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Strathclyde Postgraduate Law Conference 2016

Programme

Visualising the Law

27th 28th October 2016

Table of Contents

Conference Theme: Visualising the Law3

Day One - Thursday 27th October 20164

Day Two Friday 28th October 20166

Image One Abstracts9

Image Two Abstracts19

Image Three Abstracts26

Image Four Abstracts30

Image Five Abstracts34

Image Six Abstracts37

Conference Theme: Visualising the Law

Conference streams are typically organised around sub-fields, e.g. Environmental Law, Human Rights Law, or Intellectual Property. This structure has many benefits, but it means that researchers working in different areas can be prevented from making connections with researchers in other areas. It also means that researchers working on interdisciplinary topic can get shoehorned into a stream that doesnt quite fit. This years conference is designed to bring researchers together using a series of images that will act as conference streams.

The six images have been carefully chosen by the conference committee to act as cues to develop a paper. Presenters were asked to consider the six images in relation to their research and consider what do these images represent to them? Did any of the images make them think of the questions or concepts that they are exploring in their research?

The theme is partially inspired by Sionaidh Douglas-Scotts book Law after Modernity, in which she uses images to illustrate her points. The idea of organising the conference around images might be a welcome twist on the traditional postgraduate law conferences.

Day One

Thursday 27th October 2016

11am 12pmRegistration

12pm 12.30pmWelcome, Professor Nicole Busby, Head of Law School, University of Strathclyde (Confucius Room)

12.30pm 2pmSession One

Panel 1: Image One (Confucius Room)

Emilia Larrachea Formas (Academy of Christian Humanism University, Chile), Hands Clasped on Refugee Law

Agneta Rumpa (University of Latvia, Latvia), Hand to hand Europe and the Union

Eliza Kompatsiari (Aristotle University of Thessaloniki, Greece), The positive right to die in cases of physically incapable to commit suicide people, that also suffer an objectively torturous life

Panel 2: Image Two (CW 507)

Dina Abuzaid (University of Stirling, UK), Criticism to Takaful Insurance Based on the Duty of Good Faith in Saudi Arabia

Luigi Francesco Pedreschi (European University Institute, Italy), Shrinking Space: Public Services in EU Trade

Katy Proctor (Glasgow Caledonian University, UK), Visualising Stalking

Panel 3: Image Six (LH 104)

Kristina Cufar (European University Institute, Italy), Law and Us - - - the Space(s) In-Between

Alicia Danielsson (University of Abertay Dundee, UK), Between Supranationalisation and Competing Concepts of Public Interest and Public Morality: Prostitution Between Article 26 and Article 72 TFEU.

Sofia Stolk (Vrije Universiteit Amsterdam, the Netherlands), Eminence and Authority on a Human Scale: the Architectural Considerations of the International Criminal Court

Ilaria Zavoli (University of Leeds, UK), The Architecture of International Criminal Justice: International Criminal Courtrooms and Trials in Absentia

2pm 2.15pmBreak

2.15pm 3.15pmKeynote Speaker: Dr Saskia Vermeylen,

University of Strathclyde (Confucius Room)

Drawing Lines in the Sand: Performativity of Terra Nullius and Native Title Claims

3.15pm 5pmSession Two

Panel 4: Image One (CW 507)

Cesar Romero (University of Dundee, UK), Self-Regulation as a Way to Improve the Relationship between Mining Companies and Communities: the Theoretical Case of Colombia

Adriano Zambon (University of Milan, Italy), Property: An Untouchable and Invisible Concept

Panel 5: Image Five (LH 104)

William John Rennie (University of Strathclyde, UK), Teaching an Old Dog New Tricks: Modernising the International Labour Organizations Approach to the Right to Strike

Tania Sebastian (VIT School of Law, India), Let Go and Move On (to Greener Pastures): Repercussions in the Copyright World

Paulina E Sikorska (University of Southampton, UK), Air Law or Space Law That is the Question Does International Space Law Still Need a Demarcation Line?

6pm 7pmCivic Reception

Glasgow City Chambers, George Square

7.30pm 10pmDinner at City Merchant Glasgow

Day Two

Friday 28th October 2016

8.30am 9amRegistration

9am 10.30amSession Three


Domenico Carolei (University of Aberdeen, UK), Accountability of Civil Society Organisations: Towards a Beneficiaries-Orientated Approach in Self-Regulation

Janis Judson (Hood College, USA), The Politics of Truth and Reconciliation

Alexandra Lily Kather (Middlesex University London, UK), The Legal Protection of Mass Graves

Panel 7: Image Two (CW 404B)

Gareth Evans (Aberystwyth University, UK), Plurality and the Nation-State: The UKs Constitutional Impasse

Renske Vos (University of Edinburgh, UK), La Rue de La Loi

Panel 8: Image Six (LH 104)

Felicity Belton (University of Glasgow, UK), Intersectionality and Responses to Forced Marriage

Mohammad Hazrati (Queen Mary University of London, UK), Multinational Enterprises; Human and Labour Rights

Jennifer Mike (University of Exeter, UK), Reconceptualising patents as Tools for Health and Human Development: Enhancing Access to Medicines in Developing Countries

Anuj Kumar Vaksha (Guru Gobind Singh Indraprastha University, India), Development Sharing within the Framework of the Contemporary International law Paradigms and Perspectives

10.30am 10.45amBreak

10.45am 11.45amSession Four

Skills Workshop: Visual Methods in Legal Research, Karen Richmond (with assistance from Amanda Perry-Kessaris, University of Kent) (LH 104)

In keeping with the theme of this year's conference, we will be hosting a workshop on Visual Methods in Legal Research, developed in tandem with Professor Amanda Perry-Kessaris of Kent Law School. The workshop will utilise visual media, objects, and three dimensional models, in an attempt to explore the potential for non-textual sources to communicate, and facilitate discussion about, our perceptions and expectations of law and legal research.

Panel 9: Image Two (CW 404B)

Kayahan Cantekin (European University Institute, Italy), Spaces and Flows in Private International Property Law

Eva Viksna (University of Latvia, Latvia) Guardians of Privacy: In Search of New Means

Panel 10: Image Three (Confucius Room)

Khalid Al-Shaaibi (University of Strathclyde, UK), Theft of Trade Secrets and the Offences of Dishonesty: Is the Criminal Law Losing the Case?

Ivan Pukr (Masaryk University, Czech Republic), The Role of International Custom in International Investment Law

11.45am 1pmLunch

1pm 2.30pmSession Five


Esther Alobwede (London South Bank University, UK), Implementing Third Generation Human Rights: the Case of the Right to Development

Luigi Lonardo (Kings College London, UK), Protecting Who is Dependant: Torture and Disabled People

Ziyana Nazeemudeen (University of Aberdeen, UK), Determining the Best Interest of the Child in the Context of Cross Border Surrogacy Arrangements: An Appraisal of Conflict of Policies and Rules in the UK

Panel 12: Image Two (LH 104)

Ezgi Ediboglu (University of Aberdeen, UK), Making laws for the modern consumer: is law there to lead or to adapt?

Paul Lynch (Trinity College Dublin, Ireland), Perspective

Corsino San Miguel (University of Glasgow, UK), The Dysfunction of the Criminal Law

Panel 13: Image Four (CW 404B)

Obinna Edeji (University of Exeter, UK), 'The Implementation of the Right to Education, a Proposal to Reconceptualise the Theoretical Basis for Education Implementation'

Zeynab Malakoutikhah (University of Leeds, UK), Freedom of Expression or Respect for Religion

Nina Miller Westoby (University of Glasgow, UK), EU Free Movement and Keeping the Home Fires Burning

2.30pm 3pmCoffee Break

3pm 4.30pmSession Six

Panel 14: Image One (LH 104)

This panel has been cancelled due to the unavailability of 2 presenters. Eliza Kompatsiari has been moved to Panel 1.

Panel 15: Image Three (CW 404B)

Mary OConnor (Queens University Belfast, UK), Navigating the Choppy Waters of International Surrogacy

Katy Sowery (University of Liverpool, UK), The Relationship Between the Primary Sources of EU Law: to What Extent May the general Principle of Legal Certainty Outweigh the Principle of Primacy Under EU Law?

Panel 16: Image Four (Confucius Room)

Alessandra Cuppini (University of Strathclyde, UK), From Retributivism to Expressivism: Reconciling Victims Participation before the International Criminal Court and the Political Dimension of the International Criminal Justice System

Pinar Oruc (Queen Mary University London, UK), An Analysis on Orphan Works

Negar West (University of Leeds, UK), The Case of Directors' Duties in Iran: What the Experts Say.'

4.30pm 5pmClosing Speech: Dr Sarah Edwards, Associate Dean (Postgraduate Research) and Director of HaSS Graduate School (Confucius Room)

Image One

Abstracts

Esther Alobwede (London South Bank University, UK)

Session Five, Panel 11 (28th Oct)

Implementing Third Generation Human Rights: the Case of the Right to Development

Two hands lifted up, coming from the same person. Right to development to either be implemented as a binding legal treaty or as soft law. Both methods of implementation will see the right to development become an international law. However, if the right to development is implemented as a binding legal treaty, it will become part of international law quicker but will lack universality as less states a willing to acknowledge it as law. On the other hand the right to development could be introduced to the international community as soft law and gradually with time it will attain universal acceptance and become customary law and hence become part of international law, albeit that this process is slow. Two hands lifted up toward the same goal, two methods of implementing the right tide elopement which will result in the same end, that is the right to development becoming part of international human rights law. This submission therefore proposes that soft and hard law complement each other and could work towards the same goal.

Domenico Carolei (University of Aberdeen, UK)

Session Three, Panel 6 (28th Oct)

Accountability of Civil Society Organisations: Towards a Beneficiaries-Orientated Approach in Self-Regulation

There have been calls for greater accountability of Civil Society Organisations (CSOs) for their actions, due to their growth in terms of size, power and influence. Academics and practitioners have shown that CSOs tend to follow a donor-centric approach when it comes to accountability. The lack of accountability to beneficiaries is a serious concern as the legitimacy of CSOs depends on their actions for their beneficiaries. Metaphorically, Image 1 could represent the beneficiaries who demand CSOs' accountability from a bottom-up perspective. In academic debates, the tension between accountability to donors and beneficiaries is a vexed issue. The lack of accountability to beneficiaries also has implications for self-regulation that has become the main means through which CSOs define common norms to address their accountability deficit. The purpose of this paper is to assess the extent to which self-regulation can be constructed following a beneficiaries-oriented approach, facilitating future developments of soft-law instruments within civil society. After assessing the status of self-regulation in reinforcing beneficiaries accountability, it is argued that a) more empirical research is necessary to test and prove the effectiveness of self-regulation, employing a beneficiaries-oriented approach; b) future reforms should be guided by criteria of simplification and flexibility, paying more attention to recent innovations aimed at reinvigorating beneficiaries accountability.

Emilia Larrachea Formas (Academy of Christian Humanism University, Chile)

Session One, Panel 1 (27th Oct)

Hands Clasped on Refugee Law

Refugee law in a holistic view as a part of the International Human Rights Law and Humanitarian Law, the shortages that have been exposed with the influx of refugees towards Europe, the cloak of darkness that covers the acts of gender-based violence against forced migrants, are reflected in depth in the proposed Image 1. While the watch reminds us of the need for prompt action to implement the Women, Peace and Security agenda, the rings talk to us about family rights, beliefs, cultural backgrounds and social life.The interesting proposal ofVisualizing the Law Conferenceinvites Deleuzian digressions about dogmatic image, image of law, creativity, but also brings forward legal linguistics...This essay tries eagerly throughout Image 1 to cover these topics and visualize concepts, which emergevarious questions about the future of the law.

Janis Judson (Hood College, USA)


The Politics of Truth and Reconciliation

The first photo of raised hands is linked to my ongoing research on restorative justice and truth commissions. I am one of the first scholars to begin investigating the need for a truth and reconciliation commission in the U.S. for atrocities committed historically and currently against our indigenous peoples. I participated in the Canadian Truth and Reconciliation Commission to understand the complexities of such an institution; I travelled extensively in the American West interviewing Native Americans about the reconciliation process and have presented my findings at several academic conferences. The image of the raised hands is a perfect symbol to address the real struggles of forgiveness and accountability between government and victims. It is also a vision about the peace process and the move toward healing as well as a method to understand the restorative justice principles of a TRC. The truth commission process provides a platform for victims to share their personal narratives of abuse. It also establishes an authoritative record of human rights violations and finally it offers a way to secure responsibility on the part of perpetrators--- even if it is the official government that committed the harms. The raised hands are an exquisite reminder of those concepts of transitional justice.

Alexandra Lily Kather (Middlesex University London, UK)


The Legal Protection of Mass Graves

I chose image 1 as the one that relates to my research on the lack of legal protection for mass graves during and the aftermath of mass violence. The image strongly reminded me of the story of Rasho Qassim who drives daily past the graves holding the bodies of his two sons close to Sinjar mountain, northwestern Iraq, which I came across in an Associated Press publishedresearcharticle of 30 August 2016 revealing that at least up to 15,000 bodies are buried in mass graves in Iraq and Syria, still excluding those areas which cannot be access due to security concerns. Despite the fathers deep wish to be reunited with his sons, he was told he has to wait for a committee to exhume their grave. He is waiting since two years for the political will and money for the excavation while his agony continues and the evidence of the crime committed diminishes by the day. The hands could very well be his and my presentation at the conference would be dedicated to him. My research asks questions such as what responsibilities do states have when a mass grave of international dimension is found on its territory and how does international and national law respond to such a situation? In how far is or can the right to truth, an emerging international human rights law, be incorporated in such legal provisions?

Eliza Kompatsiari (Aristotle University of Thessaloniki, Greece)


The positive right to die in cases of physically incapable to commit suicide people, that also suffer an objectively torturous life

To me, this is an image of despair. The legal perspective of a situation of absolute despair is analyzed in the paper, which deals with the positive right to die of people physically incapable to commit suicide, who suffer an objectively torturous life. In the picture, the hands are being raised as if the person in despair is looking for a solution from a superior power. But, could the solution in the abovementioned cases come from the society itself? And what would the legal basis of such a solution from the society be? Would the society be obliged to grant a positive right to die to someone based on the primacy of the individual self or could the recognition of the right to die also be based on the status of a person as member of a society and the inherent to the concept of society element of fellowship, which in the paper stands for the bond that connects all members of a society? The paper argues that the non-recognition of the right to die in cases of people incapable to commit suicide, that also suffer an objectively torturous life, is subject to the legal absurdity of law setting aside the inherent to the concept of society element of fellowship by turning members of a society into enemies.

Luigi Lonardo (Kings College London, UK)


Protecting Who is Dependant: Torture and Disabled People

Image 1, which shows hands possibly seeking or receiving help from above, evokes dependence, if not helplessness. This contribution is therefore aimed at exploring the rights of disabled persons who are dependent on external help, with a focus on the freedom from torture enjoyed by disabled people in care institution, as it follows from Article 2 Convention Against Torture (CAT) and Article 15 of the Convention on the Rights of Persons with Disabilities. The paper proposes and defends the thesis that the segregation of a disabled person in a care institution can be considered torture under Article 1 CAT if it is done without obtaining the free and informed consent of the disabled, and the person suffers severe pain while detained, as it is a discriminatory measure. International bodies have not so far upheld this interpretation, and have instead accepted that the long-term detention of a person in prolonged physical restraints did not violate international conventions because such treatment was a form of medical necessity. The State is responsible if a public authority was involved in the process to a sufficient degree, for example if the Court had awarded damages for the disability or appointed a Deputy.

Ziyana Nazeemudeen (University of Aberdeen, UK)


Determining the Best Interest of the Child in the Context of Cross Border Surrogacy Arrangements: An Appraisal of Conflict of Policies and Rules in the UK

Principles and policies are two different hands of claims. Judges always face challenges in balancing interests in hard cases, where there are conflicting claims of policies and principles are involved. One such example can be drawn from the judicial intervention in upholding the best interests of the child in the context of cross border arrangements.The United Kingdom regulates surrogacy arrangements, with the aim of upholding the best interests of the child.However, the judiciary faces the challenges of balancing the policies that underlie the legislation and upholding the principle of the best interests of the childin granting parental order. As such it shows a vacuum in regulation of surrogacy arrangements in the UK in determining the best interests of the child in the context of cross border surrogacy agreements.Hence, this paper argues that regardless of domestic legislation, upholding the best interests of the child has become challenging, as there is no consensus at the international level as to what constitute the best interests of the child.

Cesar Romero (University of Dundee, UK)

Session Two, Panel 4 (27th Oct)

Self-Regulation as a Way to Improve the Relationship between Mining Companies and Communities: the Theoretical Case of Colombia

Hands towards the air, asking for help, for improvements. Hands that are raised as if they were trying to give something to their superior or a superior entity, such as the Government. This is the current discussion in Colombia: the need to keep giving high royalties and rents compared against the disconformities of the communities inside and outside the area of influence in mining operations. Since the last commodities boom, all actors in the Colombian mining sector have been waiting for Government regulations to improve investment, operational conditions, corporate social policies and the countrys welfare. It has not happened yet. Even worse, Congress or the Constitutional Court have made it harder to promote and regulate the mining sector and for the mining companies. Companies and communities might explore self-regulation alternatives, particularly when mining may play a role in the implementation of the peace agreement between Colombia and the FARC. The Colombian mining legislation allows to apply a definition of self-regulation that theoretically permits companies and communities to improve their relationship. This analysis will present three examples: co-regulation via mining-environmental guides, an improvement of mining companies reputation, and self-regulation in mining legalisation processes through legalisation contracts.

Agneta Rumpa (University of Latvia, Latvia)


Hand to hand Europe and the Union

The European states and the European Union are two hands belonging to the same body European people. Yet these two hands no longer act in a concert, as become overwhelmed by sort of mental disturbances. The states have reacted to the recent crisis in the region, such as the refugee arrival and the terror attacks, by cutting pan-European relations, the most extreme example being the unfortunate happening of Brexit in the Great Britain. The author will argue that inthis millennia, where thanks to the internet the world has already become irreversibly interconnected and borderless, such approaches are ineffective not to say dangerous. The reasonable response would be in fact the increasing and bettering the European integration. The focus of the paper will be the interaction between the scopes of competences of the EU and the individual member states. Author will propose that in certain areas such as the security more powers shall be given to the Union, whereas in return people shall have more direct say in the decision making in the EU. In short that the states and the organization shall return to work hand in hand.

Adriano Zambon (University of Milan, Italy)


Property: An Untouchable and Invisible Concept

Reaching out in the darkness can be read as the impossible attempt to touch something that cannot actually be touched or viewed. This is why image 1 can be interpreted as the perfect representation of a specific idea: the concept of property is not tangible and cannot be visualised, because it is not reducible to physical entities nor to physical states of affairs. The rings, the watch and the sweater in the same image are the only objects that can be touched or viewed by the person who is wearing them, but they cannot capture the meaning of the word property: in fact, that person could not even be their owner. This thesis can be traced to many legal philosophers who tried to study the concept of property. Jeremy Bentham, Karl Olivecrona and Tony Honor are maybe the most well-known representatives of such a view: their works clearly show that property can never be reduced to goods nor to possession. This is the reason why it cannot be represented by any picture. The meaning of property is rather given by a set of normative sentences, whose content can change depending on different legal systems

Image Two

Abstracts

Dina Abuzaid (University of Stirling, UK)


Criticism to Takaful Insurance Based on the Duty of Good Faith in Saudi Arabia

Since the constitution of Saudi Arabia is Sharia law, this motivates all Saudi laws, regulations, and rules. Insurance law is influenced by Sharia approach and provisions. Consequently, the conventional insurance is prohibited by the majority of Islamic scholars because of several reasons; and Takaful insurance, Islamic insurance, is established. However, several strong criticisms are met Takaful insurance due to the nature of the donation basis. As a result, the existence of Takaful insurance is a controversial point especially in regard to insurance principles, in particular the duty of good faith. Accordingly, the meaning and relevant concepts to the duty of good faith are needed to be considered under the Islamic perspective. This leads to the main problem, which is the evaluation of the basis of Takaful insurance depending on the duty of good faith. Is it a donation basis or a commercial basis? Answering this question will participate in understanding further legal impacts of the commercial nature on Takaful insurance contracts. The result is that a reconsideration of the conventional insurance is recommended. This is by using a critical method to Sharia law. In conclusion, insurance contracts should be considered as commercial contracts to exist further obligations regarding insurance principles.

Kayahan Cantekin (European University Institute, Italy)

Session Four, Panel 9 (28th Oct)

Spaces and Flows in Private International Property Law

An office block in a global city, occupied by offices of international law firms. In each room of this office block, conflicts ofother placesare being played out: conflicts arising from actions taken in far away countries, landed in this building by the operation of forum selection agreements, arbitration clauses, or the arcane dogmas of private international law. Discussions on private ordering or global law regularly consider the concept ofspaceonly in relation to abstract territorial jurisdiction. However we must also consider the significance ofspaceas epitomised here by our office building, a physical node in the global legal network. In the context of international commerce in pure-information products traded over digital networks, access to these spaces will determine and supplant the meaning of access and use of information networks. This paper will seek to explain how spaceis key concept in critically analysing the solutions private ordering and private international law practice has come up with to the paradox that international trade in pure-information products inescapably creates: That territorial intellectual property rights can only be protected meaningfully when they are protected universally, and that exploitation of territorially protected intellectual property usually cannot be territorially limited.

Ezgi Ediboglu (University of Aberdeen, UK)


Making laws for the modern consumer: is law there to lead or to adapt?

We are alienated from all realities of life; living our lives in glass buildings without understanding the hardship of production of vital services. Today, we do not need to go the fields to eat vegetables, or kill an animal to eat meat. Somebody is doing all these for us. As a result, we do not hesitate to consume. Law is trying to catch up with consumption based modern life-style in many areas of life such as technology (information technology law, cybercrimes). For example, environmental law tries to stop the damage caused by human exploitation (to produce and consume); or energy law creates greatest technologies to produce adequate energy for essential needs such as kettles. Consumption is not only about commodities but also emotions, relationships. Family law deals with consumption culture on human relationships. Today, law is serving to our recently created problems as a tool. However, is law a mere governmental tool; or is it also a power to lead society? Is there a balance between using law as a tool or power? In either way, what were creation aims and reasons of law previously and what has changed today? These questions will be answered for the conference.

Gareth Evans (Aberystwyth University, UK)


Plurality and the nation-State: The UKs Constitutional Impasse

Looking atImage 2, a modern high rise building comprising of a myriad of rooms/offices, each with their own individual characteristics, one gets a glimpse into the constitutional structure of the United Kingdom. The United Kingdom is undisputedly a plurinational state, and similarly to the high rise building, the UK itself provides only the structure for which the plurinational elements exist within. On the face of it, everyone living within the building could be classed as British, however, those of the third floor sayScotland would very much like to see themselves as a unique entity existing within the building, similarly to say a company existing within an office block. Expanding this theory to the supra-state say the city within which the high rise stands one further muddies the waters of identity and attachment. Therefore, in order to understand the constitutional structure of the United Kingdom, one must first understand the sociological relationships which exist within the around the said structure. On this basis it will be the aim of this presentation to investigatethe socio-legal factors which influence shifting loyalties within the United Kingdom, and the effect this has on the overarching constitutional structure.

Corsino San Miguel (University of Glasgow, UK)


The Dysfunction of the Criminal Law

The widely recognized function of the law of maintaining social order,letting people know what to expect from others, is contested in criminal law. Instead, the commonlydys-function credited is punishment justification. In this paper, I claim that the central function of the criminal law does not differ from the commonly accepted purpose of the law:personal guidance and maintenance of others institutional expectations. Criminal law guides but also discloses to others what they can expect from us making social order or civility feasible. Criminal law in this way attains its material legitimation from the need to secure the institutional identity of the society against those conducts that contravened the general normative model of orientation or guidance in social interaction that the institutional structure defines. Only within this framework criminal punishment can be legitimated as a means to guarantee the validity of the institutional normative framework collectively recognized.

Paul Lynch (Trinity College Dublin, Ireland)


Perspective

Law a discipline that is heavily reliant on analogy especially in common law traditions rarely, if ever, resorts to visual imagery to explicate its place or more properly its omnipresence in our world. One may perceive law as an insular pursuit or on the other hand as boundary less entity.

Image No 2 captures the essence of both the global and insular view of law in the modern world. The image depicts the phenomena set out below (Figure 1):

HIERARCHY

VULNERABILITY TO EXTERNAL FORCE

DISJUNCTION

Interdependence/connectivity

POTENTIAL FOR DISORDER

PERSPECTIVE - INTERPRETATION

Privacy/Insularity

Linearity/Order

Diversity

Figure 1

How is my area of research namely common law breach of the peace (CLBOP) transposed to the canvas represented in image No 2? Disjunction has the potential to create tension which gives rise to the potential for disorder which triggers the intervention of the pre-emptive/preventative authority vested in the state CLBOP. This intervention calls for interpretation of the claims arising from the vulnerability to external force interpolated by the perspective of the parties concerned whether the state agent or the individual. Is the intervention (CLBOP) a sword (positive authority) or a shield (immunity) or is the individual claim in opposition a sword (positive right) or a shield (residual right)? The tension between individual and individual and the state and an individual is ongoing. The relationships at once insular and interconnected. The tension fuelled by varying perspectives and the legitimacy of state intervention.

Luigi Francesco Pedreschi (European University Institute, Italy)


Shrinking Space: Public Services in EU Trade

Above is an office building at night. Some of its windows have their lights on and some have them off. Consider each window an economic sector that a trade agreement may apply to. When the light is off, the agreement applies; and, when on, it will not. As the night draws in and the office workers head home, the number of windows with lights on become fewer and fewer. The dark space grows and the light space shrinks. This is a useful way to think about what is currently taking place in EU trade. In its new trade agreements, such as TTIP and CETA, it will depart from its traditional treatment of public services. Notable changes include the move from the positive to negative listing of commitments and the inclusion of investor-state dispute mechanisms. Such changes will alter the extent to which the efficacy of trade rules are balanced with space for public service provision with the former being treated more favourably. The effect, like above, will be to increase the sectors to which the agreements apply to and in turn shrink the space available for public service provision. The purpose of my research is to examine the extent to which space (or light) continues and how this may affect the rules relevant to public services within the EUs internal legal order. In other words: as the night draws in, how many lights will be left on?

Katy Proctor (Glasgow Caledonian University, UK)


Visualising Stalking

Image 2 illustrates how a victim of stalking can experience the world around them. Subjected to unpredictable abuse and surveillance, an individuals world can stand still, unable to move for fear, whilst the lives of others carry on around them. They may see lights of hope being turned on as others are made aware of their predicament but many of those lights go off when friends become bored or frightened or when the criminal justice system can see no evidence of stalking. An individual can be left standing alone, silently weathering their storm but inevitably showing signs of corrosion. Scottish legislation defining stalking is robust and comprehensive, however, its interpretation within cultural and institutional norms can leave victims isolated and perpetrators unpunished. Thought of as a romantic gesture its severity is often minimised. Its designation as a course of conduct is often forgotten and investigations conducted on an incident by incident basis can conceal potential evidence and witnesses. Using data collected from an online survey and unstructured interviews with victims of stalking in Scotland, this paper will illustrate how an alternative visualisation of stalking could help us provide a more effective and supportive service to those living with stalking.

Eva Viksna (University of Latvia, Latvia)


Guardians of Privacy: In Search of New Means

There are side-effects to all the benefits that new technology brings, and privacy is a perfect example of that. In many ways our private life has become increasingly vulnerable our lives are showcased like the offices in the skyscraper to nosy neighbours or government drones. But we need not completely despair we could use curtains, i.e. safeguards to protect privacy. However, as surprising it may seem, we are not always in the best place to protect our rights. To continue the analogy - our workplace should take care of the office and hang the curtains. I.e. we trust all kinds of third persons our workplace, social media companies, banks etc. and hope that they will have the necessary mechanisms to guard our data. While there are safeguards from interventions from other private persons, the protection from state is insufficient. This submission argues that greater protection can and should be granted to third parties that guard our data from state interference too. Namely, protection of right to privacy should be extended to encompass these legal persons (e.g., we can draw inspiration from the aims behind the protection of correspondence of businesses).

Renske Vos (University of Edinburgh, UK)


La Rue de La Loi

The walk up the Rue de la Loi (lit: Street of the Law) towards the Rond Point Schuman is the same for all my fieldwork interviews with EU officials. The architecture along this street is very much the reality of the EU. The addresses of the famous institutions indicated with LEX followed by a street number. I recall my bemusement at finally seeing these facades, my surprise that these institutions really exist. Simultaneously, the reality of the EU is elsewhere, as most people do not meet the EU here in Brussels, but encounter it in writing, in media, or online. As a backstage, this street reveals an unchoreographed hotchpotch of buildings. Un-communicative choices of marble, concrete, pillars, steps, greenery, steel, height, all right next to each other. This paper does not approach the buildings along this street as a metaphor for systems or constructs. It engages with what is actually there. How these buildings have people sitting in them, managing crises from behind desks, staring at screens, burning the days. The buildings do something: they shape people and their practices. This street is a visualisation of how the EU works, a reflection of the ad-hoc, improvised EU legal landscape.

Image Three

Abstracts

Khalid Al-Shaaibi (University of Strathclyde, UK)


Theft of Trade Secrets and the Offences of Dishonesty: Is the Criminal Law Losing the Case?

The criminal law is the most trusted legal machinery to protect social values and interests. Trade secrets are now deemed the currency of the information age and for many businesses, their confidential commercial information may well be the most valuable asset. Nevertheless, the current property offences do not seem able to catch the intangibility of information or the peculiarity of misappropriation. This tends to contradict the chief concern of the criminal law as to prohibit wrongful harm to people interests. To visualise the problem, the rising tide of criminal law, surprisingly, does not lift up all the threaten boats. This could undermine the credibility of criminal law as the safest harbour to safeguard boats that carry important social values and legal interests. This paper is an interdisciplinary investigation into the criminalisation aspects of IP law. It would argue that know-how is a special type of asset capable of being misappropriated by criminals. Thus, the harmfulness and wrongfulness associated with trade secrets misappropriation should trigger a plausible case to be met with the navy power of criminal law, which should not be harboured unduly to the traditional tangible goods.

Mary OConnor (Queens University Belfast, UK)

Session Six, Panel 15 (28th Oct)

Navigating the Choppy Waters of International Surrogacy

When the intending parents of a surrogate child embark on their voyage to a foreign state, their experiences can be fraught with legal complexities in the destination and receiving state. These difficulties primarily concern the recognition of legal parenthood, the issuing of birth certificates and the establishment of nationality and their consequent impact on the rights of the child. The practice gives rise to the conflict of laws between both jurisdictions whereby a surrogate child born in Ukraine is recognised in the UK as the mother of the child while she has relinquished her rights to the child under Ukrainian law. However, the UK has made legislative provision in the Parental Order system which enables the intending mother and father to be recognised as the legal parents of the child, subject to a number of criteria. It is also clear from recent case law that the jurisprudence of the English courts is evolving to recognise the best interests of the child in all circumstances. The Irish Republic has no legislation, no body of case law and no provision for surrogacy or the legal recognition of the intending mother whether genetic or not.

Ivan Pukr (Masaryk University, Czech Republic)


The Role of International Custom in International Investment Law

From all provided images the most attracted my interest was image 3. Looking at the image as a first, obvious, connection appeared to me maritime transport and maritime law. Maritime transport represented an important instrument for developing international trade during history of humankind. Intensive use of sea also gradually led to creation of different customary rules, which have still importance in current international maritime law. This thought brought me to international custom. Having in mind the fact that in International Law Commission is currently under consideration topic Identification of customary international law, I started to think about role of the international custom in specific field of international law, which is area of my interest and dissertation as well international investment law. This "mind path" brought me to importance of customary rules in international investment law and I decided to examine in my article the contemporary role of custom in the present context of the proliferation of bilateral investment treaties. Article will deal with changing importance of the sources of international investment law in the last decades and will answer the question whether or not customary rules of international investment law remain importance even in light of the present proliferation of bilateral treaties.

Katy Sowery (University of Liverpool, UK)


The Relationship Between the Primary Sources of EU Law: to What Extent May the general Principle of Legal Certainty Outweigh the Principle of Primacy Under EU Law?

The image of a sailor in an unpredictable sea represents a possible way of considering the implications of the tensions that are inherent when exploring an often overlooked issue in EU law; the relationship between the different sources of primary law that the Union protects. The legal issue that is relevant for present purposes concerns the general principles of Union law, in particular legal certainty, in circumstances where they interact with the direct obligations under Union law, such as the foundational principle of primacy established by the Court. The outcome of the interplay between legal certainty and primacy may have the effect of determining whether (and, if so, when) substantive EU law may be enforced within the national legal order. Thus, interactions of this kind necessitate some form of a balancing exercise between the interests reflected at the level of primary law. The grey area (the sea) where Union law ends and national law takes over generates problems, not least as regards the proper way in which the primary law norms are to be balanced against one another in circumstances of their interaction. Achieving a balance between the full application of Union law, by virtue of the foundational principles, and national procedural rules, which may reflect the general principle of legal certainty, occupies almostuncharted territory. This sailor has the task of navigating the boundary (over rough seas) between Union law and national law, but it seems unsure as to which way to go. This almost reflects the Courts approach in the case law, and the divergence between the use of balancing methodologies in dealing with these interactions. Just as an unskilled sailor would (perhaps) have to grapple with the implications of its actions, the Court also has such a responsibility.

Liam Sunner (Maynooth University, Ireland)


Forum Shifting as a Result of TRIPS-Plus Dissatisfaction; Lessons on Rocking the Boat without Capsizing

It is no secret that many of the developed nations seeking higher and more favourable intellectual property protection, where not satisfied with the minimum levels afforded under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This led to many of the nations to seek a rectification, either through revisions to TRIPS or to negotiate additional provisions and standards outside the WTO. This paper will focus on the latter and will analysis the process of forum shifting in relation to the international intellectual property discussion. This paper is divided into three sections of analysis. The first looks to the general background and development of forum shifting following the TRIPS Agreement. Namely, this is to highlight the parties involved, the methods for forum shifting, and its early results. The second part will look at the Anti-Counterfeiting Trade Agreement (ACTA) as a milestone in the forum shifting discussion. This will look at the lessons which where learned, or rather not learned from ACTA. The third part of this paper looks as recent attempts of the TTIP and TTP and what their outcomes will mean for the future of IP discussions.

Image Four

Abstracts

Alessandra Cuppini (University of Strathclyde, UK)


From Retributivism to Expressivism: Reconciling Victims Participation before the International Criminal Court and the Political Dimension of the International Criminal Justice System

Picture 4 evokes the importance to pass down to future generations the memories of historical events. In this sense, the incorporation of a regime of victims participation within the framework of the International Criminal Court (ICC) gave victims a voice in order to make a historical record of mass atrocities. Although the provisions for victims participation suggest that the ICC holds an aspiration beyond the goals of retribution and deterrence, however, the ICC legal framework provided little insight into the ICC purposes. Victims participation raises questions on the consistency of traditional criminal justice theories and advances a potentially change from the way international criminal justice (ICJ) has been conceptualized so far. This renewed perspective is well portrayed by expressivist theories, which shift the emphasis of the ICJ on the messaging value of trial to reaffirm the authority of the law, reinforce the moral consensus and narrate a story. Expressivism envisages participatory rights upon victims, because it is on the victim, as the harmed subject, that such messaging valueof the trial is formed and sent. Hence, the expressivist theory of punishment best captures the nature of international sentencing and defines the role and rights of victims in the criminal process.

Obinna Edeji (University of Exeter, UK)


'The Implementation of the Right to Education, a Proposal to Reconceptualise the Theoretical Basis for Education Implementation'

The 4thimage symbolises reading and writing i.e. education and the human right to education that became part of international human rights law through the 1948 Universal Declaration of Human Rights (UDHR). Thus, this presentation will focus on the dynamics of the human right to education and its complex trajectories particularly that of children as a crucial stage in the development of every individual. The 1948 UDHR heralded a paradigm change premiering education as a human right in international law. However, with the adoption of the bill of rights, there seems to be worrying tension between the states implementation discretion under Article 2(1) of the ICESCR and the fundamental need to comply with Article 13(1) ICESCR in conjunction with Article 1 UDHR. While Article 13(1) requires that the implementation of the right to education must focus the full human personality development, states implementation trajectories are driven by economic development anchored on the human capital theory which has been adopted by frameworks of actions like the Education for All (EFA) and Millennium Development Goals (MDGs).

Zeynab Malakoutikhah (University of Leeds, UK)


Freedom of Expression or Respect for Religion

The right to freedom of expression has been a controversial issue around the world because of the confliction of the right with the right and respect for religions. In my opinion, the paper is related to the image four of the conference stream because it demonstrates the rights to freedom of expression. However, for distributing our thoughts, some requirements are needed that one of them is to respect leading religious matters. Recently, Charlie Hebdo, as a French satirical magazine, has published the cartoon of Prophet Mohammad (the holy prophet for Muslims), which due to the cartoon, 12 people, including journalists and police officers were attacked and killed by two Muslims. After the heinous event, the issue of the right to freedom of expression has converted to the controversial debate because it seems that there is a grave difficulty in determining the line between protecting individuals religion and the right to freedom of expression. Some argued that in order to show freedom of expression without any censorship, also they asserted that media workers are killed only because they turn their right to expression into practice. On the other hand, others believed that the cartoon is defamation of religion and hate speech. It seems that the rights to freedom of expression must be accompanied by respect for others religion.

Pinar Oruc (Queen Mary University London, UK)


An Analysis on Orphan Works

The image shows old photographs and manuscripts, which might be orphan works. Such works are protected by copyright but their owners are unknown or cannot be contacted and they constitute a considerable part of the collections of heritage institutions. Without permission, users would either have risk of copyright infringement, or go through certain steps determined by copyright law, which can be unclear or difficult. It affects the mass digitisation projects and leads to the loss of cultural heritage. The main argument is that while copyright aims to balance the interests of the right holder and the public, it fails considerably with regard to orphan works. Some cases and solutions from US and EU will be examined, including Authors Guild v Google, fair use, Europeana, Orphan Works Directive, UK orphan works scheme and extended collective licensing. After evaluating the existing situation and comparing potential solutions, most suitable one will be identified. Some suggestions will be made on the diligent search requirement, increasing commercial and non-commercial uses of orphans and decreasing future orphans. In any case, the solution should be clear, easy to implement and should re-adjust the balancing of parties interests.

Negar West (University of Leeds, UK)


The Case of Directors' Duties in Iran: What the Experts Say

Dipping ones quill pen in ink and putting it to parchment is today no longer the most effective means of annotating our thoughts and producing transcripts of spoken word. The usage of the once unrivaled pen died down due to the arrival of new alternatives that were deemed superior. Today in 2016, the pens are seen as collectors' items and nothing more than a reminder of a day gone by. Were one to visit a library or a coffee shop today and begin writing with a quill pen they would certainly feel out of place adjacent to a generation that is carrying out the same task with smart phones, tablets and laptops. Directors duties in Iran, when compared to the practices of other jurisdictions, is similar to that one person sitting in the library using a quill pen whilst their peers are operating with the tools of a more advanced generation.The duties were made many years ago and whilst they were once useful for the period when they were made, they are insufficient for the modern day in which exist.This presentation will explain directors duties in Iran and consider how they can be considered outdated for the economic environment which Iranian companies operate in today.Consideration will also be given to how other jurisdictions have modernized with the times and allowed legislation advances in directors duties to come in to force.

Nina Miller Westoby (University of Glasgow, UK)


EU Free Movement and Keeping the Home Fires Burning

The bundle of notes and photographs evoke in me a sense of intimacy, the kind that exists in letters between loved ones who are far apart. Letters from one partner, writing home of their experiences, trials and personal reflections and seeking news from those who are keeping the home fires burning. In modern families, one and, more often now, both adults may be out, working. In an increasingly globalised society they may be working far from home. Yet societys unwritten rules tend to assume that someone (and usually, the mother) is still working full time on family care; on keeping the home fires burning. EU law has for some time sought to acknowledge the challenge of reconciling professional life with the reality of the caring responsibilities that exist in our personal lives. A legal framework has developed in the field of EU labour law with this objective. However as families become increasingly international and careers and job opportunities are no longer necessarily local, there is a need to evaluate how EU free movement provisions - as well as labour law - account for the work - life conflict. This paper justifies the inclusion of free movement law in an evaluation of how EU law effects those with caring responsibilities and suggests that in the future law may need to go further and permeate what was once the private realm of the home fires to better confront the work life conflict.

Image Five

Abstracts

William John Rennie (University of Strathclyde, UK)


Teaching an Old Dog New Tricks: Modernising the International Labour Organizations Approach to the Right to Strike

Image five, to me, portrays a micro representation of the relationship of labour law. The four labourers out in the fields contrasted with the wider field, symbolises the position of workers in the wider context of work. It is here that international law has a role to facilitate protection for these four workers, and others around the world. This image reflects my own research, which examines the role of the International Labour Organization (ILO) in protecting workers right to strike. The right to strike is an important weapon in the arsenal of organized labour and in the promotion of social and economic interests of workers. Therefore, it is important that such an important right within the workplace is protected by the appropriate international body. However, the ILO fails to guarantee the right to strike in the mass volumes of Conventions. I aim to guide audiences through the ILOs troubling relationship with protecting the right to strike and the impact this has had on two member states of the ILO. I propose that is time for the ILO to revise and modernise their approach to protecting the right to strike for workers, much like the lone workers depicted in the image.

Tania Sebastian (VIT School of Law, India)


Let Go and Move On (to Greener Pastures): Repercussions in the Copyright World

Paper co-authored by Dr Ajit I. (VIT University Chennai Campus, India)

Modern day disowning of copyright include earlier aspects of true ownership in a painting[footnoteRef:1], and the additional conscious decision to move away from ones existing work. The owners tryst with their writings, for example, need not be forever, more so with the rise of a particular need to disown ones work in their lifetime. An overwhelming desire to disassociate from their works as seemingly undesirable propel owners to take the leap of disowning the work, thereby affecting third part rights and plummeting market value of the work. In these circumstances, given the substantial uncertainty, the paper focuses on the repercussions absent legislation[footnoteRef:2], with the probability that courts could go either ways. What set of theories or policies can we look to, as benchmark to resolve these cases? What of the traditional Lockean and Hegelian theories and their effect on revocation of work at will? Can the creators of a work camouflage as destroyers and should their wishes be valued? Does the concept of disowning debunk the incentive aspect of copyright; should owners possess the freedom to rethink and reconsider their work are some of the concerns proposed to be explored in this paper. [1: See,http://www.nytimes.com/2016/08/09/arts/design/artist-accused-of-disowning-a-painting-testifies.html?smprod=nytcore-iphone&smid=nytcore-iphone-share&_r=1] [2: The US Visual Artists Rights Act, 1990 and Indian Copyright Act, 1957 cover disowning on grounds other than the aspect mentioned in the abstract.]

Paulina E Sikorska (University of Southampton, UK)


Air Law or Space Law That is the Question Does International Space Law Still Need a Demarcation Line?

This article analyses the rationale for a demarcation line in international space law. The role of a demarcation line is to separate the air zone from outer space. However, the lack of an agreed, precise definition on an international level, gives states much flexibility in measuring where the demarcation line is. Despite their "physical" proximity, the air law and space regimes are drastically different from a legal standpoint. For example, the principle of freedom of outer space proclaimed in article 1 of the Outer Space Treaty can be contrasted with the principle of sovereignty of the air zone of a particular state. Two approaches are being used to determine where outer space begins - i.e. the spatialist and functionalist approaches. The former distinguishes outer space from the air zone by, for example, the Karman line while the latter "assesses" the purpose of specific vehicles. However, how should one classify a hybrid aerospace vehicle used for suborbital flights, such as the Virgin Galactic SpaceShipTwo, which has double capabilities of flying both as an airplane and a spacecraft? The article analyses whether a demarcation line is a necessary at the current stage of development of the space industry or rather something that can be easily disregarded.

Image Six

Abstracts

Felicity Belton (University of Glasgow, UK)


Intersectionality and Responses to Forced Marriage

Looking upward through the barrier of the glass dome in image 6, it is possible to conclude that the aspirational ideal of UDHR Article 16, that being the universal right to marry, is attainable[footnoteRef:3].The tangible barrier of glass that prevents this realisation is personified in many countries by marriage laws that are not equal as not all can access the process of marriage. Another global barrier to the universal right to marry is forced marriage. Responses to forced marriage are structured like the levels of the image; these levels demarcate the separate contours of institutional action[footnoteRef:4].Within the image, only some of the people involved are clear, a woman and child are identifiable on level four, with a separate man on the same level. The obscured figures exist on other levels. Information regarding their age, sexuality, ethnicity, religion, disability and gender is not readily discernible. This is identical to victims and potential victims of forced marriage. Their intersectionality is stereotypically confined to the image of young, ethnic girls[footnoteRef:5].This paper, utilising intersectional scholarship and evolving statistical patterns[footnoteRef:6],highlights the need for awareness of intersectionality within responses to forced marriage, without which stakeholders cannot hope to effectively combat the issue. [3: UN General Assembly,Universal Declaration of Human Rights, 10 December 1948,217 A (III).] [4: See internationally e.g.The Council of Europe Convention on preventing and combating violence against women and domestic violence, CETS No.210, 1/8/2014; and domestically e.g.The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011.] [5: See, e.g., Women Living Under Muslim Laws (eds), Child, Early and Forced marriage: A Multi-Country Study A Submission to the UN Office of the High Commissioner on Human Rights, 15thDecember 2013,33; for an example of case law, see J.M. Carruthers (2016) City of Edinburgh Council v S. Forced Marriage in Scotland: The Legal Response 20Edinburgh Law Review93, 94.] [6: On scholarship attuned to the issue of intersectionality - see, e.g., Y. Samad, (2010) Forced Marriage Amongst Men: An Unrecognised Problem 30(2)Critical Social Policy, 197, 200-203; N.Groce et al (2014)Forced Marriage among Persons with Intellectual Disabilities: Discussion Paper 27, Leonard Cheshire Disability and Inclusivity Development Centre, UCL,https://www.ucl.ac.uk/lc-ccr/centrepublications/workingpapers/WP27_Forced_Marriage_Persons_with_Intellectual_Disabilities.pdf, 7; A.Gill & H.Harvey Examiningthe Impact of Gender on Young Peoples Views of Forced Marriage in Britain2016Feminist Criminology3; On recent statistical developments, see Home Office,Forced Marriage Unit Statistics 2015, 16 march 2016,https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/505827/Forced_Marriage_Unit_statistics_2015.pdf.]

Kristina Cufar (European University Institute, Italy)


Law and Us - - - the Space(s) In-Between

The question of laws essence or, what is the same, the question of laws power, boils down to a mystery that (legal) minds prefer to evade. Some contemplators think away laws mystery in order to be able to (ab)use, classify and comprehend law: to make law intelligible. Others extinguish laws mystery in the name of an ideal: to legitimate or condemn law. Yet, laws mystery persists: it resonates, hunts. Law envelopesas iffrom the above, outside yet, law does not just happen, it asserts and imposes itself through us.

Law: a glaring dome aloft and external, convenient and treacherous?

Law may seem fated, but its story is more complex. The dome does not rise out of a sheer emptiness, it is erected by humans the divergent human circumstances interlace to assemble it. The cupola now allows the rays of light to break on its surface, to mutate, to penetrate the structure and cover all with a thin venire of extraordinary plainness

In this intoxicating shimmerweforget

the space(s) in-between

the mute mystery oflawand its emergence

Alicia Danielsson (University of Abertay Dundee, UK)


Between Supranationalisation and Competing Concepts of Public Interest and Public Morality: Prostitution Between Article 26 and Article 72 TFEU.

The strive for harmonisation within the European Union leads to unforeseen dynamics in exceptional cases that involve more complex considerations and interpretations of public interest and morality. Prostitution is an exemplary case of this. On the one hand, EU case law has clarified, in the evolution of the internal market provisions, that prostitution constitutes an economic activity in accordance with EU law, and as such may fall within the TFEUs free movement provisions. However, on the other hand, Article 72 TFEU prevents EU interference in the maintenance of law and order and the safeguarding of internal security of Member States. According to this provision, the EU is unable to harmonise in the areas of criminal law. Thus, the EU is unable to harmonise provisions on prostitution, which in some jurisdictions in the EU is regulated under criminal law. Yet, prostitution is affected by the EU internal market. Image 6 reflects the way the EU can only watch how individual Member States look towards competing approaches to prostitution without considering the consequences these may have within the overall construct of the EU.

Mohammad Hazrati (Queen Mary University of London, UK)


Multinational Enterprises; Human and Labour Rights

At the first glance the image six seems stunning, a modern building designed and equipped with the latest technology, it may be a shopping Centre in the City of London or a headquarter of multinational enterprises in the Walls street. But look at it again, there are some people very small in the far distance. It seems they were not the objects of the picture, and they were not supposed to be seen. But we want to see them and discuss about them; the human, who is buried by Multinational Enterprises (MNEs). In other words, the huge power and revenues of MNEs especially in contrary to developing countries have made such dominant position for them that all attentions have been drawn to their will, while in many cases behind of this magnificence, there are a lot of human rights violations. It will be more challenging by adopting the theory of state-centric in international law under which only states are considered as the subject of international law. The purpose of this article is to consider more closely, two main viewpoints in terms of international regulating MNEs behavior. While the first one argues in favor of international agreement which refers to human and labour rights issue, the second one argues against the international agreements by mainly referring to the theory of free market and sovereignty right. Although both parties have strong arguments for their claims, it seems that the binding international agreement is necessary for regulating MNEs so as to respect human and labour rights.

Jennifer Mike (University of Exeter, UK)


Reconceptualising patents as Tools for Health and Human Development: Enhancing Access to Medicines in Developing Countries

The sixth picture to me represents the concepts of design and patents. A patent is widely considered as integral to human well-being and development. It is generally argued that the grant of patent rights to inventors, and protection of new and substantially useful innovation is instrumental in bringing about technological and scientific progress and consequently, economic, social and technological development. From a pharmaceutical patent perspective, a patent is also assumed to give rise to development by promoting medicinal R&D, and facilitating technological innovation for public benefit which in turn, leads to economic growth and other development advantages to the public. This presentation argues that the development element of patents should extend beyond the traditional analysis of patents as a conduit for promoting the availability of innovative products and the prospects for economic growth. Particularly, I explore the human-centred dimension of patents by analysing the ways which patents could potentially hinder access to medicines and consequently, human development; or confer benefits to human development by enhancing human development potential.

Sofia Stolk (Vrije Universiteit Amsterdam, the Netherlands)


Eminence and Authority on a Human Scale: the Architectural Considerations of the International Criminal Court

That justice 'must be seen to be done' has become one of the mantras of the International Criminal Court (ICC). Particularly international criminal trials are put forward as events of global justice that need to be accessible to a diverse audience, encompassing affected communities, victims, war criminals, and even humanity as a whole. The ICC actively contributes to the visualisation of its project through for example live streams of trials, a website, and social media activities. This study specifically focuses on the way in which the Courts new building, opened in April 2016, aims to transpire the ICCs self-constructed institutional image. According to the special website that is dedicated its development, the new premise is designed to enable the Court to discharge its duties effectively and to reflect the significance of the Court in the fight against impunity and captures the spirit of the ICC seven values, namely justice, human dignity, openness, credibility, safety, global and icon. This research discusses the self-promotion of an institution that is both glorified and heavily criticized, and analyses how its building visually represents the tension between symbolism and functionality that is inherent to the ICCs wish to approach unimaginable dramas in a technical legal way. In my presentation, image 6 represents this balancing act between aesthetics and technicality. As the image shows, architecture is never only just a building or a shell, it comes with feelings, ambiance, ideas. Moreover, the image evidences how the message it conveys heavily depends on the frame, position, exposure, and scale one choses. For me, image 6 visualises how the construction of authority and the ICC's self-ascribed capacity to bring order in extremely chaotic situations almost creates an aura of sacrosanctity; the court is something to look up to, it brings peace and justice, light. But whose perspective is this? Who makes the choices? My presentation aims to critically analyse such considerations with regard to the ICCs (image)building.

Anuj Kumar Vaksha (Guru Gobind Singh Indraprastha University, India)


Development Sharing within the Framework of the Contemporary International law Paradigms and Perspectives

The image no. 6 indicates to me the most magnificent, admirably splendorous, spotlessly shining, astonishingly huge human structures of development, which should, in the usual course be abuzz with human activity and human commotion; is conspicuously sparse in human population! Are the superbly magnificent structures and the incredibly supernal benefits of the human development on the earth restrictive and so restrictive that its actual beneficiaries are conspicuously sparse in number? This question gets so vividly depicted in image no. 6, and it prompts me to reflect on the issues of development sharing in the framework of the contemporary International Law. My research paper entitled Development Sharing within the Framework of the Contemporary International Law- Paradigms and Perspectives examines the issue of development sharing in the International Law. It articulates the concept of development sharing and explores the possibility of institutionalizing it within the framework of the contemporary International Law. The paper is a kind of envisioning of an institutionalized process of care and share in the context of developmental processes at the international level. This vision is optimistically borne out of the emerging trend that shows the pivot of International Law and Polity is gradually yet steadily moving away from the medieval era mutually destructive power to modern era mutually caring aspirations.

Ilaria Zavoli (University of Leeds, UK)


The Architecture of International Criminal Justice: International Criminal Courtrooms and Trials in Absentia

International criminal courtrooms are physical spaces where criminal proceedings are conducted and justice is done. Despite their importance as judicial arenas, the scholarship has given little attention to their architecture and to the relationship between their layout, the disposition of the parties,and the criminal procedure applied. This is particularly relevant when trials in absentia (i.e. in the accuseds absence) are conducted because a fundamental part is missing and the courtrooms layout should reflect this situation. This paper provides a critical analysis of international criminal courtrooms when trials in absentia are pursued. It argues that, in this context, international criminal tribunals should follow a specific layout that represents the objectives of International Criminal Justice and the particular needs of in absentia proceedings. After analyzing the adversarial nature of international criminal proceedings, and pointing out their spatial dynamics, the author considers specifically the case of trials in absentia. The paper refers to the experience of the Special Tribunal for Lebanon, arguing that in absentia proceedings have different spatial necessities than common criminal proceedings. In this sense, the author proposes an ideal layout for international criminal courtrooms when the accused are absent.

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