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.

Student blog post: On the basis of the article ‘Can the ICC Probe End Duterte’s Deadly War on Drugs?’ (by Richard Javad Heydarian in Al Jazeera, 14 February 2018) critically discuss the legal issues relating to the involvement of the International Criminal Court in the Philippines.

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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 by: Baharan Shabani

Duterte’s ‘War on Drugs’ is a controversial issue that has been going on and is still happening in the Philippines. According to Human Rights Watch (see relevant section on the Philippines in World Report 2017) it has brought the country to its worst human rights crisis since the dictatorship in the 1970s under Ferdinand Marcos. Phelim Kine describes the situation in this article. Since June 2016, under Duterte’s presidency, more than 7,000 deaths were caused in suspicious ways; masked, civilian-clothed men or even the police took alleged drug takers into detention and then reported of their deaths in an inaccurate way by stating that the individuals had been killed in self-defence (see here). Although responsibility was accepted for 2,615 of these killings, there seems to be great reluctance to admit responsibility for the other killings.

Duterte is of the opinion that leaving the Rome Statute will make it impossible for the International Criminal Court (ICC) to continue its investigations into these acts. However, theoretically, this will not be the case. Indeed, even after the withdrawal, the ICC will legally be able to bring this case forward.

In his article Richard Javad Heydarian questions the ICC’s ability to end Duterte’s killings. On 17 March 2018 the Philippines withdrew from the Rome Statute as Duterte was convinced that, as a result, the ICC could in no way interfere with his political actions anymore. To determine whether this is true the ICC’s jurisdiction needs to be examined. It is based on four criteria: the person in question (ratione personae), the substance of the case (ratione materiae), the location of the crime (ratione loci) and the time of the act (ratione temporis).

Based on Article 25 (3)(b) of the Rome Statute which deals with individual criminal responsibility Duterte can be prosecuted as natural persons pursuant to this Statute are individually responsible for committing a crime within the jurisdiction of the ICC by ordering, soliciting or inducing such crimes, as it is the case with Duterte. The fact, that he is a Head of State is, according to Article 27 ICC Statute, irrelevant.

The crime that he is being accused of is a ‘crime against humanity’ under Article 5(b) ICC Statute which is further explained in Article 7. All elements of Article 7 ICC Statute must be fulfilled. The act is ‘murder’ under Article 7(a) ICC Statute. It can be said with confidence that, because of Duterte, a large number of individuals have been killed. Second, the killings have been carried out in a widespread and systematic way. Third, such killings were an intended conduct as he often confidently defends his actions (Cyril Arnesto, ‘Extrajudicial Killings and Enforced Disappearance in the Philippines as Crimes against Humanity under the Rome Statute’ (2008-2011) 4 Asia-Pacific Yearbook of International Humanitarian Law 305-331).

If a crime takes place on the territory of a state that is a party to the Statute (Article 12(2)(a) ICC Statute) then the ICC can carry out its investigations. At the time the investigations started, this requirement was fulfilled because the extra-judicial killings only took place in the Philippines.

That being said, the problematic issue is time. Indeed, will the ICC still be able to investigate Duterte’s crimes? Article 127 ICC Statute states that the withdrawal is effective one year after the declaration of withdrawal. For the Philippines that would be March 2019. This is certainly a spark of hope for the ICC. For example, the investigations into acts committed in Burundi, the first State that withdrew from the Statute in 2016, continued for another year. These investigations are still taking place and can be found on the ICC’s website under the current situations. The timeframe in which Burundi was part of the Statute gives the court jurisdiction over it for that particular time (Situation in the Republic of Burundi).

According to the ICC Prosecutor Fatou Bensouda, her office will investigate the crimes committed by Duterte after the start of his presidency in July 2016 and will include all the killings until March 2019. However, it should be noted that to initiate official investigations the Prosecutor will need, according to Rule 50(5) of the Rules of Procedure and Evidence, to seek authorisation from a pre-trial chamber.

Student event: Start of the Year Careers Forum

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After a summer filled with sunshine, we’re holding a welcome back careers event next week as part of induction week. The Start of the Year Careers Forum will shine a light on opportunities for graduate jobs, placements and internships with leading legal and non-legal employers from the South West and across the UK.

The forum will take place on Wednesday 19th September from 10am.

The forum will consist of a mixture of employer stands and breakout sessions with short talks. Expect:

  • Employer stands with information and freebies.
  • A chance to meet and hear from legal and non-legal employers from the South West and across the UK. All of the attending employers recruit law graduates.
  • Insights into working in different job roles and sectors.
  • Tips to help you stand out in application processes for placements and graduate jobs.
  • A window into the future of how technology and other trends are changing jobs and industries.

Whether you want to become a solicitor, a barrister, or do something else entirely, this event is designed to appeal to all law students with a wide variety of interests and ambitions. It will give you the chance to talk to non-legal employers and find out why they value and recruit law students. There will be law firms present, as well as a wide range of other employers who are interested in your skills as a law graduate.

These employers have an interest in speaking specifically to you. Employers signed up include:

WHEN & WHERE: Wednesday 19th September, 10am-2pm, Floor 3 in the Business School. This will show in your timetables.

This event is aimed at second and third years in the Faculty of Business and Law, and we will be issuing a full programme shortly. Keep up to date on Twitter @UWELaw.

Don’t miss out!

Pro bono: Further reflections on the African Prisons Project experience

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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, Kelly Eastham reflects on her experience:

I never thought that I would have spent my summer working in 3 maximum security prisons in Kenya and never did I think that this would be the place that would inspire me the most.

I have had the most unforgettable summer of my life. I thought that my role this summer would be to “teach” but instead I have been taught some serious life lessons and I have learnt far more than I could have possibly taught. I have learnt more about myself in the space of these 2 months than I have my whole life. I have discovered my strengths and weaknesses and new passions and dreams. But most importantly I have learnt to be grateful for all of my blessings and to always remember how good I have it in comparison to those less fortunate.

I have had the pleasure of working with some of the most amazing, selfless and inspiring people I have ever met. They continued to amaze me with their intelligence, their skill, their compassion and their hearts of gold. 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. This has been such a shocking contrast to the reality of life as a law student in the UK where money is a key (if not the main) motivator behind a legal career.

It has been heartbreaking to see how much a system has failed so many incredible people and branded them as criminals knowing they would never be in this situation if they were in the UK. It’s devastating to hear their dreadful stories of miscarriages of justice and all the unconstitutional death penalty’s that have been issued to people who are so undeserving but are now on death row for crimes not proportionate to such an outdated form of punishment. But despite all of this wrong doing the inmates all seemed in great spirits and they were all so grateful for the little things. It has been so emotional and almost uncomfortable to receive so much gratitude for simply being a nice human and helping people who are so deserving. For me this highlights how much prison reform really needs to take place if little things such as our support have been so impactful on their life. They deserve so much more help and support and it is frustrating to see how little they receive.

But on a more positive note it has been incredible to see the dignity and hope brought to places where there has previously been none and to take small steps to start improving their life and building up a future for them if they are released. All the work APP are doing has been a HUGE step in the right direction but there is still lots more work to be done. But I am so excited to see the impact of the amazing work we are doing in Africa. Being able to see at first hand the impact of the work we have achieved this year has been so motivating and emotional. I am so honoured to be a part of something that has had such a huge impact on the inmates lives and I cannot wait to continue working with APP. I hope our work continues to help achieve justice in the prison system and provides wrongly convicted inmates with a voice and the knowledge to support themselves and others victims of injustice.

This has been one of the most unforgettable life experience I could ever ask for and I hope all victims achieve the justice they deserve. I am so proud of all of my incredible students and being able to help them grow and develop has been the best thing I have ever done. My last week was full of some of the hardest goodbyes I have had to say and I know I will never forget any of them. Until next time Africa 🌍✈️

 

 

Pro Bono – The African Prisons Project

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A new initiative, started this academic year by the UWE Pro Bono Unit, has been our link up with the African Prisons Project.  Through this our law students work remotely assisting prisoners and warders in Uganda and Kenya. Kathy Brown explains more in this blog:

Following a volunteer trip by Kathy Brown to teach law in Kenyan prisons in December 2016, a new UWE pro bono activity was created.  Her role in Kenya was to support Kenyan law tutors employed by a UK based charity called African Prisons Project (APP) to teach law to APP sponsored University of London (UOL) external LLB students.  She described the experience as life affirming but realised her position as a law lecturer at UWE put her in a position to share her access to legal resources with the Kenyan (and Ugandan) prison LLB community.  She realised too that this was something she should take to and share with her own LLB students.

In September 2017, supported by her FBL Librarian colleague Julie Hamley and Bristol Law School colleague, Dr Thomas Webber she launched  APP.  Together with the Bristol Business School and Bristol Law School lead for pro bono, Marcus Keppel-Palmer. They agreed to principally target Level 1 students, filling a gap in terms of the pro bono activities offered to new students.  Kathy’s other priority was to make the activity as inclusive as possible – and this has become central to the pro bono activity. Selection for the activity was based on a willingness to try rather than academic excellence or pre-existing skills.

The focus of the activity was to provide APP LLB tutors and students with all the materials they would otherwise be able to access for themselves were they based at a university.  In return, students would be able to develop their own legal research skills as well as develop soft skills such as confidence building, working with different year groups and interacting with international tutor colleagues. In addition, students could make the project they wanted it to be, responding to the needs of APP tutors and adapting their roles on the basis of their experience as law students.

Nine months on the main objectives of the activity have been met. UWE students have been able to talk about the outcomes of their learning and development through the UWE Student Research conference and the UWE (staff) Learning and Teaching Conference.

In terms of their direct involvement and engagement with the APP students in Kenya and Uganda, they’ve shared in the excitement of APP’s first LLB graduation ceremony in Luzira Men’s prison in Uganda (live streaming). Consistent with the activity’s inclusive values, five UWE students from three year groups have been given the opportunity to work in three Kenyan prisons during July and August.

To find out more about the APP please click here https://africanprisons.org/

Bristol Law School students bring characters of award winning novel to life in mock murder trial

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On Thursday 24 May and Friday 25 May, students on our Bar Professional Training Course (BPTC) acted as counsel for the prosecution and defence in a two-day mock murder trial on Frenchay campus.

The mock trial was based on the plot of the award winning novel Infinite Sky by CJ Flood.

Infinite Sky, a story about a teenage girl trying to come to terms with the abandonment of her mother when a family of gypsies set up an illegal camp in the paddock by her house, contains a violent death. It is this violent death that was explored in the mock trial.

His Honour Judge Johnson, a Circuit Judge who sits at Isleworth Crown Court, presided over the trial and the witnesses were played by a combination of professional actors, together with amateur actors from UWE Bristol’s Drama School, Law School and a local high school.

CJ Flood, the author, also attended the trial to find out the verdict for for the characters she had created. Read her account of the trial on her blog.

The prosecution

Members of the BPTC teaching team acted as ushers, jury bailiffs and court clerks, whilst the jury was made up of students.

The mock trial was open to members of the public as well as staff and students.

After all the witnesses had been cross examined and re-examined, the two day trial culminated in closing speeches from both sides before the jury went out to make their decision. Returning after an hour or so, they found the defendant not guilty of murder.

The trial was an incredible learning experience for our students and gave them the opportunity experience first hand what a real trial would be like.

Thank you to everyone involved who helped bring Infinite Sky to life for the purpose of the trial and a massive thank you to CJ Flood for agreeing to let us host the trial.

 

Bristol Law School host mock law trial based on award winning novel

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On the 24th and 25th May the Bristol Law School will be hosting a unique mock trial based on award winning novel by C.J. Flood.

Infinite Sky, a story about a teenage girl trying to come to terms with the abandonment of her mother when a family of gypsies set up an illegal camp in the paddock by her house, contains a violent death. It is this violent death that will be explored in the mock trial.

The trial will be conducted by HHJ Johnson, a Circuit Judge from Isleworth Crown Court. The defendant will be prosecuted and defended by teams of students on the Bar Professional Training Course. The witnesses will be played largely by a mixture of professional actors and undergraduates from the Drama School and the Law School.

Author of the book C.J. Flood, will be attending the trial to see hear the verdict cast for the character she created.

The mock trial is open for all to attend. Please see below for the details:

Venue: 2X112, Bristol Business School, Frenchay Campus, UWE Bristol

Timings: 10am – 5pm and 9:30am – 2:30pm

Commonwealth Games Success for Bristol Law School Alumni

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Bristol Law School alumni Eboni Beckford-Chambers wins gold 2018 Commonwealth Games in Australia.

Eboni  won gold with the women’s Netball team, which beat Australia dramatically with a last second goal. Eboni is a trainee solicitor at the firm of Mogers in Bath and is due to qualify as a solicitor in September. She studied her LPC at UWE in 2010/11, and then concentrated on her netball career, playing in Australia for West Coast Fever and the Adelaide Thunderbirds. She moved back to Bath in 2015 and is currently captain of Team Bath. Before taking up a position at Mogers, Eboni paralegalled in both Australia and the UK.

Congratulations to Eboni and the rest of the team on this impressive achievement!