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.

The contagion of disinformation

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By Ezinwa Awogu – BA philosophy graduate, GDL Law student at UWE Bristol and aspiring solicitor 

More connected than ever, information spreads instantaneously, and amongst that information, none seems to spread quite as viciously as disinformation. To be distinguished from misinformation, disinformation, as defined in 1952 by the great soviet encyclopaedia, is information deliberately designed to spread falsehoods for the deception of the public, usually with an underlining agenda for political, social, or economic gain. Disinformation is often more entertaining, and attention-grabbing than reality, and there it finds its strength over real news. Between the COVID-19 health crisis and the highly influential USA presidential election, we have seen myths, conspiracy theories, and disinformation erupt like wildfires. As the global pandemic has forced increased digitization, a higher rate of IT reliance, and an increased online presence, people are liking, sharing, re-tweeting, and subscribing more and more. The conditions are prime for the contagion of disinformation to spread within the algorithm networks of our social media and news provider outlets.

Battling disinformation in democratic countries is a delicate task, often fraught with debate and controversy. The right of freedom of expression under the common law was incorporated into domestic law in 1998 from the European convention, and the right to freedom of expression (subject to certain formalities, conditions, restrictions, and penalties) was ratified by Article 10 of the Human rights act (1998). Many of these restrictions, however, are intentionally broad and appear to have a high degree of subjectivity making them difficult to apply strictly. This broadness can make it hard to police media content, which on one hand rightly protects freedom of expression but on the other makes it more difficult to identify and combat disinformation. Section 127 of the communications Act (2003) criminalizes the use of an electronic communications network to put out messaging that is ‘grossly offensive or of an indecent, obscene, or menacing character’. However, in practice, enforcement is largely absent, as we all know, offensive and obscene content has flooded electronic communication networks for a long time with few criminal actions brought forward.

COVID-19 conspiracy theories, such as the idea that the virus is part of an elaborate government plan to increase observations and curtail rights, started around January and has culminated in mass no-mask protests with many swearing that the pandemic is fake. Whilst true that the response to the virus has been confusing and unclear on many accounts, the deliberate efforts of some to persist in the spread of conspiracy disinformation works to distract from the reality of the inequalities that the virus had illuminated. Realities such as the disproportionate effect on BAME communities and the worldwide devastating disparities in social welfare and healthcare that the virus has exacerbated are therefore pushed to the wayside with attention-grabbing disinformation headlines taking the spotlight.

The efforts in the summer months by the outgoing Trump administration, amongst other world leaders, to spread disinformation, hailing hydroxychloroquine as a ‘miracle cure’ based on insufficient evidence and inadequate testing, served the political ulterior motive to use hope and optimism as a distraction from criticisms of poor handling of the pandemic. We can see similar attempts to capitalize on the pandemic when we observe the Russian disinformation campaign labelling the Oxford vaccine as the ‘monkey vaccine’ in favour of the Russian vaccine, conspicuously named Sputnik. Most recently, the current saga of electoral fraud claims during the recent USA elections attempts to delegitimize the incoming Biden presidency and stoke the fire for social and political upheaval.

In England and Wales, Law aiding the efficient battle of disinformation is scarce. Ofcom, established under the Communications Act (2003) is a regulatory body set up to enforce certain content standards across TV and radio broadcasting, ensuring accuracy and impartiality, but there is currently no regulatory body set up for social media and online content in the same way, which has become a major source of information communication. There have been proposals to change this, and introduce more regulation and accountability in online platforms, namely in the 2019 Cairncross Review report. Nothing concrete has amounted from this as of yet. Social media outlets have recently been taking it upon themselves, in response to public pressure, to internally implement regulations on the content published on their sights. During the ongoing voter election disinformation campaign, Twitter has been flagging up tweets from outgoing president Donald Trump as misleading. Other popular social media sights such as Facebook and Instagram have displayed instances of some resistance to disinformation, but this has been limited and certainly not widespread enough to effectively battle the contagion of disinformation.

A strong argument can be made in favour of social media giants exercising more of their social responsibility and offering more content regulation. However, constitutional protection of freedom of expression limits the allowance for online content restriction, and admittedly, the more content policing happens, the less freedom is available. Finding the delicate line between personal liberty and public interest is an age-old dilemma that has not appeared to be solved as of yet, so it would seem for the moment that the responsibility lies largely with us the audience. In an age where information is so easily weaponized, it is important to be conscientious consumers with regards to the plethora of information flooding our screens. More than ever, active engagement, independent research, and a degree of critical analysis must be essential activity when choosing which information to accept and which sources to trust. We can no longer afford to be passive recipients of information that may harbor active ulterior agendas.

Useful Reference links

  1. https://www.nytimes.com/2020/11/05/technology/donald-trump-twitter.html
  2. https://www.thetimes.co.uk/article/russians-spread-fake-news-over-oxford-coronavirus-vaccine-2nzpk8vrq
  3. https://www.loc.gov/law/help/social-media-disinformation/uk.php
  4. https://www.bbc.co.uk/bitesize/guides/zyt282p/revision/2
  5. https://www.statnews.com/2020/06/15/fda-revokes-hydroxychloroquine/
  6. https://www.kcl.ac.uk/investigating-the-most-convincing-covid-19-conspiracy-theories
  7. https://www.legislation.gov.uk/ukpga/2003/21/section/127

The Polluter Pays Principle: The only Principle that can limit aviation emissions (if we do it right)

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This blog was written by Mandy Beck, an LLM in Environmental Law and Sustainable Development student at UWE Bristol.

Today, an airplane takes off approximately every 0.8 seconds somewhere around the globe.[1] The impact of the aviation sector on the climate is enormous. Stefan Gössling, professor for sustainable transport at Lund/Linnaeus University, Sweden, even states that ‘on an individual level, there is no other human activity that emits as much over such a short period of time as aviation’.[2] Globally, the aviation sector contributes a total of 2.5%[3] to all anthropogenic[4] CO2 emissions, making it a significant contributor to global warming. Often undiscussed, however, are the non-CO2 effects, meaning those effects resulting from e.g. particles, water vapour, and nitrogen oxides. Together with these non-CO2 effects, aviation contributes to global warming by 5%.[5]

The International Air Transport Association estimates that the demand for flights is going to double by 2037.[6] The decision-makers in the aviation sector thereby face the challenge of making aviation climate-neutral. In 2012, former European Commissioner for Climate Action in the European Commission, Connie Hedegaard stated that the ‘Polluter pays is the only principle that can limit aviation emissions’.[7]

The Polluter Pays Principle (PPP) reflects an idea that is taught to us since our childhood: ‘Clean up after yourself’.[8] Due to this principle, the costs of pollution should be allocated to the actor who caused them.[9] The PPP is implemented by using market-based measures (MBMs), such as levies, emission trading (such as the EU Emission Trading System EU-ETS), and offsetting schemes. Implementing a MBM is necessary, as technical progress and operational measures alone will not be sufficient to limit climate emissions sufficiently in the aviation sector in the near future.[10]

The first international offsetting scheme for aviation, CORSIA[11], will be implemented step by step starting 2021. Doubts, however, remain as to the effectiveness of this MBM in the light of reaching the goals of the Paris Agreement.[12] Overall, the PPP could hold more potential in curbing aviation-caused climate emissions. The following improvements must, however, be made:

Inclusion of non-CO2 effects and removal of subsidies

Climate damages resulting from non-CO2 effects must be included in a MBM. Despite the major importance of non-CO2 effects, these effects are not included in CORSIA nor the EU-ETS. Secondly, the subsidies in the billions granted to airlines must be removed (e.g. grants for Etihad Airlines by Abu Dhabi; grants by the European Commission to Air Malta). Subsidies have an opposite effect than the PPP, as they falsify the costs that must be borne.[13] Also, due to subsidies, aviation has a competitive advantage over other – more sustainable – means of transport.

Full payment for all environmental costs until 2050

The polluter must fully pay for all environmental costs by 2050 to reach the 1.5°C Goal (2085 at the latest for the 2°C Goal). The price for one ton of CO2 in 2019 including all climate costs (CO2 and non-CO2 effects) is 371 Euro/ton CO2.[14] The price set under the EU-ETS today is much lower at approx. 30 Euro/ton CO2.[15]To achieve the goals of the Paris Agreement, the PPP can be implemented gradually (with increasing CO2 prices over time), however, the above-mentioned full payment to the given deadlines must be reached.

Implementation of the PPP at the beginning of the value chain

Currently, all MBMs that have been implemented address the airlines. However, making the fuel suppliers pay for subsequent environmental damages, holds one significant advantage: fossil fuel suppliers would lose their competitive advantage, due to not paying for climate damage, over renewable energy providers. If all suppliers include environmental damage in their pricing, the market conditions would be equal.


[1]Statista, ‘Number of flights performed by the global airline industry from 2004 to 2020’ (2020) <www.statista.com/statistics/564769/airline-industry-number-of-flights/> accessed 24 February 2020.

[2] Arthur Sullivan, ‘To fly or not to fly? The environmental cost of air travel‘ (2020) <https://www.dw.com/en/to-fly-or-not-to-fly-the-environmental-cost-of-air-travel/a-42090155> accessed 24 June 2020.

[3] Umweltbundesamt, Umweltschonender Luftverkehr: lokal – national – international (Umweltbundesamt Publikationen, 2019), 30.

[4] man-made.

[5] Malte Niklaß, Benjamin Lührs, Robin Ghosh, ‘A Note on How to Internalize Aviation’s Climate Impact of non-CO2 Effects’ <www.researchgate.net/publication/311788948_A_Note_on_How_to_Internalize_Aviation%27s_Climate_Impact_of_non-CO2_Effects> accessed 15 Mai 2020; equal conclusion reached in Jörg Larsson, Simon Matti, Jonas Nässén, ‘Public Support for aviation policy measures in Sweden‘ (2020) <https://doi.org/10.1080/14693062.2020.1759499> accessed 20 August 2020.

[6] IATA, ‘Annual review 2019’ (2019) <https://www.iata.org/contentassets/c81222d96c9a4e0bb4ff6ced0126f0bb/iata-annual-review-2019.pdf> accessed 11 February 2020,16.

[7] The Guardian, ‘Polluter pays’ is the only principle that can limit aviation emissions’ (2012) <https://www.theguardian.com/environment/2012/apr/04/polluter-pays-aviation-emissions> accessed 15 February 2020.

[8] David Boyd, ‘Clean up after yourself’ <www.theglobeandmail.com/opinion/clean-up-after-yourself/article773567/> accessed 10 February 2020.

[9] Philippe Sands, Jacqueline Peel, Adriana Fabra, Ruth MacKenzie, Principles of International Environmental Law (Cambridge University Press, 2018) 240.

[10] ICAO, Environmental Report 2019 – Chapter: Climate Change Mitigation: CORSIA (ICAO Publications 2019) 236.

[11] Carbon Offsetting and Reduction Scheme for International Aviation.

[12] That is holding the increase in the global average temperature to well below 2°C above pre-industrial levels.

[13] Stefan Gössling, Frank Fichert, Peter Forsyth, ‘Subsidies in Aviation’ (2017) 9(8) Sustainability 1295, 1295.

[14] Umweltbundesamt, Methodenkonvention 3.0 zur Ermittlung von Umweltkosten Kostensätze Stand 02/2019 (Umweltbundesamt Publikationen, 2019). UBA recommends the use of a multiplier of 2.0 for the transfer of the CO2 price to aviation emissions to include the non-CO2 effects.

[15] Michael Holder, ‘EU carbon prices surge to 14-year high’ <www.businessgreen.com/news/4017770/eu-carbon-prices-surge-14> accessed 23 July 2020.         

Using as the Starting Point the Article ‘WTO Rules against EU “Anti-Dumping” Duties on Indonesian Biofuel’ by Natasha Burton in New Economy on 26 January 2018, Discuss the Use of Anti-dumping Measures by the EU on Biofuels

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Written by Chloe Barratt

This post (edited for publication) is published on our blog as part of a series of work produced by students for assessment within the module ‘Public International Law’. Following the blogging success over the last couple of years, 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 Noëlle Quénivet. Using innovative learning and teaching methods, Noëlle developed this module 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.

Anti-dumping duties are additional charges imposed by a state in response to the dumping of products into the ‘commerce of another country at less than the normal value of the products’ (Article VI GATT). They are a means of neutralising unfair trade practice, allowing states to protect their domestic industry if the dumping is having a negative effect on their economy. This blog will discuss how the European Union (EU) imposes anti-dumping measures on biofuels, a renewable source of energy that until recently was seen as an attractive alternative to fossil fuels. I will discuss how the issue that lies at the heart of the dispute with anti-dumping measures is, as Burton’s article highlights, how the extent of dumping is calculated. After examining the implications of anti-dumping measures, I will conclude that they are necessarily used to neutralise unfair trade practice and maintain economic and social stability within the EU.

Process of Bringing an Anti-dumping Measure

To ensure anti-dumping duties are imposed to counteract unfair trade practice, the process of imposing duties is heavily regulated. Accordingly, Article 1 of the  Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (ADA) requires all investigations to be initiated and conducted in accordance with the provisions of the ADA. Whilst the World Trade Organisation (WTO) does not regulate the initial act of dumping, it is responsible for regulating the process a state must follow when initiating an anti-dumping measure. If, for example, the EU believes products are being dumped into its market it must first be able to show that the dumping is taking place. In doing so it must be able to calculate how much lower the export price is in comparison to the home market price and show that it is causing injury or threatening to do so. The high threshold for establishing the injurious effect of the dumping accompanied by an investigation (see Article 5 ADA) seeks to ensure that anti-dumping duties are used productively.

Why Calculations of Anti-dumping Measures Have Proven Problematic

Whilst the process of imposing an anti-dumping measure is well regulated, the element of calculating the extent of dumping was highlighted as problematic in Burton’s article. As the EU explains in the Commission Implementing Regulation 2018/1570, following the rulings in Indonesia and Argentina (see para 8), the method of calculation has now been clarified in light of the ADA (for the original reports of the dispute settlement body, see Indonesia (DS480) and Argentina (DS473)). 

The dispute between the EU on the one hand and Argentina and Indonesia on the other (see history here) follows a number of WTO challenges to anti-dumping measures (see discussion in Crowley and Hillman, ‘Slamming the Door on Trade Policy Discretion? The WTO Appellate Body’s Ruling on Market Distortions and Production Costs in EU-Biodiesel (Argentina) (2018) 17 World Trade Review 195-213) where the underlying issue was how authorities adjusted the prices of exporting producers. For example, when constructing a home market price for Argentine biodiesel, that is the price of which biodiesel was sold in Argentina, the European Commission chose to alter the price of soybeans to compensate for the distortion in soybean prices, caused by an export tax imposed by the Argentine government (see Crowley and Hillman, at 2).  The price was adjusted based on the fact that soybeans, the primary input of biodiesel, were considerably below the international price and the Commission reasoned the adjustment was what ‘would have been the price paid… in the absence of the export tax system’.

The dispute with Indonesia was similar in the sense that it also involved a problem with  calculations: the EU had replaced the actual price of crude palm oil that was within the producers’ records with an international reference price. The price of the palm oil was lower than international prices, which meant the EU imposed higher duties on Indonesia in response to what they calculated the extent of dumping to be. When deciding on the trade disputes in the cases of Indonesia and Argentina, the Dispute Settlement Body for the WTO found the EU had indeed acted inconsistently with both GATT 1994 and ADA.

Therefore, whilst there has been a period of uncertainty in calculating the extent of dumping, this imperfection has now been clarified by the WTO. The clear guidance now states that countries are not legally permitted to take government manipulated price control into account.

Social and Economic Stability 

Since the WTO cannot regulate the act of dumping, the ability for a state to impose ‘remedial and not punitive’ measures in response to dumping are essential to nullify unfair trade practice. The measures imposed by the EU on biofuels have been used to counteract the great harm that dumping poses to the economic and social stability of the EU. 

Biofuels being dumped into the commerce of the EU not only disrupts the trading of the fuels but also distorts the standard value of the commodity. EU producers are faced with unfair competition and in considering the vast difference in Indonesia’s access to the raw materials used for biofuels (i.e. palm oil) in comparison to the EU’s access,  the EU could not physically be expected to meet the competitors’ low price without a substantial economic loss. The subsequent effect on the domestic economy could see a closure in business and vast unemployment, which the EU is able to avoid with anti-dumping measures.

Conclusion

In summary, anti-dumping measures by the EU have been imposed to minimise the economic disruption caused by the dumping of biofuels. Whilst the EU was found to have miscalculated the extent of dumping, this was recognised and rectified by the WTO dispute settlement mechanism which in turn acknowledged the lawfulness of anti-dumping measures as such. Overall, these measures have been used productively to counteract unfair competition. 

Guest blog post: A student representatives’ perspective of the Times Higher Education awards ceremony

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Guest author: Mia Collins, 3rd Year Business and Management Student 

Currently in my final year of studying Business and Management, I have been fortunate enough to represent the department as its Lead Department Representative and the Finance, Business and Law faculty as its Learning, Teaching and Student Experience Committee member. These roles have demonstrated huge benefits to my educational and professional development, yet, the most monumental opportunity the positions have brought me is attending the Times Higher Education Awards in London. As a typical student does, I have had significant exposure to Bristol’s nightlife – but none of them compare to the night I had at the awards ceremony.

The night began on, rather, a stressful start; having only 1 hour to get to get ‘black tie’ ready, I was under significant pressure– for those who know me well enough, will understand exactly the level of stress I mean. Despite this, I was immensely excited. We ventured over to the JV Marriott Grovesnor House in London, where we were met with bubbly and snacks. Walking into the reception room, in itself, was an experience; everyone had gone above and beyond with their appearance and looked fantastic. Before the night had really began, this was a great opportunity for me to get to know the people who facilitate the day to day operations of UWE; as a team of 14 (2 being myself and Lily Liu, the only students in attendance), were able to get to know the likes of Steve West, Donna Whitehead and lot more. Before one too many glasses of prosecco, we got a #teamUWE picture:

(Don’t we scrub up well!)

After a chatter and a social, we were taken into the main awards hall. Merely walking towards the hall, you are greeted by the most amazing floor imaginable (see below). From the onset, everything about the night was glamourous. Once we (eventually) found our tables, we sat down to a starter of crispy salt cod fritter (essentially, the fanciest fish finger ever), followed by slow braised beef short rib with vegetables, finishing off with a Greek yoghurt tart and petits fours – yum.

As time went on, the more nervous we all became, and before we knew it, our category was up next. We had thankfully been shortlisted, for the second year in a row, Business School of the Year and were up against some intense competition. The category was announced… UWE’s participation was mentioned… a huge cheer from all of our 3 tables… on the very edge of our seats…the winner was announced… and THEN, ah. ESCP Europe Business School were awarded the winners of 2018. Despite not winning, this year(!), we didn’t lose spirit. We were up for Most Innovative Contribution to Business-University Collaboration. Again, we didn’t quite get it this time; we did, however, receive a special commendation for our efforts. Not all bad, eh?

The night didn’t end there – a disco was to follow. Thankfully, we were sat the closest to the stairs, so UWE were the first to get to the dancefloor. I must add, we took over the ENTIRE dance floor, truly a UWE takeover. The night didn’t purely involve partying, it was a great opportunity for me to develop my networking skills and get to meet some senior figures from all across the country – one in particular, the Sponsorship Director of the Times Higher Education awards. After hours of singing our hearts – out at the very top of our lungs – lunging and squatting(?) to the beat and showing the other universities why UWE really are the best, the disco came to an end – it takes a lot of skill and endurance to be the FIRST and LAST ones on the dancefloor, but we executed it so well.

We got back to our hotel in the early hours of the morning and, with no voice left and feet in agony from high heels, we sat in the lobby, each with our takeaway laughing and chatting until it was time for bed.

The night as an entity was phenomenal, I am incredibly grateful to be 1 of the 2 students fortunate enough to attend. I’ve not only taken away great memories from it but have also made great relationships with senior staff whom I would never usually have the opportunity meet. A huge thank you to everyone who facilitated the evening and made it as incredible as it was. Every day I am more and more honoured to represent UWE and everything we achieve. Bring on Business School of the Year 2019!

Below are a few photos from the evening:

   

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.  

Posted on

 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.

 

 

Student blog post: With Reference to the Case-Law of the European Convention on Human Rights Do Prisoners Have the Right to Vote and, if yes, to which Extent?

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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: Magdalena Vakulova

Introduction

The right to vote has always been a hot topic. In fact, fights to achieve universal suffrage have been here for centuries, and still continue today. Even though the right to vote is one of the basic principles of democratic society and the strongest ‘say’ the citizen can have as well as one of the fundamental human rights encapsulated in Article 25 of the International Covenant on Civil and Political Rights (ICCPR) there are still many ambiguities over potential restrictions to this right.

The current law in the United Kingdom denies the right to vote to prisoners while incarcerated (People Act 1983, part 1 section 3). However, according to Hirst, a case decided by the European Court of Human Rights, the denial of right to vote for prisoners falls outside the given margin of appreciation as the automatic ‘blanket ban‘ contradicts the very essence of this right.

Referring to the relevant case law I will examine the right to vote for prisoners in the UK. I decided to focus on the UK because the judgment (Hirst v UK) was not only the first one in a long series of cases relating to universal suffrage for prisoners but was also applied in different jurisdictions across Europe. I will be arguing that even though the States were given a wide margin of appreciation to exclude prisoners from the voting process, this can only be done if it does not violate the whole essence of the right. In my opinion reasonable restrictions of this right should be allowed and approved as compatible with Article 3, 10 and 14 of the European Convention on Human Rights (ECHR)

Mr Hirst’s Argument

In this video Mr Hirst, convicted of murder, argues in favour of prisoners’ right to vote as a basic human right. 

The Right to Vote as the Basis of Democract

First, we must understand that the right to vote is not only a basic aspect of citizenship but also viewed as the ‘core principle’ (L Beckman ‘The Right to Democracy and the Human Right to Vote: The Instrumental Argument Rejected’ (2014) 13 Journal of Human Rights 381) of the democratic system (Watch this video which explains why a voting right for everyone is so important in a democratic society.) In order to ensure effective democracy within the State the basic human rights of every citizen (Scoppola v Italy, para 51) must be preserved and this without discrimination or unreasonable restrictions incompatible with the terms of the ECHR (Hirst v UK (paras 27 and 41)). Moreover, everyone’s right to participate in voting is implied in Article 21 of the 1948 Universal Declaration of Human Rights and more explicitly outlined in Article 25 of the ICCPR where the right to vote is established as a binding norm of international law. Further Article 3 of Protocol 1 to the ECHR states that the right to vote is not only the key aspect of effective political democracy but also an important element of the Convention system (Mathieu-Mohin and Clerfayt v Belgium, para 47). Therefore the exclusion of prisoners from the right to vote must be reconcilable with the purposes of Article 3 of Protocol 1 (Hirst v UK (No. 2), para 62). However, in my opinion, the UK has departed from this fundamental norm as it has prevented prisoners from exercising this basic right and so has fully blocked their access to the democratic system.

The Margin of Appreciation and UK Arguments 

In the case of Hirst v UK it was held that a blanket ban on prisoners’ right to vote under s. 3(1) of the 1983 Act is not compatible with Article 3 of Protocol 1. Even though the States are endowed with a wide margin of appreciation and the rights under Article 3 are not absolute, the automatic ban falls outside these margins (Hirst No 2, para 82) as it is not proportionate (Scoppola, paras 93-102; Hirst No 2, paras 76-85) (see also Sauvé v Canada (Supreme Court of Canada), paras 37 and 54-62).

The first  argument that the UK submitted to the European Court of Human Rights was that as prisoners had breached a social contract, they lacked moral virtue and therefore did not deserve this right. The second ground of the government’s reasoning was that this restriction was a punishment which helped enhancing civic responsibility (Hirst No 2, para 50).

The Response of the ECtHR to the UK Arguments 

The ECHR rejected the UK arguments. Firstly, it argued that the lack of moral virtue is contradictory to the fact that the State requires prisoners to fulfill other civic duties. Moreover the ECHR emphasized that the right to vote is a right and not a privilege (see also Sauvé, paras 14, 19-24 and 37; Hirst No 2, paras 59 and 75) which you deserve through a good moral virtue.

Secondly, it was held that incarceration per se is not a reasonable justification for violating fundamental rights. Whilst the ECHR to some extent approved the idea of a voting ban being understood as a punishment (Hirst No 2, paras 74-75, see also Dikson v United Kingdom) it however stressed that any such restriction  needed to have a clear link between the punishment and the restriction (see Hirst No 2, Joint Dissenting Opinion of Judges Wildhaber, Costa, Lorenzen, Kovler and Jebens, para 8 and Dissenting Opinion of Judge Costa, para 3). Yet, there was no such evidence that the UK had even thought about the link to the offense (see discussion by Weston) or any other justification of the punishment. In contrast the UK applied the automatic ban to every prisoner. The UK reasoning was not objective at any point and therefore I agree that the ban contradicts the very essence of the universal suffrage (see Mathieu-Mohin, para 52).

Conclusion 

In my opinion the reasoning of the European Court of Human Rights in Hirst was correct as the UK’s justification for the ban was discriminatory and not legally tenable. In this light I think that the UK should carry out debates and amend the current legislation so that the restriction of the right to vote is possible to some extent at least. Furthermore I believe that enfranchisement will help prisoners in their rehabilitation.