Monthly Archives: October 2017

North-South Free Trade Agreements – Trade, Policy and Europe

By Dr Clair Gammage, Lecturer in Law, and Prof Tonia Novitz, Professor of Labour Law (University of Bristol Law School).

On 4 October 2017, we held an event at the University of Bristol Law School, funded by PolicyBristol, considering the dynamics of negotiation, implementation, and enforcement of North-South trade agreements.

The first panel (Clair Gammage, Maria Garcia and Tonia Novitz, chaired by Phil Syrpis) examined the external policies of the European Union (EU) particularly in the context of regionalism and free trade agreements (FTAs). The significance of power disparities between trading partners in the negotiation process was considered and it was argued that true ‘partnerships’ in trade will be established through an inclusive and participative approach, as advocated by Clair Gammage in her book on North-South Regional Trade Agreements as Legal Regimes (Edward Elgar, 2017).

The second panel (Emily Jones, Sophie Hardefeldt and Gabriel Siles-Brügge, chaired by Tonia Novitz) examined how the UK could – in the event of Brexit – depart from or improve on the practices of the EU. Issues regarding human rights protections, development and transparency were considered, echoing many of the themes emerging from the discussion of the first panel. Continue reading

On Harvey Weinstein the Sexual Predator, or Business as Usual

By Dr Yvette Russell, Lecturer in Law (University of Bristol Law School).*

By David Shankbone – CC BY 3.0

The last few weeks have seen the revelation that Harvey Weinstein, renowned Hollywood producer of such award-winning films as Gangs of New York, Pulp Fiction, and Shakespeare in Love, moonlighted as a prolific sexual predator. A significant number of women have now made public complaints of sexual harassment and assault against Weinstein, including well-known Hollywood stars Gwyneth Paltrow, Rose McGowan, and Angelina Jolie. Weinstein is also reportedly facing allegations of rape. His wife, Georgina Chapman, announced she was leaving him, the company he co-founded fired him, and police on both sides of the Atlantic have opened investigations into him.

The media discourse that greeted the revelations has been characterised by astonishment at the scale of the alleged offending, and the failure of those making allegations to have come forward sooner. In fact, there is often evidence of a long line of complaints against men who are finally revealed in mainstream media to be chronic sexual predators. In Weinstein’s case there is evidence of three decades of prior complaints by women, at least two of which were reported to police. The public disclosure of these allegations was repeatedly thwarted by the use of non-disclosure agreements, the alleged ‘killing’ of news stories on the topic, and the habitual capacity of those who knew about it to ignore it. In the case of Jimmy Savile in the UK, believed to have preyed unimpeded for 60 years on around 500 vulnerable victims as young as two years old, a 2013 HMIC report found at least seven complaints against Savile in police records since 1964.  Continue reading

A call to stop Brexit

By Prof Phil Syrpis, Professor of EU Law (University of Bristol Law School).

Increasing frustration with the Brexit process has prompted me to write this. I have tried to keep it short. My main argument is that the perceived obligation to implement ‘the will of the people’, felt by a large majority of politicians on both sides of the House, is creating a political, legal, social and economic crisis in the UK.

The time has come to demand that Brexit be stopped. A transition period, in which EU law rights and obligations are maintained for a time, now seems inevitable. Opinion in the country seems, slowly, to be beginning to shift. The sunlit uplands, as we are reminded on all almost daily basis, are no more than an illusion. Policy makers are seeking to find second-best solutions, and engaging in attempts to salvage what they can from existing arrangements (which work, at least tolerably, well). Unless advocates of the Brexit cause can point to political, social and economic benefits associated with Brexit, and unless they can demonstrate, in concrete terms, how these benefits are to be realised – and thus far, they have singularly failed to do so – we should not be prepared to allow them to indulge in their reckless fantasy. Continue reading

Why do proposed national security measures get dropped? The four months after the Paris attacks and the French national debate on cancellation of citizenship

By Miss Rachel Pougnet, PhD Candidate (University of Bristol Law School).

Bourgoin jallieu le 29/12/2015: Photo illustration du code Civil/Credit:ALLILI MOURAD/SIPA/1512301245

On 16 November 2016, three days after the terror attacks in Paris, the then-French President François Holland gathered both houses of Parliament (the National Assembly and the Senate) in Versailles. He started his speech with a grave tone, by noting that “France was at war”, and that the country needed to be “ruthless” in “such times of exceptional gravity”. He called for “national unity” and proposed a revision of the Constitution.

His proposal was to enshrine in the Constitution the procedure of the state of emergency (article 1) and the cancellation of citizenship for dual nationality holders (article 2). As Holland then put it

We must be able to strip the nationality of an individual who has been condemned for acts contrary to the fundamental interests of the Nation or acts of terrorism, even if the individual was born French, and I mean it “even if the individual was born French” so long as the person has another nationality (Holland’s speech, 5).

The proposal was eventually dropped on March 2016, following the failure of both houses to agree on a similar text on article 2, cancellation of citizenship, as required by article 89 of the Constitution. This article spread intense debate across French society and enjoyed widespread press coverage from French newspapers of all kinds. More than ten public opinion polls were issued on the subject and it prompted the resignation of Christiane Taubira, the Secretary of State for Justice. All this for a relatively short debate: 136 days in total.

It is unclear whether this failure can be attributed to the specific political context at the time (a right-wing Senate and left-wing National Assembly, the low popularity of President Holland and the uncertainty of the regional elections (which were to take place in June 2016), to the rigidity of the French Constitution (article 89 requires a majority of 3/5 of both houses gathered together in Congress), or to the importance of citizenship-nationality in the French national narrative. Perhaps the truth lies somewhere in between these lines. But in the broader context of an increase in recourse by states to the deprivation of nationality as a counter-terror measure (see for example the Netherlands or the UK), a closer analysis of the debate around the contested measure is warranted. Continue reading

Re-Imagining Land Law & the SQE

By Prof Antonia Layard, Professor of Law (University of Bristol Law School).

© Neil Howard

On Tuesday, 26th September, 45 self-confessed land law nerds travelled to the University of Birmingham for a workshop on Reimagining Land Law organised by Emily Caroll. The workshop – the latest in a series run by the Centre for Professional Legal Education (CEPLER) at the University of Birmingham – saw thirteen law teachers, a barrister and a judge, presenting on how to teach, assess and craft a syllabus for land law.

While the workshop’s aims were lofty (how do we teach the subject we love most effectively?) there was much debate about the proposals released in June 2017 by the Solicitors Regulation Authority for the Solicitors Qualifying Exam (SQE). The SRA Board has decided to introduce the SQE as a common assessment for all would-be solicitors from late 2020. The new qualification will consist of four elements so that, by the time candidates seek admission as a solicitor, they must: (1) have passed SQE stages 1 and 2, demonstrating that they have the knowledge and skills set out in the competence statement to the standard prescribed in the Threshold Statement; (2) have been awarded a degree or an equivalent qualification, or have gained equivalent experience; (3) have completed qualifying legal work experience under the supervision of a solicitor or in an entity under SRA regulation for at least two years (or full-time equivalent); and (4) be of a satisfactory character and suitability, to be assessed at point of admission. Continue reading