UWE Law Society London Trip 2019

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The UWE Law Society reports on its recent trip to visit Parliament, the Supreme Court, and The Inns of Court.

Guest post by: Sam Louwers, President of  UWE Law Society
The opinions expressed by the guest writer and those providing comments are theirs alone and do not necessarily reflect the opinions of UWE Bristol.

The 18th February began very early in the morning for 50 members of UWE Law Society who had secured places to take part in our London Trip 2019. The aim of the trip was to move 50 members to London to visit Parliament, The UK Supreme Court and attend a talk delivered by Lincoln’s Inn.

It had been the intention from the offset that all society members should feel in a position to apply for a ticket, regardless of their personal circumstances, so the price should be free. Through applications to both the faculty and student’s union enough funding was secured to pay for the coach move meaning that all were in the same position to apply for a ticket.

We left UWE at 0530 to move to Westminster, for a change a very painless journey. Once arriving the trip was split down into two tranches; one detailed to Parliament and one the Supreme Court.

Those who toured Westminster had a unique opportunity to gain an understanding of the history of the building, visit both chambers and have explained the full process of how a Bill becomes an Act. With a passionate tour guide this element was enjoyed by all and was an opportunity that many had never experienced, and I am sure that many students would have left feeling they have a confident understanding of our constitution.

Tranche 2 began their day visiting the Supreme Court. A newer building in the history of the court system, but still bathed in history from its previous role. The group had the opportunity to explore the building whilst also have its purpose and history explained to them by their tour guide. With some fantastic photo opportunities, members even had the opportunity to sit in the seat of a justice and experience the true feel of the court room. Unfortunately, Parliament were holding an emergency debate in the afternoon so Tranche 2’s tour had to be cancelled.

Then a surprise to all when we were notified that Lady Hale, President of the Supreme Court, had heard that UWE students were visiting so was giving up her lunch break to meet with us and run a Q&A session, as I am sure all readers will appreciate this is a fantastic and privileged opportunity.

Meeting with Lady Hale was an experience that many students will never experience again, but you could tell that she was more than happy to give up her time to pass her knowledge and experience onto those young minds who have a passion to progress into the legal profession.

The final part of the day saw a move to Lincoln’s Inn where we were hosted by Andrew, their outreach Co-Ordinator. Unfortunately, the talk had to be held slightly down the road in their office and conference space as the Inn itself is currently undergoing major renovations, yet still a great environment to visit. Andrew gave a talk to the society members about what the purposes of the four inns of court are, their history and how they play a key part to anyone looking to progress to a career at the bar. He also took the time to discuss the vast range of scholarships available and in doing so demonstrating that there is financial support available to those who need it.

Lincoln’s Inn also paid for Sally Anne Blackmore of Ely Place Chambers to come and talk to our members. Sally is a former UWE Alumni and prominent member of the Inn, often involved in the residential and qualifying sessions that are run. As a former Alumni Sally was keen to talk to our members about her non-traditional route to the bar and her vast experiences surrounding the profession. Not only did she inspire members she was also happy to hand out her contact details should members want to seek further guidance.

The day ended with the journey back to UWE, getting in at 2230. After a long day I think I can honestly say that every attendee was able to get something special from the day and I have taken the time to thank every element of the trip personally for making it possible. If it wasn’t through keen networking and producing a positive image of UWE Law Society this trip would never have been possible. Dr Liam Fox MP was happy to support our tours, Lady Hale gave up her time and Lincoln’s Inn gladly hosting us at their location is proof that UWE Law Society have built a positive and strong reputation in the last year. We also thank UWE Law Department and the Students Union at UWE for their kind donations, as without them we would not have been able to meet our aim of making this trip open and accessible to all and by doing so we met our equality and diversity targets.

Although coming to the end of our term as a committee I am sure that now the ground work has been laid so future committees will be able to offer these fantastic opportunities to their members also.

Sam Louwers
President
UWE Law Society

Pro bono: Student reflections from the African Prisons Project

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One of the many activities the UWE Pro Bono Unit undertakes is the African Prisons Project. The project sees UWE students assisting prisoners and prison warders during their Law studies in Uganda and Kenya. Kathy Brown has previously blogged about the project here. In this post, student Kelly Eastham provides an update on an inmates sentence.

by Kelly Eastham

It has been a long time that I have been waiting to write this and awaiting this news itself, but not nearly as long as it has been for Wilson. I am completely overwhelmed to have received news today that Wilson (an inmate from Kamiti Prison, Kenya) has been released after winning his case in the Kenyan Supreme Court. Wilson was imprisoned at the age of 19 and sentenced to death, he has since served 20 years for robbery, a punishment not proportionate to his crime.

During my time in Kenya I grew close with Wilson. I was completely amazed by his beautiful perspective on life and his motivation to help other people in his situation. Prior to working in a “death row” environment, I had always thought that these people will have nothing to live for and will become the worse version of themselves as they have no reason or motivation to turn their life around. I was completely wrong and Wilson was one of the first inmates to totally shift my perspective on this. He showed me that it is never too late to make a positive change and if you keep fighting for it anything is possible. His case in the Kenyan Supreme Court (Coram: Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ) will be monumental in Kenyan history as the one which abolished the death penalty and will have a significant knock-on effect for the lives of thousands. Wilsons motivation to be a changemaker has not come from a place of selfishness but from wanting to be able to make a difference.

I was asked by Wilson to attend his trial to support him, I remember walking into the High Court and awaiting the judges decision, this decision stated that Wilson had been successful and won his case. I remember going down to the cells under the court house and spending time with him celebrating his success. I felt so emotional to have been a part of his trial and I am so blessed to have been there to support him.

Wilson and his story have inspired me so much and I am honoured to have played a small part of it. I will forever be grateful for the life lessons he has taught me and for inspiring a huge passion within me. I will be wishing him all the best in the outside world and I will be there to support him though it. 

Bristol Law School’s Thomson Reuters Legal Student Representative awarded First Place Award at the annual Thomson Reuters Conference

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2nd year Law student Anita Dangova has been named First place at the annual Thomson Reuters Conference for the work she has achieved this year as a Thomson Reuters Legal Student Representative (TRLSR).

As a TRLSR, Anita organises different Westlaw workshops and sessions to help her fellow students achieve the best results possible.

As part of her role, Anita has worked closely with the Bristol Law School librarians to produce customised workshops and sessions for our students currently involved in the African Prisons Project (APP).

The APP offers high quality, accessible legal services to the most marginalised communities in East Africa through their training and leadership programme.

They operate in partnership with those who live and work within the justice system – from prisoners, to prisons staff and the judiciary – to those in government and other agencies, with individuals and organisations, towards a common goal, ensuring that everyone has access to justice.

Anita and the School Librarians have helped the APP Research Associates conduct their research effectively, using Westlaw. The research can be exported and shared with the group leaders from the APP which may be the first steps towards an African prisoner’s freedom.

Congratulations to Anita for the award and congratulations to both Anita and the Law School Librarians for a great collaboration!

Student blog post: Can the events that happened during the Maydan protests in Ukraine be qualified as crimes against humanity?

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This post (edited for publication) is contributed to our blog as part of a series of work produced by students for assessment within the module ‘Public International Law’. Following from last year’s blogging success, we decided to publish our students’ excellent work in this area again in this way. The module is an option in the second year of Bristol Law School’s LLB programme. It continues to be led by Associate Professor Dr Noelle Quenivet. Learning and teaching on the module was developed by Noelle to include the use of online portfolios within a partly student led curriculum. The posts in this series show the outstanding research and analytical abilities of students on our programmes. Views expressed in this blog post are those of the author only who consents to the publication

Guest Author: Susanna Lando 

November 2013: President Yanukovych announces that Ukraine will not be signing the European Association Agreement. Within a couple of days the situation gets out of hand. The question however is: are the acts committed enough to qualify as crimes against humanity under the International Criminal Court (ICC) Statute? In my opinion, they are.

After President Yanukovych’s decision went public, peaceful protests started in the capital Kiev. The facts are briefly outlined in the diagram I have made below (Euromaidan Press for details).

© Susanna Lando

Source: here

Although not a party to the Rome Statute, Ukraine accepted the jurisdiction of the ICC by a declaration under Article 12(3).The prosecutor however chose  not to continue the investigations on the basis that neither the widespread nor the systematic requirements were present (see I Marchuk, ‘No Crimes Against Humanity During the Maydan Protests in Ukraine? Or the ICC’s Prosecutor Flawed interpretation of Crimes Against Humanity?’ (2017) 35 Boston U Int’l LJ 50-55). The concept of crimes against humanity is outlined in Article 7 of the Rome Statute. Its chapeau contains two elements: the acts must be widespread or systematic and directed against a civilian population (see video for details). In addition, both an actus reus and a mens rea must be identified. The actus reus consists of acts of serious violence listed under Article 7(1)(a)-(k). The mens rea requires knowledge of the attacks on the civilian population, and the awareness that the acts constitute part of the attacks (ICTY, Prosecutor v Kunarac, para 99)

Let’s first look at the chapeau and whether it is fulfilled in relation to the events that took place during the Maydan protests. A civilian population comprises any person who is not a member of the armed forces (Article 50(1) of Additional Protocol I to the Geneva Conventions). A person ceases to be a civilian when he/she takes a direct part in the hostilities which is defined as the ‘(collective) resort by the parties to the conflict to means and methods of injuring the enemy’ (Interpretative Guidance on the Notion of Direct Participation in the Hostilities 43). In this case, however, the Maydan protests were performed peacefully and without weapons, therefore the individuals can be classed as civilians.

As the test for widespread or systematic is a disjunctive test (ICC, Situation in the Republic of Kenya, ICC, para 94), I will therefore only examine the requirement for systematic attacks. This concept was defined in Prosecutor v Katanga (ICC, para 394) and Prosecutor v Gbagbo (ICC, para 223) which referred to ‘the organised nature of the acts of violence and the improbability of their random occurrence’. The acts were frequent between December 2013 and February 2014 and they followed a clear scheme; there was an escalation in the choice of the different methods of violence: the beatings, the kidnappings, restrictive anti-protest laws, and finally the use of snipers and grenades. The pattern is, I believe, clear, and the acts were premeditated and planned as mentioned in Prosecutor v Akayesu (ICTR, para 580), which shows that the mens rea for the act was also present. Furthermore, it should be noted that the fact that they might have been committed for the President’s personal ends is irrelevant (ICTY, Prosecutor v Kunarac, para 103).

The specific crime concerned in this case in my opinion is persecution (Article 7(1)(h) Rome Statute). This entails three further requirements to the ‘chapeau’ of crimes against humanity. These include: ‘severe deprivation of fundamental rights contrary to international law (Commentary Rome Statute), on the basis of political, […] religious grounds or gender, and in connection with any act referred to in article 7(1)’.

With regards to fundamental rights being violated on the basis of discriminatory grounds, I believe there was a breach of Articles 7 and 10 of the ECHR in conjunction with article 14. Article 7 states that there shall be ‘no punishment without the law’. In this case the Maydan protesters were unlawfully arrested for charges with a higher penalty than the one applicable before the anti-protest laws. Article 10 refers to people’s freedom of expression which was clearly violated as the anti-protest laws cannot be viewed as falling within any of the lawful grounds for restrictions listed in the Convention (such as territorial integrity and prevention of crime). Finally, Article 14 regards discrimination on the basis of any ground such as ‘ethnicity, religion, political or other opinions […]’. The facts clearly suggest that the Ukrainian protesters were discriminated against because of their political ideas. Therefore both the first and second requirement for persecution are satisfied.

Finally, the acts must have been committed in connection to other acts enumerated in Article 7(1) of the ICC Statute. As Zimmermann explains, ‘[e]ven isolated acts […] will, if committed in connection with widespread or systematic acts of persecution, render those acts […] crimes against humanity’ (A Zimmermann, ‘Implementing the Statute of the International Criminal Court: The German Example’ in LC Vohrah et al (eds), Man’s Inhumanity to Man: Essays on International law in Honour of Antonio Cassese (Kluwer 2003) 977, 984). In my opinion it is therefore quite evident, based on the facts, that the beatings, kidnappings, shootings and anti-protest laws were aimed at intimidating and mistreating the population in order to force them to stop the protests.

Therefore, I argue that there are no doubts as to the nature of the crimes committed during the Maydan protests: they were crimes against humanity. Unfortunately, there has been a lack of interest in the application of international criminal law in this matter.

Student blog post: To which extent is it possible to include cultural genocide in the definition of genocide as stated in the ICC Statute?

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This post (edited for publication) is contributed to our blog as part of a series of work produced by students for assessment within the module ‘Public International Law’. Following from last year’s blogging success, we decided to publish our students’ excellent work in this area again in this way. The module is an option in the second year of Bristol Law School’s LLB programme. It continues to be led by Associate Professor Dr Noelle Quenivet. Learning and teaching on the module was developed by Noelle to include the use of online portfolios within a partly student led curriculum. The posts in this series show the outstanding research and analytical abilities of students on our programmes. Views expressed in this blog post are those of the author only who consents to the publication.

Guest author: Nikita Isaac

In this blog post I am addressing the highly topical issue of ‘cultural genocide’ and its potential inclusion in the definition of genocide. Whilst there is no legal definition of cultural genocide, we can still consider it as falling within the definition of genocide as stated in Article 6 of the ICC Statute. Several definitions of cultural genocide have been propounded by academics, one being a ‘purposeful weakening and ultimate destruction of cultural values and practices of feared out groups’ (pp 18-19). I believe that cultural genocide is present in many situations such as Darfur. This blog post argues that it is possible to include cultural genocide in the definition of genocide.

Signature of the Genocide Convention (Source: here.)

The work of Lemkin who coined the term genocide supports my view as in his broad definition he included cultural genocide alongside physical and biological genocide. He believed that physical genocide and cultural genocide were ‘one process that could be accomplished through a variety of means(D Short, ‘Cultural Genocide and Indigenous Peoples: A Sociological Approach’ (2010) 14 IJHR 833, 835), whether through mass killings or coordinated actions aimed at destroying essential foundations of group life.

The resulting definition in the ICC Statute is far from what Lemkin envisioned as still today cultural genocide is unrecognised legally. The travaux préparatoires of the Genocide Convention included a section on cultural genocide which was then excluded from the final version even though it had been deemed a serious human rights violation and thought to be a stand-alone crime. It is this version, that of the Genocide Convention, that was adopted in the ICC Statute. Political factors had played a part in the exclusion of cultural genocide as the United States were against formulating criteria relating to cultural genocide given their historical relationships with indigenous peoples (L Kingston, ‘The Destruction of Identity: Cultural Genocide and Indigenous Peoples’ (2015) 14 Journal of Human Rights 63, 65). So, ‘[t]he wording of the Convention was shaped … not to criminalize their own behaviour’ (C Powell, ‘What do Genocides Kill? A Relational Conception of Genocide’ (2007) 9 Journal of Genocide Research 527, 532).

The ICC Statute preamble states that parties to the statute are ‘[c]conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time’. Thus, if culture is a protected interest by the states that are parties to the ICC Statute why is cultural genocide not recognised?​​​​​​​

This picture shows how indigenous children were stripped of their cultural identity when forced into westernised schools. (Source: here.)

The example of what has happened to some indigenous groups in North America such as the Winnemem Wintu (see article by Kingston) substantiates my view that cultural genocide should fit within the definition of genocide. Cultural genocide affects these tribes as their culture and identity are stripped away over time and destroyed, though they may not suffer physical harm. The Winnemem Wintu are federally unrecognized (Kingston, p 70) by the US government and so are unprotected. Of the 14,000 Winnemem Wintu people only 123 remain (Kingston, p 70). They have continually lost land from the 1800s onwards (Kingston, p 70) and their cultural life as they know it is being decimated in front of their eyes. Their very means of life have been restricted through fishing bans, using plants for medicine and loss of ceremonial grounds (Kingston, p 70). The definition of genocide clearly does not safeguard indigenous people even though the loss of culture to them is just as devastating as loss of life (Kingston, p 72; see also this video). The UN Declaration of Rights for Indigenous People offers protection now, but it has taken over 60 years to reach this point and in that time indigenous people suffered detrimentally. I argue that culture can be seen as a fundamental human right. Yet, although this shows progress with regard to cultural issues, in no way does it criminalize the behaviour against indigenous people which means that there is still no international platform to criminalize cultural genocide.

This picture displays the shocking difference before and after a child was forced into school (Source: here.)

A case which reaffirms my opinion is Prosecutor v Krstic as it dealt with the genocide of Muslim men and boys in the safe area of Srebrenica (see video). It is interesting to note that the ICTY opened the discussion of cultural genocide stating that ‘[t]he destruction of culture may serve evidentially to confirm an intent, to be gathered from other circumstances, to destroy the group, as such (para 53). So, it is taken that cultural destruction satisfies the test of dolus specialis needed to fulfil the mens rea of genocide. Judge Shahabuddeen dissenting acknowledged, ‘it is not convincing to say that the destruction, though effectively obliterating the group, is not genocide because the obliteration was not physical or biological’ (para 50). So, referring back to the Winnemem Wintu, although they have not physically or biologically suffered, it does not mean that they have not suffered through other means. The Winnemem Wintu have suffered through losing their culture due to the construction of a dam on their historic and sacred land. This undoubtedly reinforces the claim that cultural genocide can be recognised via case-law despite not being expressly included in the statute of an international criminal tribunal.

(Source: here.)

Overall, I truly support the idea that it is possible for cultural genocide to be included in the definition of genocide as stipulated in the ICC Statute. As discussed, originally, a much broader definition of genocide was drawn up that included cultural genocide; however, this was excluded, thereby leaving indigenous people unprotected for decades. This has had a knock-on effect in the case law which, although making obvious references to cultural issues in relation to genocide, does not recognise ‘cultural genocide’ as a crime as such.

Student blog post: In light of the article by Melissa Bellitto, ‘The World Bank, Capabilities, and Human Rights: A New Vision for Girls’ Education beyond’ (2015) Florida Journal of International Law 91 discuss the role of the World Bank as a funder of education.  

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 This post (edited for publication) is contributed to our blog as part of a series of work produced by students for assessment within the module ‘Public International Law’. Following from last year’s blogging success, we decided to publish our students’ excellent work in this area again in this way. The module is an option in the second year of Bristol Law School’s LLB programme. It continues to be led by Associate Professor Dr Noelle Quenivet. Learning and teaching on the module was developed by Noelle to include the use of online portfolios within a partly student led curriculum. The posts in this series show the outstanding research and analytical abilities of students on our programmes. Views expressed in this blog post are those of the author only who consents to the publication.

Guest blog post: Daniele Tatoryte

Introduction

This blog post examines the role of the World Bank as a funder of education. Defined as an international organisation that helps emerging market countries to reduce poverty and promote prosperity, the World Bank is part of the World Bank Group, which is a family of five international organisations, and is composed of the International Bank for Reconstruction and Development and the International Development Association. The World Bank funds a variety of projects notably relating to education by providing loans in developing countries. It has been involved in education since 1962, thus being the largest international funder of education for development in low-income countries and supporting them with $3 billion a year. Overall, the World Bank has funded 2512 education projects. In this blog post I will first discuss the issue of gender inequality and then discuss education in the broader framework of human rights as I believe that the World Bank’s important role in supporting education should be more human rights focused.

 Gender Inequality

The Convention on the Elimination of Discrimination Against Women is the key international legal instrument that seeks to eliminate all forms of discrimination against women. In spite of its existence, girls (M Bellitto, ‘The World Bank, Capabilities, and Human Rights: A New Vision for Girls’ Education Beyond 2015’ (2015) 27 Florida Journal of International Law 91) are the most affected by education inequality as a large majority does not have access to education owing to cultural and social barriers (M Nussbaum, ‘Women’s Education: A Global Challenge’ (2004) 29 Signs: Journal of Women in Culture and Society 332). It is submitted that if girls could access education, they would better tackle issues such as medical care and contribute to the economy of the State, which is the aim of the World Bank (Bellitto at 101). Scholars such as Nussbaum and Sen have criticised the fact that women are treated as economic commodities and that their worth is based on their ability to contribute to the formal economy (see discussion in Bellitto at 95). The best way to deal with this problem is to implement anti-discriminatory laws that eradicate discrimination, a good illustration being India that has adopted a rights based approach in primary education. The World Bank, UNESCO and the Global Partnership for Education are focused on improving gender equality and empowering girls and women through quality education. To attain these goals, projects such as The Education 2030 Framework for Action (FFA) aims to achieve greater results by 2030. Some of their goals are to train more teachers, to support gender equality and improve the quality of teaching. In this light it is argued that educational planning could be a good approach to take into account and tackle all factors affecting education.

(The first UNESCO chart below shows the number of children (according to education level and gender) who were not enrolled in education between 2000 and 2015 whilst the second   indicates that the number of children without access to education varies depending on the continent.)

 

 Human Rights and Education

So, how can this problem be tackled? First, one may argue that the World Bank is bound by human rights law. After all, it has international legal personality as it fulfils three requirements: (1) it is independent from its member states in its functioning; (2) it possesses the capacity to create international rights and obligations; (3) and it possesses the capacity to bring or defend international claims (see here at 364-365). Unfortunately many courts do not have jurisdiction over international organisations and so there is no international judicial remedy against the World Bank. That being said, the Inspection Panel of the World Bank plays an important role as a control mechanism. If the funding provided by the World Bank is not used correctly, a claim can be brought by a minimum of two individuals so that the Inspection Panel can start an investigation. For example, in Nepal a claim, later dismissed, was made that discrimination on the basis of sexual orientation applied to vocational education. Another solution could be to direct the funds of the World Bank to local NGOs, rather than to central governments and education ministries (see here at 61-62), with a view to making education more effective and compliant with human rights law.        ​​​​​​​

Conclusion             

From my point of view, the World Bank and the State should work together to overcome social and cultural barriers affecting gender inequality in education. Undoubtedly, there has been a marked improvement in providing education and achieve gender equality. That being said, I could also argue that the approach the World Bank is adopting towards education is more economic than human rights based as primary education is supposed to be free and accessible to everyone. If access to education depends on one’s ability to pay for it then the human rights to education is violated. Moreover, it should be stressed that education is a necessity for the economic growth and development of these countries. On the one hand the World Bank provides these developing countries with funding to improve their economy but on the other, it takes away their financial independence and obliges them to violate human rights law by complying with conditions such as the privatisation of schools. Consequently, the implementation of a monitoring body independent from the World Bank is essential to improve its functioning and ensure that all its actions comply with human rights law.

A summary of this blog post in the form of a Prezi presentation is available here.

 

 

Voluntary work through UWE Bristol helps inmates in Kenya get a law degree

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Law students from Bristol Law School have helped inmates and wardens in prisons in Kenya to study for a law degree, by giving them access to course materials and providing legal tuition through a volunteer project over the summer.

Several students from UWE Bristol worked with the three biggest high-security correctional institutions in Kenya through the African Prisons Project (APP), a charity that gives inmates and prison officers the chance to study for a law degree through the University of London.

Twenty-five students (19 first years and six second and third years) first spent several months meticulously resourcing and downloading legal materials from the Westlaw and Lexis libraries, with the help of the faculty librarian.

They then sent these over to the men’s (but also some women’s) prisons to help the African students, given that most of the institutions do not have access to the internet. This provided the students with valuable reading materials they would otherwise not have been able to access, and led to them gaining higher marks in their final examinations.

Starting in July, five UWE Bristol law students then travelled to Kenya for four to 10 weeks, where they taught a foundation course for those inmates and prison officials looking to start the law degree.

Kathy Brown, who is senior lecturer in UWE Bristol’s department of law and who overseas student participation in APP, said: “Studying for a law degree has enabled the prisoners to gain a higher level of education, act as paralegals for other inmates and represent themselves in court. Many of them are given extreme sentences for relatively small crimes, such as being given death penalty for aggravated burglary, and are on remand for several years.

“Prison officers, who are badly paid, are also given the chance to learn a discipline and make a better life for themselves, as well as provide better support for the prisoners. Often this leads to them no longer seeing prison as a place of punishment but a place that must enable change for vulnerable members of society.”

In September former inmate Morris Kaberia was released from Kamiti high security prison, when his sentence was quashed after serving 13 years. Fellow inmates formed part of the legal team that prepared court documents and these helped him to defend himself successfully in court. During his second appeal, the court found that Kaberia’s rights at the original trial had been violated and ruled against both his sentence and conviction.

Although a free man, Kaberia still regularly attends Kamiti, one of the prisons UWE Bristol’s volunteers work with, to finish the final year of his law degree. Brown said: “It used to be notoriously violent and dangerous, but it isn’t anymore and I think the culture of education has made it a place of learning.

“By supporting APP to deliver legal education, our students have contributed to the likely success of hundreds of inmates being released due to the work of the inmate paralegals. Those students who undertake the LLB in prison are also more likely to be considered for presidential pardons.”

The five students who travelled to the East African country were selected based on their motivation, rather than on academic achievements so far on their law degree programme. UWE Bristol sponsored the trip by paying for expenses. “This was about giving students that would otherwise never have done these things, a chance to shine,” explained Brown.

Kelly Eastham, a second year law student who travelled to Africa as part of the scheme, said: “I never thought I would spend my summer working in three maximum security prisons in Kenya and that these would be the places that would inspire me the most. I am beyond moved by every single inmate and their motivation to achieve a law degree purely to help others with no regard for financial gain.”

Third year student George Ufumwen, who also volunteered, said: “I am very grateful for this opportunity as I would not have been able to finance this of my own accord. Integration into the project has given me new found confidence, as I was able to work closely with other students in a dynamic environment and gain a good understanding of how these skills work in a real life scenario.”

So far, through the APP scheme, which also works in Uganda, three inmates have graduated with the LLB law degree in Uganda and two in Kenya. Eight more are set to graduate in October.

Bristol Law School launch inaugural UWE Bristol Student Law Review (UWESLR)

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This week the Bristol Law School proudly launched the inaugural issue of the UWE Bristol Student Law Review (UWESLR), edited by Dr Tom Smith, which showcases undergraduate student law research at UWE Bristol.

The future of legal research is, like the legal profession, dependent on our current students. We believe it is essential to both encourage the efforts of our students and to assist in the development of their research and writing skills.

This publication intends to do so by showcasing outstanding examples of research by undergraduate Law students at UWE. This fulfills twin objectives: to reward their endeavours by sharing their work with a wider audience, and to demonstrate to both their peers and others the quality of the research produced by our future academics and lawyers.

This issue includes three articles; these are based on the submissions of undergraduate students as part of the final year Dissertations module for the Law and Joint Awards programmes.

Annie Livermore writes about the use of surgical and chemical castration in the treatment of sex offenders; Amber Rush writes about the regulation, reintegration and rehabilitation of child sex offenders; and Georja Boag writes about the identification, protection, support and treatment of victims of human trafficking. All have produced excellent and engaging pieces of research, and should be congratulated for their efforts.

The Review represents part of an ongoing effort to make students a part of the academic research community within the Department of Law at UWE Bristol. The research culture of any university should reach beyond the individual and collective activity of professional researchers; students should feel part of the scholarly environment in which they are learning.

It is hoped that the Review will help to create an unbroken chain between academic and undergraduate research. In doing so, researchers can pass on their expertise and experience to the next generation of scholars, and students can better develop their skills.

We hope you enjoy reading it! The full  UWE Bristol Student Law Review (UWESLR) is available to read and download here.

Bristol Law School students attend annual Eid on the Wharf party

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On 28th September a diverse group of law students from Level 1 to LLM responded to the opportunity to attend an annual Eid on the Wharf party hosted by Clifford Chance and the Association of Muslim Lawyers (AML).

Koser Shaheen, Chair of AML, offered free tickets to UWE law students to attend the networking event at Clifford Chance’s Canary Wharf offices.  Facilitated by Dr. Zainab Kahn, interested students worked together to prepare for the trip.

First year LLB students Kashif Imambaccass and Lizzie Greco-Turner reflected on their experiences:

“Having only been studying at UWE for two weeks, this was our first law networking event. We were awestruck walking into the imposing thirty floor skyscraper at Canary Wharf that houses Clifford Chance. Once we arrived at the venue, we were greeted by fellow UWE students, ranging from second year LLB to LLM students.

The opportunity to network with 250+ city professionals, who were very impressive leaders in their field, gave us an invaluable insight into what a legal career in law entails.

The highlight of our evening was interacting with Halim Uddin, an associate at Clifford Chance. Uddin was down-to-earth and friendly, willing to answer all the questions we had on the work required to become an elite lawyer.

In addition to the networking, the Eid party exposed us to a number of Islamic speakers and entertainers.  We felt humbled listening to an address by Mohammed Kozbar, chairman of the Finsbury Park Mosque, who recently received the Queens Award for Voluntary Services.  Also on top of the list of entertainment was the engaging and often funny speech by Lauren Booth, referred to as one of the most ‘fascinating Muslim Personalities of our time’.

As Law is often portrayed as an exclusive profession, it was refreshing to network with a diverse team of lawyers from a wide range of backgrounds. Thanks to our lecturer Kathy Brown, who believed in us; we have obtained a drive to excel, to work harder and pave the way to becoming the very best of who we are. Now, the idea of working for one of the ‘Magic Circle’ firms, seem slightly less daunting.”

In accordance with the inclusive nature of the activity, travel was funded for the students by the Bristol Law School.

 

Student blog post: On the basis of the Article ‘Port of Rotterdam Reveals Scale of Brexit Challenge’ discuss the legal issues relating to non-tariff barriers and trading standards imposed on imported goods.

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This post (edited for publication) is contributed to our blog as part of a series of work produced by students for assessment within the module ‘Public International Law’. Following from last year’s blogging success, we decided to publish our students’ excellent work in this area again in this way. The module is an option in the second year of Bristol Law School’s LLB programme. It continues to be led by Associate Professor Dr Noelle Quenivet. Learning and teaching on the module was developed by Noelle to include the use of online portfolios within a partly student led curriculum. The posts in this series show the outstanding research and analytical abilities of students on our programmes. Views expressed in this blog post are those of the author only who consents to the publication.

Guest author: Victoria Meller

One of the most discussed phenomena of recent times is the decision of the United Kingdom to leave the European Union, i.e. Brexit. While the exact implications of Brexit will only become apparent once the UK officially leaves in 2019, the departure will undoubtedly have consequences on the economic relations of the UK with the EU as well as with the rest of the world.

The focus of this blog post is on the effect of Brexit on trading standards, i.e. tariffs and non-tariff barriers on imported and exported goods. I will examine the challenges that UK businesses and consumers might face.

Tariff and Non-tariff Barriers

Tariffs are external taxes paid on imported and exported goods as they cross the border whereas non-tariff barriers are trading requirements on goods, such as certain quality certificates which need to be shown at the border, or quantitative measures such as quotas. States usually prefer to pay tariffs to abiding by non-tariff barriers as the latter can limit or prevent a certain type of product from entering a State.

One fundamental principle of international economic law is the principle of non-discrimination. It is imposed by the World Trade Organization on all its members and consists of two components: the Most Favoured Nation (MFN) treatment (Article I GATT 1994) which states that each trading partner must be treated equally and the national treatment (Article III GATT 94) which stipulates that foreign goods shall be treated in the same way as national goods. Exceptions to the principle (Article XIV) include preferential treatment towards developing nations (which goes against MFN but is for the greater good of disadvantaged nations) and being part of a regional free trade agreement. The UK, as a member state of the EU, is part of the single market and customs union, which operates as a tariff-free trade zone and applies the national treatment principle within its borders though it does discriminate against non-EU goods but is allowed to do so as it is a regional trade agreement.

In light of the article by Acton (Financial Times, 28 December 2017) this blog post highlights specific issues relating to the import of agricultural goods into the UK as it is claimed that 70% of imported food comes from the EU.

Price Rises

If the UK is unable to negotiate a free trade deal with the EU, then Brexit will result in the UK adopting the universal WTO tariffs as well as having the EU common external tariff of 2.3%  being imposed on it. This may result in price rises on foods such as fruits, vegetables, and wine which cannot be produced in the UK and are primarily imported from other EU States. As demonstrated in the table below, tariffs on e.g. dairy produce might rise to 39.9% on EU exports and 39.4% on UK exports. The higher prices would be caused by not only higher tariffs being placed on imports from the EU but also international imports entering the EU before reaching the UK. As the article explains, the latter situation is likely to happen since the UK does not have sufficiently large ports in comparison to EU ports such as Rotterdam.

 

Source: J Protts, ‘Potential Post-Brexit Tariff Costs for EU-UK Trade’, Civitas, October 2016, available here.

Double Control

Goods imported from outside the EU will go through a double border control which will inevitably cause delays. This will have the greatest impact on goods which rely on the just-in-time production system, such as food manufacturers (e.g. Kellogg’s). The just-in-time inventory system relies on manufacturers producing enough to meet demand, and only storing a limited amount of excess goods in inventory. Hence quick delivery onto shelves is essential. Double border control will mean double tariffs and non-tariff barriers such as certifications. This will affect the time they reach consumers and thus create costs for businesses.

As for non-tariff barriers, these will have huge implications on agricultural goods, as they are subject to stricter regulations and sanitary standards because of their public health consequences and fragile nature.

Non-tariffs 

Non-tariff barriers are believed to be 2-3 times the cost of tariffs on goods. With that in mind, sanitary standards and rules of origin (see Article IX GATT) of exported goods should remain strict for the UK post-Brexit. This will be to prevent the UK from acting as a ‘back door route for goods into Europe’. Since the UK will no longer be an EU member it may decide to relax trading standards, e.g. allow imports of chlorinated chicken which is banned across the EU. However, I think that the UK will nonetheless uphold most of the EU trading regulations and replicate them into its domestic law. This is because the majority of those regulations were voluntarily upheld by EU member states, as opposed to being imposed on them. In addition, as aforementioned, the UK does not possess sufficient ports for trading and so will likely continue to rely on EU ports. 

Source: Michael Acton ‘Port of Rotterdam Reveals Scale of Brexit Challenge’, Financial Times, 28 December 2017, available here.

Uncertain Future

Regardless of the many challenges that may initially arise due to Brexit, I think the UK could possibly benefit in the long run from withdrawing from the EU as it will no longer be restrained by the EU in terms of product standards and consequently be able to negotiate free trade deals on its own terms with any State and freely decide which tariffs and trading requirements to impose. I believe the UK will learn to adapt to this new set of circumstances, but only time will tell.