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SOAS School of Law

Research Newsletter Issue 10, Dec 2015–April 2016

Shubhaa Srinivasan and Daniel Leader, both from Leigh Day, presenting at a workshop on ‘Multinational Enterprises and

Environmental Justice: Laws and Implications of Shell Nigeria and BP Colombia Cases,’ Law, Environment and Development

Centre, SOAS, 24 February 2016 (see page 9). Photo credit: Hu Yuanqiong

Contents

Staff Research News: 1-2

PhD Student News: 3

Thai Rule of Law Project: 4

Sabbatical: the Land of Milk and Honey: 5

Half a Year Here; Half a Year There: 6

Visit to Melbourne Law School: 7

Indonesian Senators Visit SOAS: 7

Policy and PhD Research on Unregistered

Marriages: 8

Research Centre Activities: 9

New Publications: 10-11

Recent Conference Presentations: 11-14

Staff Research News

These past months, as always, have been a busy and successful time for

many of our staff members, with research grants, recognition of excel-

lence in teaching and appointments to policy-making posts.

Dr Scott Newton was a co-applicant on a successful British Academy-

Dfid grant on ‘Informal Governance and Corruption – Transcending the

Principal Agent and Collective Action Paradigms’. This grant, to the val-

ue of £399,844.50, will be used to investigate the role that informality

plays in fuelling corruption and stifling anti-corruption policies,

adopting a bottom-up perspective. The project will test for the impact

of informality on corruption and anti-corruption in East Africa (Kenya,

Rwanda, Tanzania, Uganda) adopting a comparative research design

within the region and in relation to other contexts. Scott’s book The

Constitutional Systems of the Central Asian States: a Contextual Analy-

sis is also in press with Hart Publishing.

Also successful in a grant application, Professor Carol Tan has been

awarded funding of £36,400 from the British Council Newton Fund’s

Researcher Links Workshop Grant scheme to hold a workshop in part-

nership with Professor Sulistyowati Irianto of Universitas Indonesia. The

grant will fund researchers from UK and Indonesian research institu-

tions to participate in ‘M2B: Indonesian Migrant Workers from Security

to Development’ in Jakarta in September 2016.

Continued on page 2

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Staff Research News (continued)

Professor Fareda Banda was shortlisted for outstanding tutor of the year award (OUSU) at Oxford University 2016 (for her

work on the Department for Continuing Education/Faculty of law masters course on women’s rights). Fareda has also, with

John Eekelaar of Oxford University, recently completed a report on ‘Family Law and Human Rights’ for UN Women.

Dr Catherine Jenkins has been appointed as Visiting Professor to the UFR de Droit et Science Politique at Université de Par-

is X for the 2016 calendar year.

Dr David McIlroy’s recent visit to Finland was covered in a

Finnish newspaper ‘Uusi Tie’ (24 March, 20160 and in the

Finnish magazine ‘Sana’ (31 March 2016). David is pursuing

his research interests in the financial services industry and

on the interaction between regulation and this culture, as

well as in human rights and rule of law. David is currently co

-authoring a briefing paper with another barrister, Alasdair

Henderson, on the UK government’s proposals to replace

the Human Rights Act with a British Bill of Rights.

Professor Philippe Cullet continues to contribute to water law policy development in India though membership of the Gov-

ernment of India’s Committee to Draft National Water Framework Law (December 2015- ), and the Government of India’s

Committee to Draft a River Basin Management Bill (December 2015- ). Philippe is conducting research on the right to sanita-

tion in India, with particular emphasis on its realisation in rural areas through policy instruments (Swachh bharat mission) and

particular focus on the conceptual understanding of sanitation as a right at the national and international level, its develop-

ment in parallel to the rights to water, health and environment and the crucial labour dimension (including manual scaveng-

ing).

Professor Fareda Banda was delighted to meet three of her former SOAS students at the UN Women

Conference in Cairo, 22-24 March 2016. Left to right: Molk Said (LLB-family law), Sara Abdel-Ghany (LLM-

Human Rights of Women), Fareda Banda and Reem Wael Mahmoud (PhD).

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PhD Student News

The School of Law congratulates the following PhD graduates and their supervisors: Demetra Loizou passed her viva with minor corrections on 12 January 2016. Her thesis title is ‘The Impact of the International Criminal Court’s Establishment on the Further and future Devel-opment of the Crimes Within its Jurisdiction’ and she was supervised by Lutz Oette and Chandra Sriram. Ebbe Rogge, working on the topic of ‘Better Banking for Britain’, passed his viva with minor cor-rections in May 2016. He was supervised by Peter Muchlinski and Nick Foster. The examiners were Professor Joanna Benjamin of the LSE and Professor George Walker of Queen Mary. Jonathan Bashi Ruhahindwa was awarded his PhD subject to minor corrections. The title of Jon-athan’s thesis is ‘Regional Developmentalism and the Use of Law to Support the Establishment of an African Economic Community.’ He was supervised by Professor Diamond Ashiagbor and Dr Scott Newton. The examiners were Professor Kofi Oteng Kufuor of the University of East London, and Dr Philippe De Lombaerde from the United Nations University Institute on Comparative Re-gional Integration Studies. Hani Zedan, supervised by Ian Edge, was awarded his doctorate without corrections just before Christmas. His topic was ‘A Critical Analysis of Legal and Regulatory Policy-making in the Kingdom of Saudi Arabia: Driving Factors, Determinants and Consequences’. Nura Zolkapli also passed her viva with minor corrections. The two external examiners, Prof Mehmet Asutay and Prof Rodney Wilson (Durham University) were extremely positive about her thesis and the viva went well, strengthening their positive views. Nura was supervised by Jona-than Ercanbrack and Laurence Harris.

**** In other news, Vishal Vora also submitted his thesis titled ‘The Islamic Marriage Conundrum: Reg-ister or Recognize? The Legal Consequences of the Nikah in England and Wales’ in February 2016, and is awaiting his viva date (see also his reflections on the policy implications of his research on page 8). Oreva Olakpe has written from the field to report that she has now concluded five months of research in China in March and just begun research in Nigeria in April. Her research focuses on South-south migrations and is using case studies in China and Nigeria as the lens through which she is looking at international migration and refugee law, as opposed to using the West. In China, Oreva carried out research on refugees and undocumented asylum migrants from Afri-ca. Currently she is shuttling between two Refugee camps in Akpabuyo and Ikang, in Nige-ria, where migrants from the Bakassi Peninsula are seeking refuge and resettlement from perse-cution by the Camerounian government. Oreva is finding that there is so much to learn from both case studies because they are not elevated in discussions on international refugee law.

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Rule of Law in Thailand Project at SOAS The Centre of East Asian Law (CEAL) launched its Rule of Law in Thailand Project on 26 February 2016 with a panel discus-sion chaired by Dr Carlo Bonura (SOAS, Pol-itics). The three distinguished speakers were Professor Sir Jeffrey Jowell KCMG QC (Bingham Centre for the Rule of Law), Pro-fessor Peter Leyland (SOAS) and Professor Tim Forsyth (LSE). In her project leader’s welcome, Carol Tan spoke of how the pro-ject marks a milestone in the study of Thai law at SOAS and indeed, outside Thailand.

This official launch was preceded by a soft launch event on the current state of the rule of law in Thailand introduced by Dr Sanzhu Zhu, CEAL Chair and followed by contributions from Professor Peter Ley-land, Mr Verapat Pariyawong, Dr Carlo Bo-nura and Dr Mimi Ajibadé.

The project’s regular series of seminars began with a seminar in April on “Human Rights in Thailand - A Failed Transplant?” by Professor Andrew Harding (National University of Singapore (NUS) and a former member of SOAS School of Law) on 19 April 2016.

Forthcoming events of the project include a panel discussion on ‘Thailand After the Ref-erendum’ (ASEASUK conference, hosted by the Centre of Southeast Asian Studies, SOAS) in September. The panel will be asked to examine the referendum on the Thai draft Constitution (occurring in Au-gust) and the prospects for a return to civil-ian rule. Panel speakers are likely to debate the key turning points of the past and the future of democracy in Thailand after the constitutional referendum (due to take place this August). Further information, updates on the project and links to video recordings of some of the project’s events may be found here https://www.soas.ac.uk/ceal/rolt/ or here https://www.facebook.com/soasrolt/.

Rule of Law in Thailand Project Launch, 26 February 2016. From left to

right: Sir Jeffrey Jowell, Professor Peter Leyland, Professor Tim Forsyth,

Dr Carlo Bonura and Professor Carol Tan.

Rule of Law in Thailand Project Launch, 26 February 2016

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Sabbatical: the Land of Milk and Honey

Yoriko Otomo

During terms 1 and 2 this year, I have been on sab-batical: first as a Visiting Fellow at Oxford University’s Centre for Global History, and then as a Visiting Fellow at the University of New South Wales’ Law School. Before going on to research leave full-time, I con-vened an international workshop at SOAS, ‘Theorising and Historicising International Environmental Law’, which was supported by a grant from the DRC and attended both by faculty members and overseas visi-tors. This project will continue to evolve over time as we establish a global research network that has the capacity to undertake coordinated investigation into this topic.

The term began with writing, and I completed three book chapters: ‘Law’ in Ron Broglio, Lynn Turner and Undine Sellbach (eds.) The Edinburgh Companion to Critical Animal Studies (EUP), and two co-authored (‘British Influences on International Environmental Law: The Case of Wildlife Conservation’ in Jean-Pierre Gauci, Robert McCorquodale, Jill Barrett, Andraž Zidar and Anna Riddell (eds.) British Influences on Interna-tional Law (BIICL) with Mario Prost, and ‘Thinking About Law and the Question of the Animal’ in Andreas Philippopoulos-Mihalopoulos and Victoria Brooks (eds.) Handbook of Research Methods in Environmen-tal Law (Elgar) with Edward Mussawir). My mono-graph, Unconditional Life: The Post War International Law Settlement (OUP) was finally published, and is now available at all good book shops.

Once these texts were submitted I was able to turn to my new project, which looks at the cultural life of milk through British imperial policy. It was extraor-dinarily good fortune to be based at the Oxford Cen-tre for Global History and to have the support of their scholars and the Bodleian librarians at the early stage of my research for this book. At the end of the term I spent a few days in Japan researching post war milk policies, then travelled to Australia (to Melbourne and Sydney) to undertake archival research on milk and meet with colleagues old and new. My time at the UNSW law faculty was particularly enriching. I am grateful to the many members of faculty who took time to meet and talk through various aspects of my project, and am delighted to have made so many friends and contacts there with whom I will be able to collaborate in future.

Being on sabbatical enabled me to take up some addi-tional knowledge-transfer activities, such as speaking at the launch of the Women’s Equality Party in Ox-ford, making a radio play based on my academic re-

search as part of a programme held at the Institute for Contemporary Arts, and giving talks (for Tel Aviv Uni-versity, the British Institute for International and Com-parative Law, and the University of New South Wales). I have also been co-organising an international work-shop, ‘Making Milk’ with Mathilde Cohen from the University of Connecticut, which is supported by the DRC and will be hosted at the School for Advanced Studies in the Social Sciences in Paris this May.

In terms of funding applications, I have sub-mitted one application for research funding on my own (to a grant-making body based in France) and am currently preparing a major application to be sub-mitted to the AHRC this summer. My writing commit-ments are optimistic and ongoing, with three new book chapters for edited collections. The first is about milk as a diplomatic tool during the Cold War, as can be seen from the advert below, the second is on theo-rising milk in the context of new materialism, and the third is about the regulation of milk in settler Austral-ia. I am hoping to complete these over the summer term, and then to finalise one co-edited book and one co-written article (both with colleagues at the Univer-sity of Kent) for publication before the end of 2016, before preparing the edited collection, ‘Making Milk’ for publication in 2017.

After what feels like a long hiatus from focused research (since having a baby and taking up a position at SOAS four years ago), it was grounding to have a sustained period for reflection and writing. The con-solidation of existing research and the beginning of a new trajectory of research has been a very satisfying experience, and I would like to extend my thanks to my colleagues at SOAS who have enabled me to take the time to do this.

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“Half a Year Here; Half a Year There”

Ernest Caldwell

Having successfully cleared the early career research probation hurdles in early 2015, I was given that rarest, almost unicorn-like reward: two consecutive terms of research leave. Unfortunately, as a non-EU migrant from a former colony which resolutely decided against the whole ‘common wealth’ idea, the visa restrictions on the number of consecutive days I was allowed out-side the country prohibited me from packing my bags for twelve months away from the daily excitement that comes from working at SOAS and the dreariness that is London weather. In the end, I spent much of Term 1 in the UK (with a few conferences here and there) and most of Term 2 in Taipei, Taiwan. During both terms, my research laid the groundwork for my current book project, Losing Control in China and Taiwan? Democra-tisation, Constitutional Reform, and the Decline of Con-trol Yuan, as well as three ‘spin-off’ articles and two book chapters for edited vol-umes which are also in various stages of completion or ac-ceptance.

This recent work stems from my personal dissatisfaction with some scholarship on Asian constitutionalism that tends to take a rather myopic view when prescribing the institu-tional reconfigurations neces-sary to produce a western-style liberal democracy and which fail to consider the macro effects of constitutional re-forms on the entire constitu-tional system. Because of this, I chose to research the Control Yuan, one of five distinct branches of government in the Republic of China (Taiwan), which is responsible for impeaching and censuring government officials. Often, the unique features of the Five-Power constitutional model of the ROC are downplayed or dismissed as irrel-evant to Taiwan’s transition from an authoritarian one-party state to a multiparty democracy. So my current project simply seeks to question these assumptions by examining how this ‘lesser’ branch of government, the Control Yuan, has historically acted as an agent of con-stitutional change, as well as the how subsequent con-stitutional reforms have fundamentally transformed both the Control Yuan’s form and function and the effects this has on a complex constitutional checks-and-balances system built around five distinct branches.

Research during Term 1 was slower and filled with frus-trations over the dearth of specific sources in Chinese and Japanese languages within UK library holdings. However, I was able to secure enough information to formulate an initial outline of my book project and write up an article for a forthcoming special journal issue.

In January it was time to leave the miserable damp cold of London and head off to the sub-tropical climate of Taiwan. So Leigh (also on sabbatical from LSE) and I packed up the house, loaded up Casimir, and arrived in Taipei to the coldest and dampest winter recorded in the past sixty years. Needless to say, this weather was not conducive to relaxing beachside, but was effective at keeping me buried within the climate controlled ar-chives of the Taiwan National Central Library where I was a visiting scholar to the Centre for Chinese Studies. These archives contained handwritten records of the Control Yuan from the early 1930s, as well as records from its lesser known and painfully understudied pre-cursor institutions. For example, records of the Su-

zheng ting 肅政廳, an independent

government bureau solely responsible for impeaching government officials in the early 1910s, call into question the originality of Sun Yat-sen’s Control Yu-an, but also provide some of the earli-est empirical evidence of laws, proce-dures, and practices designed to ensure government accountability within a Chi-nese democracy. As interesting as the archives were, the Control Yuan still exists as modern constitutional branch of government and I needed to re-search its ‘modern fate’ whilst still physically in Taiwan. So I brushed the dust and cobwebs out of my hair and set off to interview current and former members of the Control Yuan. These interviews were extraordinarily helpful and provided great insight into the post

-democratisation predicament of the Control Yuan. As constitutional reforms since the early 1990s have in-creasingly stripped the Control Yuan of much of its orig-inal powers, there are increased calls for its abolish-ment and the establishment of a ‘standard’ tripartite constitutional government. At present, the future of the Control Yuan appears uncertain.

In short, the past year was wonderful in terms of my own research, but this would not be the case had it not been for the the numerous librarians, archivists, schol-ars and government officials who warmly entertained all my questions and comments, despite my horribly rusty Mandarin language skills.

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Visit to Melbourne Law School

As part of her SOAS sabbatical leave (January-March 2016),

Professor Diamond Ashiagbor was hosted as a Visitor at the

Institute for International Law and the Humanities (IILaH) at

Melbourne Law School. She gave a ‘brown-bag’ seminar on her

research on 22 March 2016, jointly convened by IILaH and the

Melbourne Law School’s Centre for Employment and Labour

Relations Law (CELRL), on ‘Social Rights and Markets: Sover-

eignty, Market Building and Labour Law in the African Union’.

The paper forms part of Diamond’s wider monograph project,

on Social Rights and the Market: Embedding Trade Liberalisa-

tion in Regional Labour Law, for which she has been awarded a

book contract with OUP, in its Oxford Monographs on Labour

Law series.

Indonesian Regional Assembly Senators Visit SOAS

On 28 April 2016, the School of Law hosted a visit by eight delegates and additional support staff from

the Indonesian Dewan Perwakilan Daerah (DPD) or Regional Representatives Assembly. The delegates,

who are all elected to the Assembly on individual tickets from the provincial level, came from as far

afield as Papua, Riau and Gorontalo. The delegates were gathering comparative experiences of upper

house parliamentary chambers around the world in order to seek inspiration for legislative reform in In-

donesia, and in particular wanted to extend their knowledge of role of the House of Lords.

Professor Peter Leyland presented an out-

line of legislative processes in the UK and

answered questions from the delegates. Dr

Petra Mahy assisted with English-

Indonesian translation.

The Indonesian delegates were presented

with copies of Professor Peter Leyland’s

book The Constitution of the United King-

dom: A Contextual Analysis (2012), along

with another book in the same series by

Simon Butt and Tim Lindsey, The Constitu-

tion of Indonesia: A Contextual Analysis.

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Vishal Vora

In December 2015, the Law Commission published their scoping paper, reviewing the law of marriage. They were asked by the Government to examine the topic following its consultation on whether non-religious belief organisations should be allowed to conduct legally binding marriages. Although this was essentially driven by the desire of the Humanists to conduct their own marriages, without the need to ‘marry twice’, the scoping phase was highly relevant to my PhD project examining the role of Islamic nikah marriage in English law. My project sought to answer whether the English law should recognise such Islamic marriages. The concept of non-marriage, judicial in nature seems to have been etched in case law to work against non-mainstream ceremonies of marriage. Ex-amining the recent case law, it is clear that Muslim marriages are less likely to be recognised in law than for example, Christian ceremonies. The current law of marriage, the Marriage Act 1949, is predominately based on the Marriage Act 1836 and is most definitely in need of updating to reflect the significant changes that have taken place in our society, and how couples live.

I got involved with the scoping phase consultation following a conference. In May 2015, Dr Jean-Philippe and I hosted a conference at the Institute for Ad-vanced Legal Studies (IALS) entitled ‘The Islamic Mar-riage Conundrum, Conflict of Recognition’. The event gave us the opportunity to showcase current research in the area of Muslim marriage practices in England and Wales, and interact with members of the legal profession specialising in family law. For further read-ing please see the conference proceedings, published in Family Law 2016 (1). It was at this event that I had the opportunity to discuss my research with the Law Commission representatives in attendance and with Prof Rebecca Probert, of Warwick University, and Spe-cialist Advisor on the scoping project.

I met with the Law Commission in July 2015. They were interested in my personal experience of Hindu marriage practices in England and Wales (I am from the British Hindu community), the process that Hindu couples follow when getting married, and how the civil registration process plays a part in the marriage celebrations. Furthermore they were interested in the fieldwork I had undertaken for my PhD research, ex-amining unregistered Muslim marriages. My research

involved a small sample of highly detailed interviews with married but not always registered Muslim wives. I was able to share my findings on the extent that the issue of unregistered marriages affects this group. Even though the scoping paper was broad in its remit, should the Government allow for a full review of the law to take place, changes will no doubt have an effect on British minority groups such as the Hindus and Muslims.

During my PhD research, I was also an active member of the Ministry of Justice’s Muslim Marriages Working Group and this afforded me an insight into the inner workings of policy making. The group comprised vari-ous professionals, predominately solicitors and barris-ters, but also those working in relevant NGOs, local government, the Law Commission, and of course the Ministry of Justice. My experience of both has been valuable although sometimes my views expressed at the working group were deemed ‘academic’ and out of touch, even though I had completed research span-ning over 18 months with those who faced the ad-verse repercussions of discovering their marriages were not in fact valid. Nonetheless, I would certainly encourage more research students to organise confer-ences and seek to discuss their work with the relevant Government department, so far as possible.

Reflections on Informing Policy Through PhD Research on Unregistered Marriages

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Research Centre Activities

Centre for Human Rights Law (CHRL)

Seminars held:

Sudan/South Sudan Seminar Series: ‘The use of

Law as an Instrument of Power in Sudan and

South Sudan.’ Speaker: Ali Agab, Sudanese

human rights law; Discussant: Professor Mas-

hood Baderin, SOAS, 15 February 2016

‘Egypt’s Human Rights Crisis and Western Foreign

Policy: What Price Stability?’ Speakers: Nancy

Okaili, Executive Director, Tahrir Institute for

Middle East Democracy; Martin Chulov, Mid-

dle East Correspondent, Guardian; Rasha

Qandeel, World Service presenter, News Night

and Hard Talk Senior Broadcasting journalist,

BBC, 11 April 2016.

‘New Government, Persistent Challenges: Human

Rights, Accountability and Justice in Sri Lanka’,

SOAS, 25 April 2016. Speakers:

M.C.M. Iqbal, former Secretary to Four Presi-

dential Commissions of Inquiry, later Con-

sultant, National Human Rights Commis-

sion of Sri Lanka and Asia-Pacific Division

of UN HRC, Geneva: ‘Enforced disappear-

ances of persons in Sri Lanka: Legacy and

ongoing challenges’;

Ingrid Massage, formerly Sri Lanka researcher

at Amnesty International and member of

staff at OHCHR-Nepal: ‘Inquiries into seri-

ous human rights violations in Sri Lanka –

a never ending history with predictable

outcomes?’;

Fred Carver, Campaign Director, Sri Lanka

Campaign for Peace & Justice: ‘Recent

developments in the struggle for human

rights and accountability in Sri Lanka’;

Discussant: Chandra Lekha Sriram, Professor

of International Law and International Re-

lations, Director Centre on Human Rights

in Conflict, University of East London.

Law, Environment and Development Centre

(LEDC)

LEDC's Ninth Annual Public Evening Seminar Series -

Sustainable Development Goals and Environmental

Justice (2015 – 2016):

‘The Paris Agreement on Climate Change: Positive

Signals to Future and Current Generations of

Least Developed Countries and Small Island

States?’ (co-organised with CISD), Chair: Dr

Feja Lesniewska. Speakers: James Cameron,

MJ Mace, Linda Siegele. Discussant, David Fisk,

14 January 2016.

‘Energy Transitions and Energy Landscapes: What

Role International Law?. Speaker: Dr Thoko

Kaime, 3 February 2016.

Multinational Enterprises and Environmental Jus-

tice: Laws and Implications of Shell Nigeria

and BP Colombia Cases. Speakers: Daniel

Leader and Shubhaa Srinivasan, organised by

Yuanqiong Hu, 24 February 2016 (See photo

on page 1).

‘Looking for Accountability: The Impacts of Multi-

national Mining Companies in a Globalized

world’. Speakers: Andrew Hickman & Richard

Solly, 9 March 2016.

Centre of East Asian Law (CEAL) Public lectures/seminars put on by the Centre:

CEAL Lunchtime Seminar: ‘Law, Trust and Institu-tional Change in China.’ Speakers: Ding Chen, Simon Deakin, Mathias Siems and Boya Wang, 11 March 2016

CEAL Lunchtime Seminar with the Confucius Insti-tute: ‘Three Patent Law Revisions and One More: Relevance and Dilemmas concerning Access to Medicines and Innovation in China.’ Speaker: Hu Yuanqiong, 18 April 2016

CEAL Co-hosted Evening Lecture on Sumimoto Corporation: ‘The Ever Evolving Business Mod-el of the Sogo Shosa.’ Speaker: Graham Hol-man, 25 April 2016

CEAL also hosted a visit by a Thai Social Science Re-searcher Group on 3 February 2016. Dr Sanzhu Zhu gave welcome words to the group.

See also page 4 for an account of the Thai Rule of Law Project which is hosted by CEAL.

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New Publications by SOAS Staff and PhD Students

Banda, Fareda and Lisa Fishbayn Joffe (eds.) (2016) Women’s Rights and Religious Law: Domestic and Internation-

al Perspectives. Abingdon, New York: Routledge.

Banda, Fareda and Lisa Fishbayn Joffe (2016) ‘Introduction’ in Women’s Rights and Religious Law: Domestic and

International Perspectives, edited by Fareda Banda and Lisa Fishbayn Joffe, 1-10. Abingdon, New York:

Routledge.

Banda, Fareda (2016) ‘Gender, Religion and Human Rights in Africa’ in Women’s Rights and Religious Law: Domes-

tic and International Perspectives, edited by Fareda Banda and Lisa Fishbayn Joffe, 45-67. Abingdon, New

York: Routledge.

Bhandar, Brenna and Toscano, Alberto (2016) ‘Representing Palestinian Dispossession: Land, Property and Pho-

tography in the Settler Colony,’ Settler Colonial Studies (published online 9 March 2016).

Cullet, Philippe (2016) ‘Human Rights and Climate Change Litigation,’ in The Oxford Handbook of International

Climate Change Law, edited by Cinnamon Carlarne, Kevin Gray & Richard Tarasofsky. Oxford: Oxford Uni-

versity Press.

Foster, Nicholas (2016) ‘The Financial Sharia as Law and as Ethics: A Suggestion,’ SOAS Law of Islamic Finance

Working Paper No 10.

McIlroy, David (2016) ‘What Effect does Regulation have on the Culture of Banks?’ in Law and Economics: An An-

thology, edited by Kim Østergaard, Jacob Lyngsie and Bent Ole Gram Mortensen, 65-87. Copenhagen, Ju-

rist- og Økonomforbundets Forlag.

McIlroy, David (2016) ‘How is the Rule of Law a Limit on Power?’ Studies in Christian Ethics 29(1): 34-50.

Makeen, Makeen (2016) ‘Rationalising Performance “in Public” under UK Copyright Law,’ Intellectual Property Quarterly 2016:117-134.

Ohdedar, Birsha (2016) ‘Loss and Damage from the Impacts of Climate Change: A Framework for Implementation,’

Nordic Journal of International Law 85(1): 1-36.

Otomo, Yoriko and Mario Prost (2016) ‘British Influences on International Environ-

mental Law: The Case of Wildlife Conservation,’ in British Influences on International Law 1915-2015, edited by Robert McCorquodale and Jean-Pierre Gauci. Leiden, Boston: Brill Nijhoff.

Otomo, Yoriko (2016) Unconditional Life: The Post War International Law Settle-

ment. Oxford: Oxford University Press.

Sultany, Nimer (2016) ‘Repetition,’ in Gaza as Metaphor, edited by Helga Tawil-

Souri and Dina Matar, 203-217, 252-256. London: Hurst.

Suresh, Mayur (2016) ‘The File as Hypertext: Documents, Files and the Many

Worlds of the Paper State,’ in Law, Memory, Violence: Uncovering the

Counter-Archive, edited by Stewart Motha and Honni van Rijswik. Oxon:

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Routledge.

Suresh, Mayur (2016) ‘Pendulous Penises and Couture Clitorises: What Medical Men do to Intersex Infants,’ in

Nothing to Fix: Medicalisation of Sexual Orientation and Gender Identity, edited by Vinay Chandran and

Arvind Narrain. New Delhi: SAGE.

Welchman, Lynn (3rd author, with Doaa Haamoudeh and Layaly Hamayel) (2016) ‘Beyond the Physicality of Space:

East Jerusalemn, Kufr `Aqab and the Politics of Everyday Suffering,’ Jerusalem Quarterly 65: 35-49.

Welchman, Lynn (2nd author, with Ruba Salih and Elena Zambelli) (2016) ‘Gender, Intersectionality and Youth Poli-

cies in the South and East Mediterranean,’ POWER2YOUTH: Working Paper no.10, May 2016 [ISSN 2283-

5792].

Staff and PhD Student Conference Participation and other Presentations

Ashiagbor, Diamond, ‘Social Rights and the Market: Sovereignty, Market Building and Labour Law in the African

Union,’ presented at Melbourne Law School, the University of Melbourne, 22 March 2016.

Banda, Fareda, ‘Global Perspectives on Discrimination against Women in Law and Practice,’ presented at a UN

Women conference on ‘Towards Equal Opportunity and Eliminating Discrimination against Women in the

Administration of Justice, Cairo, 22-24 March 2016.

Bano, Samia, ‘Critical Inquiries: Religious Tribunals, Muslim Feminist Scholarship and the Emergence of New Fami-

ly Governance Mechanisms in British Muslim Communities,’ presented in the Family Law stream at Socio-

Legal Studies Association Annual Conference, Lancaster University, 5-7 April 2016.

Bastaki, Jinan, ‘The Legacy of the 1951 Convention and Palestinian Refugees,’ presented at the Italian Society for

Middle Eastern Studies (SeSaMO) conference on Migrants: Communities, Borders, Memories, Conflicts, in Catania, Italy, 16-19 March 2016.

Bhandar, Brenna, ‘Colonialism and Cultivation,’ plenary presentation at Cultivation: Vegetal Lives, Global Systems

and the Politics of Planting Conference, Goldsmiths, 18-19 March 2016. Bhandar, Brenna, ‘Improving the Land, Improving the Native,’ conference presentation at Beyond Development?

New Imaginaries of Law & Social Justice, Warwick University, 22 April 2016. Bhandar, Brenna, ‘Cultures of Dispossession: Critical Reflections on Status, Rights and Identities,’ invited lecture,

Critical Theory and Practice Group, Cambridge University, 26 April 2016.

Caldwell, Ernest, ‘Widening the Constitutional Gap in China and Taiwan: Democratisation, Constitutional Reform and the Decline of the Control Yuan,’ presented at Constitutional Histories: Comparative Perspectives, Chi-cago, USA, 11-12 April 2016.

Caldwell, Ernest, ‘Losing Control in Taiwan? Constitutional Reforms and the Future of the Control Yuan,’ presented

at European Association for Taiwan Studies Annual Conference, Prague, Czech Republic, 30 March-1 April 2016.

Caldwell, Ernest, 外國學者眼中的台灣法律與中華民國憲法 [The Study of Taiwanese Law and ROC Constitution

in the Eyes of a Foreign Scholar], presented at National Taiwan University College of Law Centre for Public Law 23 March 2016 [in Chinese].

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Caldwell, Ernest, ‘Losing Control in Taiwan? Democratisation, Con-

stitutional Change and the Diminishing Role of the Control Yuan 監

察院’ presented at SOAS China History Seminar, 3 December

2015.

Caldwell, Ernest, 留 學倫 敦 大 學亞 非 學院 與英 國 法 律界 執

業 [Studying Law at SOAS and Introduction to the UK Legal Profes-

sion] at National Taiwan University College of Law, 8 March 2016 [in Chinese].

Ercanbrack, Jonathan, gave a Keynote Speech: ‘The Transformation of Islamic Law in Global Financial Markets,’ hosted by L'ecole des Hautes Etudes en Sciences Sociales as part of the lecture series: Islam et le novel esprit du capitalisme Paris, 7 April 2016.

Foster, Nicholas, ‘The Financial Sharia as Law and as Ethics: A Suggestion’, presented at the 10th LSE Islamic Fi-

nance Workshop on Islamic Infrastructure Finance, Sustainable Development Goals (SDGs), and the Environ-

ment, 12 February 2016.

Hu, Yuanqiong, organised a workshop on ‘Multinational Enterprises and Environmental Justice: Laws and Implica-

tions of Shell Nigeria and BP Colombia Cases’, LEDC Seminar Series, SOAS, 24 February 2016.

Hu, Yuanqiong, presented a WIPO-WTO Advanced Course on Intellectual Property for Government Officials, Gene-

va, 14 March 2016. The participants were representatives from 24 developing countries together with a

range of other officials.

Hu, Yuanqiong, ‘Patentability as a Social Legal Bargaining: Discussions on Second Medical Use Patent in the Context

with focus on Lyrica Case UK,’ presented at Social-Legal Studies Association Annual Conference, Lancaster

University, 5-7 April 2016.

Hu, Yuanqiong, ‘Three Patent Law Revisions and One More: Relevance and Dilemmas concerning Access to Medi-

cines and Innovation in China’, presented at Centre of East Asian Law, School of Law, SOAS, University of

London, 18 April 2016.

Jenkins, Catherine, gave invited lectures on human rights, Université de Paris X, 24-25 March 2016.

Jenkins, Catherine, participated as a discussant in the annual New South Africa Review Workshop in Johannesburg

on 31 March-1 April 2016.

Jenkins, Catherine, at the invitation of NIOD (The Institute for War, Holocaust and Genocide Studies), part of The

Royal Netherlands Academy of Arts and Sciences, presented at an event entitled ‘What did the truth bring

South Africa?’ The Hague, 26 April 2016. This event marked the twentieth anniversary of the start of the

hearings of the South African Truth and Reconciliation Commission.

Lee, Chung-Hsein, ‘The Intertwined Climate Politics and Climate Governance – Observing from Taiwan’s Green-

house Gas Reduction and Management Act,’ presented at the 13th Annual Conference of the European Asso-

ciation of Taiwan Studies (EATS), Prague, 30 March-1 April 2016.

McIlroy, David, ‘Interest Rate Swap Mis-selling: Where Are We Now?’ presented in MBL Seminars, Edinburgh, 19

January 2016.

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McIlroy, David, ‘What’s Next for Exclusion Clauses?’ pre-

sented at Cook Young & Keidan, London, 26 January

2016.

McIlroy, David, Debates with Professor Kevät Nousiainen,

‘Are Human Rights Right for All?’ University of Hel-

sinki, 14 March 2016; University of Turku, 15 March

2016.

McIlroy, David, ‘What is it Right to Teach about Human

Rights?’ presented at University of Oulu, Finland, 16

March 2016.

McIlroy, David, Debate with Jukka Viljanen and Paul Abbey, ‘Are Human Rights Right for All?’, University of Jyväsky-

lä, 17 March 2016.

Mahy, Petra, ‘The Functional Approach in Comparative Socio-Legal Research: Reflections Based on a Study of Plural

Work Regulation in Australia and Indonesia,’ presented in the Methodology and Methods Stream at the So-

cio-Legal Studies Association Annual Conference, Lancaster University, 5-7 April 2016.

Mahy, Petra, ‘The Comparative Evolution of Company Law in Indonesia, Malaysia and the Philippines: Colonial Poli-

cies and their Legacies,’ presented in Law’s Empire? Justice, Law and Colonialism Stream at the Socio-Legal

Studies Association Annual Conference, Lancaster University, 5-7 April 2016, and also presented at a work-

shop on The Influence of Colonies on Commercial Law and Practice, Fiskars, Finland, 6-8 January 2016.

Oette, Lutz, ‘Last Rights: Cross-Border Deaths on the Journey to Europe: Toward a Legal Framework’, Legal Consul-

tation, LSE, 14 April 2016, Presentation on Reparation.

Oette, Lutz, Online Conversation Leader on the topic of ‘Protecting Survivors and Witnesses’, New Tactics in Human

Rights, 18-22 April 2016.

Ohdedar, Birsha, ‘Adaptation to Climate Change in Groundwater Law – Recent Reforms in British Columbia, Canada

and England and Wales’, presented at Author’s Workshop on Climate Change and Ground-water: Law and

Policy Perspectives, LEDC/UKIERI, SOAS, University of London, 11 December 2015.

Onyema, Emilia, moderated a half-day conference on ‘The Urgency of Greater Participation by African Stakeholders

in Arbitrations Involving African Interests,’ hosted and co-organised by Shearman & Sterling LLP, London

Offices, and International Chamber of Commerce (ICC) Young Arbitrators Forum (YAF). This event was

attended by over 100 participants, and a summary of proceedings and photos was published in the Global

Arbitration Review (GAR).

Onyema, Emilia, delivered the Transnational Justice Lecture for the Transnational Justice Lecture Series by

Georgetown University at Gray’s Inn, London. She spoke on ‘OHADA Commercial Law Harmonisation Tool

and its Impact on Africa’.

Suresh, Mayur, discussant at a conference titled ‘Legal Transfer within the Common Law World,’ hosted and co-

organised by: The Centre for Critical European Law, Birkbeck, University of London and Max Planck Institute

for European Legal History, Frankfurt, 18 February 2016.

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Suresh, Mayur, presented in a panel discussion on Sedition and the Nation, at Somerville College, University of Ox-

ford, 8 March 2016.

Suresh, Mayur, ‘Magical Horrors and Absurd Realities: the Law of the Police in a Terrorism Trial,’ presented at the Contemporary South Asia Seminar Series, University of Oxford, 4 February 2016.

Suresh, Mayur, participated in ‘Homonationalisms and Criminalised Queers: A Panel Discussion about Global Sexu-

al Politics’, Birkbeck, University of London, 16 March 2016.

This SOAS School of Law Research Newsletter was edited by Dr Petra Mahy.

To submit material to the newsletter, please email: petra.mahy@soas.ac.uk