome this as I have had to network lots. Luckily I have met lots of friendly and lovely people and such a variety of staff and students across the University.

I also gained team working skills by working with other Lead Department Representatives and staff, and was able to communicate news to them and resolve issues that arose.

On my course, I have learnt so much such as negotiation and mediation. I have also helped to advise real clients through the UWE Bristol Law Clinic. The experiences I have gained have been invaluable.

The challenges I faced

I have faced the challenge of studying from home over the past year. It was a big change from being in the lecture theatres and workshop rooms to being in your bedroom! I overcame this change by ensuring I organised my time, created a suitable study space and also tried to get more involved than I ever did before to ensure that being online did not negatively affect my studies.

The importance of Student Representatives

It is really important to represent students so that they feel that they are being listened to. Furthermore, by having this role, we are the middleman in speaking to lecturers about what students believe is working and what they feel may not be working as well. This role was highly important whilst having blended learning this year as new ways of learning had different levels of effectiveness.

As a Representative, I was able to communicate feedback from students to the staff and helped adapt the module to suit the students’ needs.

My advice

If you are considering becoming a representative, do it! Apply now! Fear can always try to eat you up, but you never know that you may get the role you really want. You have to be determined and resilient to achieve great things. Being a representative has really helped my leadership and team working skills in order to try my best and help the law students at UWE.

The staff here at UWE are always willing to do their best to help you. As a representative, I had meetings weekly with staff and that was truly invaluable. We were able to communicate what was happening on both sides and we would be able to resolve issues much quicker by working together.

Environmental crises in Nigeria and extraterritorial judicial achievements: A wake-up call for Nigerian courts?

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Written by Cleverline T Brown, Doctoral student, member of Environmental Law and Sustainability Research Group.

The decisions of extraterritorial courts have left much to be desired about the efforts of the judiciary at the national level to assert itself in the fight to tackle environmental crises. While access to court has been one of the notable barriers to securing environmental justice in Nigeria, alternative pathways have been established through which litigants find access to courts in furtherance of environmental justice which they would otherwise have been deprived of. One such pathway is the recourse to foreign courts. Nigerian courts can draw some lessons from the stance of foreign courts in dealing with environmental cases.

Notable cases decided in foreign jurisdictions

Three notable cases were decided in the last year that may have possibly marked a turning point in the way environmental cases are resolved. However, the Nigerian courts do not seem to be taking the cue as quickly as they need to, considering the volume of environmental cases pending or likely to be instituted.

Vedanta Resources Plc. and Another (Appellants) v Lungowe and Others (Respondents)

In this case,[1] the UK Supreme Court held that UK courts can assume jurisdiction in certain circumstances, over cases instituted in UK Courts by non-UK citizens against both foreign subsidiaries and the UK parent company in cases of human rights violation outside of the UK.[2] The Appellants vehemently opposed unsuccessfully, the institution of the case in the UK Court on grounds of jurisdiction and their willingness to submit to the jurisdiction of the Zambian Court. The opposition was rejected by the Supreme Court. The court reasoned that a parent company should take responsibility for harms caused by its subsidiaries and affirmed that England is the right jurisdiction to hear the claim because substantial justice is guaranteed where the claimants have access to appropriate legal representation which is unlikely in a Zambian Court.[3]

Okpabi and Others (Appellants) v Royal Dutch Shell Plc and Another (Respondents),

The UK Supreme Court, in this case,[4]held that the polluted Ogale and Bille communities can sue Royal Dutch Shell as a parent company to Shell Petroleum Development Company (SPDC) because it owed the communities a common law duty of care and raised a real and triable issue since it exercised significant control over material aspects of the operations of its subsidiary SPDC in the communities.[5] It is contended that this decision implies that rural communities who have suffered environmental harm due to the activities of multinational corporations can bring an action in the original jurisdiction of their parent companies.

Milieudefensie Voor Veranderaars (Friends of the Earth Netherlands) & Others v Royal Dutch Shell PLC[6]

In this case, Milieudefensie, six other organisations including Greenpeace and over 17,000 co-plaintiffs sued Royal Dutch Shell in an attempt to stop it from causing climate change.[7] The plaintiffs claimed that Shell is breaching its legal duty of care by causing climate change across the globe and undermining the ambition of the Paris Agreement[8] and demanded that Shell must remedy this unlawful situation by aligning its corporate activities and investment decisions with the global climate targets. This case is significant in the sense that it has attempted to force climate action through the court. The reliefs sought by the plaintiffs are first, that as a multinational and worldwide operating company, Shell accepts legal responsibility to amend its corporate strategy and investment decisions and to align them with the global climate change objectives laid down in the Paris Agreement by following the global emission reduction pathway of the IPCC. Second, that Shell immediately starts reducing its CO2 emissions to at least 45% by 2030 relative to 2019 levels, and to net zero in 2050. Only if Shell follows this emission reduction pathway, can it truly contribute to preventing catastrophic climate change. The court ruled in favour of the plaintiffs.

Resorting to extraterritorial jurisdiction: some concerns

While the option to seek access to courts in extraterritorial jurisdictions in environmental cases, guarantees access to appropriate legal representation and substantial justice,[9] it raises some concerns. First, prospective litigants must ensure that all other local remedies have been exhausted before they can approach some foreign courts.[10] While this would have been an opportunity for the national courts to play a stronger role, some of the challenges of the national courts would make this effort almost fruitless; for example, court delays, lack of specialised judges etc.[11]  Second, high cost of litigation in foreign courts and jurisdictional challenges as some courts may not have the power to hear and determine some cases.[12] Third, it is argued that the continuous reliance on this pathway robs the national courts of the opportunity to assert themselves and create lasting judicial precedence and case law.

Is this a wake-up call for the Nigerian courts?

Nigerian courts must take a cue from the stand of foreign courts in environmental cases and give better audience and remedies to victims of environmental harm in Nigeria,[13] especially from foreign court decisions with impact in Nigeria. This will serve to strengthen environmental laws in Nigeria and encourage institutional structures in their implementation functions. The stand of the Nigerian courts can serve to strengthen the law, policy statements and ultimately support the efforts at effective regulation of the environment and petroleum sector operation.

There are some positive signals from the Nigerian judiciary. In the case of Centre for Oil Pollution Watch v Nigerian National Petroleum Corporation (NNPC),[14] the Nigerian Supreme Court removed the locus standi barrier by granting NGOs the right to sue without exhibiting specific injury to them. Prior to this decision, NGOs and third parties lacked the locus standi to sue where sufficient interest was not established.[15]

While this is a step in the right direction, more needs to be done at the national level and examples are plentiful. For instance, the European Commission is finally ready to consider a new law to hold businesses accountable for their impact on people and the planet.[16] These rules on ‘mandatory human rights and environmental due diligence’ would require all companies, from fossil fuel giants and agribusiness to fashion retailers and electronics makers, to establish effective policies to make sure human rights and the environment are not being harmed in their global operations and supply chains.[17] In the Netherlands, Urgenda[18] sued the Dutch government to force them to reduce CO2 emissions in the country.[19] Urgenda succeeded on appeal when the Supreme Court of the Netherlands emphasised the duty of the state to protect its citizens by reducing CO2 emissions as soon as possible.[20] In Germany, it has also been held by the First Senate of the Federal Constitutional Court of Germany that the provision of the Federal Climate Change Act of 2019 is at variance with fundamental rights because they lack specificity for emission reduction beyond 2031.[21] In addition to the Supreme Court decision on locus standi of NGOs and third parties, the Nigerian judiciary could act suo moto and be proactive in contesting legislative provisions or policies of government that are incompatible with fundamental rights. Considering the volume of actions arising from the petroleum sector, the judiciary needs to play a far more important role in ensuring environmental justice.

Conclusion

Local communities are more vulnerable to the negative impacts of environmental decisions of multinational corporations.[22]  Oftentimes, it takes a long time for victims of environmental harm to get relief because of the many obstacles of access to courts and remedies. However, the audience and remedies that prove elusive in Nigerian courts are found in foreign courts. Considering the achievement by foreign courts and the effort of other national courts at holding perpetrators of environmental harm accountable as discussed above, Nigerian courts could use this opportunity to reassert themselves in environmental law cases before it. This is a wake-up call for Nigerian courts to rise to the occasion and improve on their judicial precedents regarding environmental law decisions. Since judicial decisions and statutory interpretations form part of the law, this can further strengthen the environmental legal framework of Nigeria and also solve the problem of access to courts and remedies.


[1] Vedanta Resources Plc and Anor (Appellants) v Lungowe and Others (Respondents) [2019] UKSC 20.

[2] The UK Supreme Court rationale for this decision was that considering some factors such as competence, capacity and integrity of Zambia’s justice system, evidence abounds that the Zambian claimants would almost certainly not get access to justice if the claims were pursued in Zambia.

[3] TV Ho, ‘Vedanta Resources Plc and Another v Lungowe and Others’ (2020) 114(1) The American Journal of International Law 110, 113; PT Sambo, ‘Vedanta Resources PLC and Konkola Copper Mines PLC v Lungowe and Others [2019] UKSC 20′ (2019) 2(2) SAIPAR Case Review 5.

[4] Okpabi and Ors v Royal Dutch Shell Plc and Anor [2021] UKSC 31. On appeal from [2018] EWCA Civ 191.

[5] E Ojeda, ‘Transnational Corporate Liability Litigation and Access to Environmental Justice: The Vedanta v Lungowe Case’ (2021) 6(3) LSE Law Review 223, 224.

[6] Milieudefensie Voor Veranderaars (Friends of the Earth Netherlands) & Ors v royal Dutch Shell PLC ECLI:NL:RBDHA:2021:5339.

[7] ‘Milieudefensie et al v Royal Dutch Shell PLC’ (2021) <https://climate-laws.org/geographies/netherlands/litigation_cases/milieudefensie-et-al-v-royal-dutch-shell-plc> accessed 9 June 2021.

[8] Milieudefensie, Friends of the Earth Netherlands. ‘Notice Letter Shell’ (2021) <https://en.milieudefensie.nl/news/noticeletter-shell.pdf> accessed 26 May 2021.

[9] See Vedanta Resources Plc and Anor v Lungowe and Others [2019} UKSC 20; Okpabi and Ors v Royal Dutch Shell Plc and Anor [2021] UKSC 31. On appeal from [2018] EWCA Civ 191; Milieudefensie Voor Veranderaars (Friends of the Earth Netherlands) & Ors v royal Dutch Shell PLC ECLI:NL:RBDHA:2021:5339.

[10] Article 50 of the African Charter on Human and Peoples’ Rights.

[11] These challenges usually negatively impact the justice delivery in such cases.

[12] Ojeda (n 5) 224; S Varvastian and F Kalunga, ‘Transnational Corporate Liability for Environmental Damage and Climate Change: Reassessing Access to Justice after Vedanta v Lungowe‘ (2020) 9(2) Transnational Environmental Law 323, 330; EO Popoola, ‘Moving the Battlefields: Foreign Jurisdictions and Environmental Justice in Nigeria’ <https://items.ssrc.org/…environments/moving-the-battlefields-foreign-jurisd…> accessed 19 August 2019; Socio-Economic Rights and Accountability Project (SERAP) v. Nigeria, ECW/CCJ/APP/08/09; RULING No: ECW/CCJ/APP/07/10.

[13] As exhibited in the three landmark judgments outlined in this writing.

[14]  (2019) 5 NWLR (Pt.1666) 518.

[15] See Oronto Douglas v Shell Petroleum Development Company Limited & Ors (1998) LPELR-CA/L/143/97 Law Pavilion Electronic Law Report- Court of Appeal.

[16] S Kotanidis, ‘Parliament’s Right of Legislative Initiative’ (2020) <https://www.europarl.europa.eu/RegData/etudes/BRIE/2020/646174/EPRS_BRI(2020)646174_EN.pdf> accessed 8 June 2021.

[17] Austrian Chamber of Labour (AK), ‘What is Human Rights and Environmental Due Diligence?’ (2021) <https://www.enforcinghumanrights-duediligence.eu/en/what-is-due-diligence> accessed 27 May 2021.

[18] An organisation for innovation and sustainability that promotes the sustainability of Netherlands in conjunction with companies, governments, social organisations and private individuals.

[19] Urgenda Foundation v State of the Netherlands [2015] HAZA C/09/00456689.

[20] KJ De Graaf and JH Jans, ‘The Urgenda Decision: Netherlands Liable for Role in Causing Dangerous Global Climate Change’ (2015) 27(3) Journal of Environmental Law 517, 527.

[21] Bundesverfassungsgericht, ‘Constitutional Complaints Against the Federal Climate Change Act Partially Successful’ (2021) <https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2021/bvg21-031.html;jsessionid=BDDC5CCCCC30DD7A5791EAC6A0ECA022.1_cid377> accessed 8 June 2021.

[22] S Varvastian and F Kalunga, ‘Transnational Corporate Liability for Environmental Damage and Climate Change: Reassessing Access to Justice after Vedanta v Lungowe‘ (2020) 9 (2) Transnational Environmental Law 323, 324.

Professor Nicholas Ryder wins Anti Financial Crime Award

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Congratulations to UWE Bristol Law School’s Professor in Financial Crime, Nicholas Ryder, on receiving the Themis ‘Strides Against Money Laundering’ award at their recent Anti Financial Crime Awards virtual ceremony on Tuesday 23 March 2021. This award promotes the fight against Money Laundering by recognising the efforts of an individual or organisation making significant progress in the prevention of illicit monies entering the banking systems.

“This award reflects Nic’s innovative research and commitment to encouraging collaboration between academic and professional policy-making arenas, a fantastic achievement, well done.”

Rob Thompson, The London Institute of Banking & Finance, judge of the Strides Against Money Laundering award

“I’m very humbled and very honoured to accept the award from Themis. It was very unexpected so I’d like to thank the company and the judging panel. I think it goes to show the importance of research that academics can conduct and how we can positively contribute towards tackling the threat posed by financial crime.”

Professor Nicholas Ryder

Themis is a purpose led organisation committed to reducing the global impact of financial crime. As a bridge between the public and private sectors, we want to highlight the fantastic work, best practices, achievements and determination of individuals and organisations in their contribution in the fight against financial crime.

You can watch the full awards ceremony video and find out more information on the Themis website.

Towards sustainable cities: best practices and challenges of urban sustainable policies implementation

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By Francesco Venuti, a member of the Environmental Law and Sustainability Research Group.

Cities’ role in achieving Sustainable Development

Cities are thrilling places that allow people to develop new and innovative ideas, offering many opportunities to put into practice the shift to the brain-based economy and mechanised labour.[1] However, they also represent the major source of greenhouse gases (GHG) emissions worldwide and the areas in which most of the resources are consumed.[2] Urban environmental footprint is even expected to increase because projections estimate that 68% of the world population will live in cities by 2050.[3]

For these reasons, the United Nations decided to pay special attention to urban areas integrating them within the 2030 Sustainable Development Agenda.[4] In particular, Sustainable Development Goal (SDG) 11 conceives the idea of a sustainable city, calling the international community to ‘make cities and human settlements inclusive, safe, resilient, and sustainable’.[5] SDG 11 comprises 10 sub-targets that address different sectors of urban sustainability. Each city’s level of compliance with these sub-targets is measured through a series of indicators developed by the UN.[6]

SDG 11 and human health

Some sub-targets are closely connected with human health, e.g., those related to the transport sector (SDG 11.2), urban development plans (SDG 11.3), and air quality (SDG 11.6). In 2014, the transportation sector alone accounted for almost 1/5 of the GHG emissions,[7] playing a central role in worsening the air quality and thus impacting the health of millions of people. Besides, in 2017 air pollution represented the fourth leading cause of death worldwide.[8] Finally, urban development plans are critical in enabling broader citizens participation in cities development, offering a means to avoid discrimination that leads to social inequality and poor standards of living.

Best practices

Research shows that some cities are role models in one of the sectors taken into consideration. In particular, Singapore regarding SDG 11.2, Medellín (Colombia) regarding SDG 11.3, and Stockholm (Sweden) regarding SDG 11.6.

In Singapore, for example, recent investments made by the government allowed the public transportation sector to achieve high-efficiency levels[9] while maintaining itself affordable even for lower social classes and vulnerable people.[10] These improvements enabled Singapore to have a percentage of people conveniently served by the public transport system near 100%.[11]

In Medellín, the concept of sustainable development firstly appeared in an urban development plan in 1993.[12] Since then, environmental concerns and citizen participation progressively gained momentum, offering alternative perspectives in solving many issues (e.g., the problem of landslides in the peri-urban area).[13]

Stockholm offers a great example of how taxing polluting vehicles can increase urban air quality and positively impact human health from different angles. The 2006 congestion scheme implementation produced positive outcomes concerning traffic reduction,[14] lower CO2 emissions,[15] and dwellers health[16] and road safety improvement.[17] The good effects on air quality are confirmed by the fact that Stockholm is currently compliant with the World Health Organisation’s recommended levels of air polluting particles.[18]

Challenges

Other cities, e.g., Milan, present an opposing situation with some sectors that are characterised by measures that promote SDG 11, while others show clear obstacles to urban sustainable development. In Milan, several measures directed to decrease air pollution targeted both the transport sector[19] and the GHG emissions generated by domestic heating systems.[20] The results in terms of air quality improvement are promising.[21] However, concerning the link between urban development plans and social inclusion and integration, research shows both an unequal wealth distribution[22] and irrational land utilisation.[23] These elements produce social fallouts related to immigrant communities’ inclusion and integration and widespread illegal housing.[24]

In conclusion, data gathered on these four cities demonstrate that the best way to address SDG 11 is by adopting an integrated approach that has collaboration between different actors as its core and gives the same importance to all the three pillars of sustainable development.

This blog is based on the LLM dissertation on ‘Are policies on Sustainable Cities complying with SDG 11? Milan as a case study’.

References:

[1] Steven Cohen, The Sustainable City (Columbia University Press 2017)

[2] United Nations, ‘Tracking Progress Towards Inclusive, Safe, Resilient and Sustainable Cities and Human Settlements: SDG 11 Synthesis Report High Level Political Forum 2018’ (2018) available at: https://unhabitat.org/sites/default/files/2019/05/sdg_11

[3] United Nations Department of Economic and Social Affairs, Population Division, ‘World Urbanisation Prospects 2018: Highlights’ (2019) 5 UN Doc ST/ESA/SER.A/421; UN Department of Economic and Social Affairs, ‘68% of the World Population Projected to Live in Urban Areas By 2050, Says UN’ (United Nations, 16 May 2018) available at: https://www.un.org/development/desa/en/news/population/2018-revision-of-world-urbanization-prospects.html

[4] United Nations General Assembly Resolution 70/1 ‘Transforming Our World: The 2030 Agenda for Sustainable Development’ (25 September 2015) UN Doc A/RES/70/1 (adopted without vote)

[5] available at: https://sdgs.un.org/goals/goal11

[6] United Nations General Assembly Resolution 71/313 (6 July 2017) UN Doc A/RES/71/313 (adopted without vote), annual refinements contained in E/CN.3/2018/2 (Annex II), E/CN.3/2019/2 (Annex II), and 2020 Comprehensive Review changes (Annex II) and annual refinements (Annex III) contained in E/CN.3/2018/2 (Annex II), E/CN.3/2019/2 (Annex II), and 2020 Comprehensive Review changes (Annex II) and annual refinements (Annex III) contained in E/CN.3/2020/2

[7] European Environment Agency, ‘Sectoral greenhouse gas emissions by IPCC sector’ available at: https://www.eea.europa.eu/data-and-maps/daviz/change-of-co2-eq-emissions-2#tab-chart_4

[8] Hanna Ritchie and Max Roser, ‘Air Pollution’ (Our World in Data, October 2017) available at: https://ourworldindata.org/air-pollution#air-pollution-is-one-of-the-world-s-leading-risk-factors-for-death

[9] ‘Completion of The Bus Service Enhancement Programme (BSEP)’ (Land Transport Authority, 9 December 2017) available at: https://www.lta.gov.sg/content/ltagov/en/newsroom/2017/12/2/completion-of-the-bus-service-enhancement-programme-bsep.html

[10] ‘Concessionary Card Fare Structures for Lower-Wage Workers and Persons with Disabilities’ available at: https://www.mot.gov.sg/docs/default-source/default-document-library/annex-a_concessionary-card-fare-structures-for-lower-wage-workers-and-persons-with-disabilities.pdf

[11] available at: https://www.singstat.gov.sg/find-data/sdg/goal-11

[12] Peter Brand, ‘The Sustainable City as a Metaphor: Urban Environmentalism in Medellín, Colombia’ in Mike Jenks and Rod Burgess (eds), Compact Cities: Sustainable Urban Forms for Developing Countries (Spon Press 2000)

[13] Joseph Claghorn and others, ‘Rehabitar la Montaña: Strategies and Processes for Sustainable Communities in the Mountainous Periphery of Medellín’ [2016] 8 Urbe: Revista Brasileira de Gestão Urbana 42

[14] Staffan Algers and others, ‘Facts and Results from the Stockholm Trials’ (2006) available at: http://www.stockholmsforsoket.se/upload/Sammanfattningar/English/Final%20Report_The%20Stockholm%20Trial.pdf

[15] Jonas Eliasson and others, ‘The Stockholm Congestion Charging Trial 2006: Overview of Effects’ [2009] 43 Transportation Research Part A 240

[16] Christer Johansson, Lars Burman, and Bertil Forsberg, ‘The Effects of Congestion Tax on Air Quality and Health [2009] 43 Atmospheric Environment 4843

[17] Jonas Eliasson, ‘A Cost–Benefit Analysis of the Stockholm Congestion Charging System’ [2009] 43 Transportation Research Part A 468

[18] European Environmental Agency, ‘Air Quality in Europe: 2019 Report’ (2019) EEA Report No 10/2019 95 available at: https://www.developmentaid.org/api/frontend/cms/uploadedImages/2019/10/Air-quality-in-europe_2019-final.pdf

[19] Milan City Council Deliberations (Deliberazioni della Giunta comunale di Milano) 1788/2007, 2526/2011, 1366/2018 (IT)

[20] Ordinance of the Mayor (Ordinanza del Sindaco) 51/2020

[21] Edoardo Croci and Aldo Ravazzi Douvan, ‘Urban Road Pricing: A Comparative Study on the Experiences in London, Stockholm and Milan’ (2016) Centre for Research on Energy and Environmental Economics and Policy available at: ftp://ftp.repec.org/opt/ReDIF/RePEc/bcu/papers/iefewp85.pdf

[22] Pietro L Verga, ‘Rhetoric in the Representation of a Multi-Ethnic Neighbourhood: The Case of Via Padova, Milan’ [2016] 48 Antipode 1080

[23] ‘Urban Development and Green Economy’ available at: https://osservatoriomilanoscoreboard.it/en/goals/urban-development-and-green-economy/urban-development-and-green-economy-2019

[24] Petros Petsimeris, ‘Social and Ethnic Transformation of Large Housing Estates in Milan, Italy: From Modernity to Marginalisation’ in Daniel Baldwin Hess, Tiit Tammaru, and Maarten Van Ham (eds) Housing Estates in Europe: Poverty, Ethnic Segregation and Policy Challenges (Springer 2018)

UWE Students Participate in Vaquita Conservation Hackathon

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Written by Ethan Franks (in collaboration with James Pettipher and Bethany Foster).

On December 12 to December 13, the world’s first dedicated Vaquita conservation Hackathon took place. A Hackathon brings a large group of people together to work tirelessly for a 48-hour time period to address separate issues that threaten a cause. The people that take part in the project come together from different countries and different career backgrounds that all relate to the issue at the base of the Hackathon. The Vaquita conservation project is a complex multi-faceted issue that spans many fields, from criminal law to biology. The aim of this Hackathon was to develop a brighter future for the Vaquita, of which the methods and lessons learned can be incorporated into other complex conservation and criminology problems. UWE Bristol Law students proudly represented almost all the United Kingdom within the ‘criminal law review’ sector of the Hackathon.

The criminal law review aimed to try and combat the issues that Mexico is having in enforcing the law against illegal Totoaba Cartels fishermen and meeting its treaty obligations. This is to be done by all the groups, collaboratively developing a white paper. The hope is that by publishing a white paper and then implementing its recommendations the Vaquita and other marine wildlife in the Gulf of California will be sufficiently protected by the Mexican government.

Each individual group comprising a small number of students was set up with a mentor. Groups worked together to suggest their solution and then go away to work on small tasks that worked towards a final solution. This process would take place repeatedly over the weekend reinforcing the solution before the closing ceremony at midnight on the Sunday.

UWE law student James Pettipher and I worked under our mentor Volcy Boilevin, forming group six of the Hackathon. We were tasked with supporting the law enforcement efforts of the Mexican government. We decided that the best approach to take to impact Mexico was to try and use Mexico’s agreements with neighbouring countries to help impose pressure on Mexico. The pressure was implemented with the intention of encouraging the Mexican government to value its environmental obligations, without using the ineffective environmental law.

Additionally, group four included another UWE student, Bethany Foster who under the guidance of Daniel Marsh and alongside other professionals and students, worked on a proposal addressing the weak judicial framework that operates in Mexico that fails to deter the illegal totoaba trade. The suggested solution was twofold: introducing a judicial exchange programme between the UK and Mexico and assisting Mexico in implementing sentencing guidelines to ensure consistent sentencing of wildlife criminals. These proposals involve mutual co-operation between the UK, Mexico and industry experts and success is largely determined by Mexico’s willingness to co-operate. However, these proposals were inspired by the work of international criminal barrister Shamini Jayanathan whose efforts have focused on judicial reform where jurisdictions have weak judicial processes. Her work has been incredibly successful which provides a blueprint for the potential success of these propositions.

The entirety of the event will be concluded this year when a decision is made as to the best legal solutions to be put forward and incorporated into a white paper. Though it is not the motivation of any of the participants, there will be a prize awarded to the best proposed solution as well.

The Hackathon was organized by the Conservation Project International, a platform dedicated to supporting and mentoring young conservationists and future leaders, in collaboration with Earth League International, Earth Hacks and the Countering Wildlife Trafficking Institute. The event was financially supported by the two research groups of the Bristol Law School (the Global Crime, Justice and Security Research Group and the Environmental Law and Sustainability Research Group).

FCA regulation of cryptocurrency service providers: A slow start

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By Henry Hillman, Lecturer in Law at UWE Bristol.

The UK implemented the 5th Anti-Money Laundering Directive in January 2020,[1] which extended anti-money laundering and counter terrorist financing (AML/CTF) regulation to include exchanges of fiat currency for cryptocurrency. As of 10th January 2020, the Financial Conduct Authority (FCA) was made responsible for the regulation of cryptocurrency service providers (CSPs) for the purposes of AML/CTF. As part of taking on such responsibility, and brining CSPs into the AML/CTF regulatory perimeter, the FCA required applicable CSPs to register with them by 9th January 2021, or cease operations. At the time of writing there are only four entries on the FCA’s register,[2] and 104 firms awaiting registration, which raises questions as to the proactivity of the FCA in fulfilling its responsibilities. This paper will set out the intended regulation of CSPs, and consider the reasons behind the FCA’s lacklustre performance so far.

AML/CTF regulation of cryptocurrencies in the UK is to exceed the requirements of the latest EU Directive, by applying AML/CTF measures to transactions involving exchanges between cryptocurrencies as well as exchanges between cryptocurrencies and fiat currencies. The CSPs which will be regulated are those that provide exchange services or are custodian wallet providers. Regulation 14A(1) defines a “cryptoasset exchange provider”[3] as any individual or firm which provides services for “exchanging, or arranging or making arrangements”[4] to exchange cryptocurrency for either money[5] or another cryptocurrency,[6] including any activities which are automated.[7] A custodian wallet provider is defined as any individual or firm that “provides services to safeguard, or to safeguard and administer”[8] cryptocurrency on behalf of customers, or provides “private cryptographic keys”[9] for customers to manage their cryptocurrency with. Cryptocurrency transactions are protected using public-key cryptography, which allows a user to receive cryptocurrency that has been sent to their public key, much like an address, using their private key, akin to a door key.[10] Not all cryptocurrency users use custodian wallets. A custodian wallet as described in the regulations is comparable to an online bank account, and so may be the most appealing to cryptocurrency beginners as the security is managed by their service provider. More experienced cryptocurrency users may utilise alternative types of wallets, which will not be regulated.[11] 

The amendment to the Money Laundering and Terrorist Financing Regulations 2017,[12] means any business carrying out newly regulated activity must register with the FCA, and comply with the Regulations. AML/CTF regulation can be divided into two broad elements; data collection in the form of record keeping and completing customer due diligence requirements, and reporting requirements, principally suspicious activity reports. The measures are intended to increase financial intelligence.

Bringing CSPs into the regulatory perimeter shows the intent of the government to address a clear gap in its approach to AML/CTF, but the amended legislation is only valuable if it is utilised by the FCA. The initial steps by the FCA appeared to be positive, with the announcement of a year-long registration period, but this time looks to have been wasted as only four entries appear on the register as of January 2021.[13] A mitigating factor for the FCA’s performance so far could be the ongoing coronavirus pandemic, and that they are working through the 104 applicants on their temporary registration list, but neither of these arguments hold up to scrutiny. Firstly, the entries on the register so far were all added between 18th August and 1st September 2020, which illustrates firms could be vetted within the restrictions in place over the summer and autumn of 2020. Secondly, the temporary register appears to have a very low bar for inclusion, yet bestows included firms with “temporary registration”[14] to carry out regulated activities. The FCA state that the firms on the temporary list have not been assessed by them as “fit and proper,”[15] and the information appears to simply be an alphabetical list of firms which have applied to the FCA. The 104 temporary registered firms appear with their name, their address, and any other trading names used, however, this data is inputted in an inconsistent manner. There are entries which are in full capitals and other which lack capitals where required, the address formats vary, and there are two near identical entries; such errors and inconsistencies suggest the temporary register is simply pasted data from the firms applications. Questions might also be raised as to the integrity of the approved register too, as three of the four entries are registered at the same address and two of those entries lack a registered telephone number.[16] Based on the state of both the register and the temporary register, the commitment of the FCA to regulating CSPs can be questioned. While disappointing, the performance of the FCA in implementing AML/CTF regulation of cryptocurrency activity is consistent with their approach to cryptocurrencies to date.

The FCA has repeatedly stated that it does not regulate cryptocurrencies. The leading lines of advice on the FCA website state that cryptocurrencies are “considered very high risk, speculative investments”[17] and those buying them should be “prepared to lose all your money.”[18] Since the extension of the AML/CTF regulation, the FCA has caveated its advice, to state that cryptocurrencies are “only regulated in the UK for money laundering purposes.”[19] The FCA appears reluctant to be proactive with regards to cryptocurrencies, it could have interpreted the broad definition of a ‘money services business’ in Regulation 3 of the Money Laundering Regulations[20] to allow it to regulate cryptocurrencies three years before being explicitly handed the role by government. A money services business includes “an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means,[21] which can clearly include cryptocurrencies, given their monetary value.

The FCA has commissioned research to ascertain the level of consumer engagement with cryptocurrencies. The research by Revealing Reality for the FCA identified three main factors fuelling cryptocurrency investment; a weakened trust in mainstream media, looking for the next ‘shortcut’, and acting on recommendations.[22] These are worrying trends in behaviour, which will lead to individuals making losses as they invest in spurious products in an unregulated market. Such findings should be the catalyst for an intervention, but no such response has materialised. The justifications for the FCA’s approach are not clear, but may be explained by their understanding of the demographic of cryptocurrency investors. In December 2019 the FCA claimed that 80% of cryptocurrency holdings in the UK were held by 1% of the population,[23] suggesting the industry is not popular enough to be of concern. 50% of those who had invested held less than £260,[24] which further suggests a low risk in terms of potential losses. The information from the FCA also suggested investors were well informed as 89% knew they were not protected, and 92% could identify a definition of a ‘cryptoasset’.[25] It appears that although research shows poor investment practices from consumers, the levels of money involved means the FCA does not see the need to regulate.

In conclusion, it appears as though cryptocurrencies and CSPs will remain largely unregulated, unless the FCA’s approach changes drastically. The legislation is in place to cover a degree of cryptocurrency activity, but this legislation does not appear to be being enforced. The FCA has only processed four entries onto its register of approved firms, out of 108 applicants, which is a poor performance. It appears as though the FCA does not hold cryptocurrencies in high regard and does not view the issue as affecting a large proportion of the population. The approach of the FCA has been lacklustre, which raises a number of questions as to the reasoning; a lack of understanding, a lack of available resources, or simply a low priority?

First published in the Open University Law, Information, Future, Technology Blog.


[1] The Money Laundering and Terrorist Financing (Amendment) Regulations 2019, SI 2019/1511.

[2] Financial Conduct Authority, ‘Registered Cryptoasset firms’ <https://register.fca.org.uk/s/search?predefined=CA> accessed 21 January 2021.

[3] The Money Laundering and Terrorist Financing (Amendment) Regulations 2019, SI 2019/1511 Regulation 14A(1).

[4] ibid at Regulation 14A(1)(a) and (b).

[5] ibid at Regulation 14A(1)(a).

[6] ibid at Regulation 14A(1)(b).

[7] ibid at Regulation 14A(2).

[8] ibid at Regulation 14A(2).

[9] ibid at Regulation 14A(2)(b).

[10] For an accessible explanation of public-key cryptography see: Robert Miles – Computerphile, ‘Public Key Cryptography’ (22 July 2014) <https://www.youtube.com/watch?v=GSIDS_lvRv4> accessed 22 January 2021.

[11] For further details in types of wallet see: Bitcoin.org, ‘Choose your Bitcoin wallet’ <https://bitcoin.org/en/choose-your-wallet?step=1> accessed 22 January 2021.

[12] Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

[13] Financial Conduct Authority, ‘Registered Cryptoasset firms’ <https://register.fca.org.uk/s/search?predefined=CA> accessed 21 January 2021.

[14] Financial Conduct Authority, ‘Cryptoasset firms with Temporary Registration’ (8 January 2021) <https://register.fca.org.uk/servlet/servlet.FileDownload?file=0154G0000062BtF> accessed 21 January 2021.

[15] ibid.

[16] Financial Conduct Authority, ‘Registered Cryptoasset firms’ <https://register.fca.org.uk/s/search?predefined=CA> accessed 21 January 2021.

[17] Financial Conduct Authority, ‘Cryptoassets’ (7 March 2019, last updated 11 January 2021) <https://www.fca.org.uk/consumers/cryptoassets> accessed 22 January 2021.

[18] ibid.

[19] ibid.

[20] Money Laundering Regulations 2017, Regulation 3.

[21] ibid Regulation 3(1)(d).

[22] Financial Conduct Authority, ‘How and why consumers buy cryptoassets: A report for the FCA’ (07 March 2019) <https://www.fca.org.uk/publication/research/how-and-why-consumers-buy-cryptoassets.pdf> accessed 22 January 2021 at p.47.

[23] Financial Conduct Authority, ‘Infographic: Cryptoasset consumer research 2020’ (December 2019) <https://www.fca.org.uk/publication/documents/crypto-assets-infographic.pdf> accessed 22 January 2021.

[24] ibid.

[25] ibid.

Course Connect partnership with LexisNexis Risk Solutions

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The Course Connect partnership between LexisNexis Risk Solutions and the University of the West of England (UWE) is an academia-industry collaboration that aims to bring together cutting-edge academic knowledge with leading commercial practice, for the mutual benefit of students, academics, researchers and practitioners. We caught up with Professor Nic Ryder to find out more.

What’s the aim of this partnership?

It’s a platform, in essence, for information and knowledge sharing. A formal partnership like this one makes it a great deal easier to share thinking and analysis of financial crime and compliance, financial risk management and anti-money laundering regulation, between organisations, for the benefit of both sides.

How does each side benefit?

Working with industry partners allows us access to valuable resources we’d otherwise not have. From real life case studies that can be implemented into the curriculum, to offering students the opportunity to work with the latest commercial information, trends and practices, as if they were already operating in the industry. This is not only highly motivating for them, but puts them in the driving seat following graduation. With support from commercial partners, we can set students in-depth challenges that often develop into dissertation projects, student internships and placements where they gain first-hand work experience.

In return, LNRS gains access to fresh insights and a rich seam of graduate talent they can offer placements and evaluate their potential for full-time employment opportunities, in many cases making an offer after the placement ends. LNRS also benefits from first-hand access to academic expertise and cutting-edge research outputs which can develop into webinars and round table style events that marry the academia and commercial worlds and provide a platform for healthy and insightful debate of current trends and topics surrounding the financial crime and compliance industry. Students’ input into these debates is a great way to identify the opinions of the future experts in these fields.

How important is industry collaboration in preparing graduates for the practical experiences they will face in industry?

UWE prides itself on providing students with the opportunity to study commercially-relevant subject areas where career paths are quite clear. We work closely with the commercial sector on embedded placements (sandwich years), consultation projects where students are set real-life industry challenges to solve, guest lectures from industry experts, and others – all opportunities for students to better understand how the theory they learn in class translates into the real world.

What does success look like for this partnership?

Success is long-term partnership resulting in a plethora of opportunities for both UWE Bristol and LNRS to work together. That can range from straightforward guest lectures, to student projects, competitions and dissertation projects, all the way through to internship opportunities that ultimately lead to graduate employment. As academics, we’re ultimately focussed on preparing these young people for their careers.

How many other Course Connect partnerships do you run?

We have 20 partnerships at present with a mix of public and private sector organisations ranging from large nationals like Lloyds Banking Group and Enterprise Rent-A-Car, to local and regional SMEs.

What do your other partners think of this process?

“We want young people to get a great start to their working life – sharing our experiences, knowledge and skills is a great way to make that happen. This approach supports our own organisational drive to ‘Help Britain Prosper.’” Lloyds Banking Group

“We are genuinely excited about the opportunity to share knowledge and learn from each other.” Nationwide

“This initiative… promises institution-wide recognition of our brand, as well as offering an opportunity to address known skills gaps in our industry.” Enterprise Rent-A Car

What does the future hold?

It’s important to see this as an evolving partnership. This first year is very much a ‘toe in the water’ for both sides, allowing us to understand what activities we are comfortable collaborating on and what won’t work for us. As time progresses, we very much hope that the relationship will develop to offer a much greater variety of activities and benefits for both sides.

Get involved. Contact us at courseconnect@uwe.ac.uk.

What role can the Ramsar Convention play in protecting Lake Urmia in Iran?

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Written by Siavash Ostovar, Doctoral Student and a member of the Environmental Law and Sustainability Research Group

Lake Urmia located in the north-western part of Iran between the two provinces of East-Azerbaijan and West-Azerbaijan was declared a wetland of international importance by the Ramsar Convention on Wetlands of International Importance in 1971 and designated a United Nations Educational, Scientific and Cultural Organization (UNESCO) Biosphere Reserve in 1976. It is also designated as a ‘National Park’ in Iran. The Lake is drying out and it is in its worst condition ever. Over the years, the water level has been declining continuously and there are different reasons causing such degradation.

The direct drivers (i.e., climate change, highway and dam constructions around the Lake, over-exploitation of water) and indirect drivers (i.e., growth of agriculture in the region and inefficient irrigation methods and poor water management) have been considered as the causes of wetlands’ degradation. The shrinking of Lake has also led to detrimental consequences such as climate change in the region, agricultural degradation, threats to human health, migration problems, threats to the tourism industry, threats to flora, fauna and habitats.

Accordingly, my research investigated the effectiveness of the legal regulations of the ecosystem of Lake Urmia. To study the effectiveness of the legal regulation around the Lake Urmia, a complex array of international and national legal provisions which to a large extent converges around the Ramsar Convention were scrutinised. This convention was signed in 1971, in Ramsar City, Iran. The Convention focuses on ‘wetlands’ and how States should ensure their management, conservation and stewardship. Lake Urmia is indeed 722 Km (448 mi) from Ramsar City.[1] The Ramsar Convention is considered the first global agreement to address the conservation and enhancement of wetlands as a particular part of the ecosystem.[2] The Ramsar Convention is the intergovernmental treaty that provides the framework for the conservation and wise use of wetlands and their resources.[3] Since 1975, almost 90% of UN member states, from all the world’s geographic regions, have acceded to become ‘Contracting Parties’.[4] UNESCO is responsible for the adoption of the Ramasar Convention and performs secretariat functions.  

In my research, the drying up of Lake Urmia is used as an example to study the weaknesses of the international and national rules and regulations aiming at protecting the environment in general and wetlands in particular. In highlighting the local effects of such a crisis, the thesis argued that there is an urgent need for global action to preserve such essential environmental assets across the world. We all depend on the natural world for our survival, so every environmental degradation becomes a concern touching us all.

In order to investigate the opportunities and challenges to implement the Ramsar Convention in Iran, my research focused on the following concepts and provisions of the Ramsar Convention:

  • Definition of the wetlands (Articles 1 and 2)
  • Listing approach (Article 2)
  • Exclusive sovereign right (Article 2)
  • Wise use (Article 3)
  • Ecological character of wetlands (Article 3)
  • Information exchange (Article 4)
  • Financial resources (Article 6)
  • NGO participation (Articles 7 and 8)

The thesis showed that a successful plan for conservation and sustainable use of Lake Urmia and their resources and for the benefit of present and future generations needs a rigorous study of the current condition of the Lake in combination with an in-depth analysis of their feasibility concerning existing legal, political, administrative constraints. Hence, in Iran, it is crucial to regularly review the national laws on/related to wetlands management, share information between involved legal bodies, designate a competent body to wetlands management, and ensure political support for effective national laws and policies on wetlands.


[1] Behrah , ‘ Ramsar route to Urmia’ ( Behrah ) < http://behrah.com/direction.php?sid=473&did=28>

[2] Sands P and Peel J, ‘Principles of International Environmental Law’ (3rd end, Cambridge University Press 2018) 492-493.

[3] Ibid.

[4] Ramsar Secretariat, ‘ About the Ramsar Convention’ ( Ramsar.org 2014) < https://www.ramsar.org/about-the-ramsar-convention>