Dundee Telders Team needs your support!

wp-1484174165659.jpg

Ruby Davies, Christiane Schleich, Christie Allan and Blythe Petrie are four final year undergraduate law students at the University of Dundee.

They have been selected to represent the University of Dundee and indeed Scotland in the Telders International Law Moot Competition 2017. The competition will take place in May and will see us debate a ficticious international law case in front of a panel of judges at The International Court of Justice in The Hague.

This year’s case relates to diplomatic immunity, inviolability of embassy premises, reservations to treaties and legitimate counter-measures.

Thehas beeneen extensive costs to meet in order to participate in the competition and  they would be immensely grateful for any donations in support of the team! Please visit their ‘gofundme’ page: https://www.gofundme.com/get-us-to-the-hague

SCELG Biannual Lecture “Sharing Responsibility in International Environmental Law: Fundamental Contradictions”

Prof Andre Nollkaemper, Dean and Professor of Public International Law, Amsterdam Law School, University of Amsterdam. 

26 April 2017

15:00-18:00

Collins Suite, Collins Building, University of Strathclyde, Glasgow

It has become commonplace to say that the responsibility to protect the environment is shared between multiple actors, rather than  resting on one actor alone.  Much of modern international environmental law indeed is based on this premise. However, the idea that  responsibility should be shared hides fundamental complexities and contradictions.  The lecture will explore one of such contradictions. On the one hand, shared responsibility stands for the  idea that all those who contribute to  environmental  degradation, exhaustion of natural resources, and so on, should be part of the solution.  This proposition may express a sense of fairness and effectiveness. On the other hand,  shared responsibility tends to lead to arrangements in which responsibility is  divided over so many actors, that the responsibility of each  individual actor is diluted. Sharing responsibility then may lead to ‘blame games and buck-passing’. The lecture explores how the contradiction has manifested itself in international environmental law and what  ways have been  found to resolve it.

The guest lecture will be followed by a panel featuring Prof Ellen Hey, Professor of Public International Law, Erasmus School of Law, Erasmus University Rotterdam, Prof Elisa Morgera, Professor of Global Environmental Law at the University of Strathclyde Law School and Dr Francesco Sindico. Reader in International Environmental Law at the University of Strathclyde Law School.

For further information, including how to register please seehttps://www.strath.ac.uk/research/strathclydecentreenvironmentallawgovernance/events/guestlectures/andrenollkaemper2017/

Call for Applications: Challenges to International Criminal Justice Summer Academy Northumbria, Newcastle 12-16 June 2017

Northumbria Law School is pleased to announce its 1st Summer Academy on Contemporary Challenges to International Criminal Justice (Law & Criminology) will take place in Northumbria University, Newcastle from 12-16 June 2017.

Please note that participants may register to attend individual sessions or the whole event. The deadline for ‘early bird’ registration is Monday 17 April 2017.

This novel summer academy provides a unique opportunity for participants to acquire in-depth knowledge on the most pressing issues facing the international criminal justice system from the leading scholars and practitioners in the field. Speakers will share their expertise and experience on a varied range of topics to encourage and inspire postgraduate research in law and criminology.

Distinguished Speakers include: Professor William Schabas (Middlesex University/Leiden University)  Judge Howard Morrison (International Criminal Court)  Judge Professor Wolfgang Schomburg (International Criminal Tribunal for the former Yugoslavia 20012008, Durham University)  Judge David Baragwanath (Special Tribunal for Lebanon) – Judge Professor Philip Weiner (Extraordinary Chambers in the Courts of Cambodia)  Mr Karim A.A. Khan, QC (Temple Garden Chambers, International Defence and Victims Counsel & former Prosecutor)  Dr. Rod Rastan (Legal Adviser, Office of the Prosecutor, International Criminal Court)  Professor Tim Wilson (Northumbria University) – Professor Roger Clark (Rutgers University)  Dr. Mohamed El Zeidy (Legal Officer, Pre-Trial Chamber II, International Criminal Court)  Dr. Tanya Wyatt (Northumbria University) Dr. Noelle Higgins (Maynooth University)  Professor Michael Rowe (Northumbria University)  Mr. Patrick Schneider (EU Office of the Special Representative for Bosnia and Herzegovina)  Dr. Michael Kearney (Sussex University)  Mr. Krmanj Othman (KRG High Committee for the Recognition of Genocide against Yezidi Kurds and other minorities) Dr. Patricia Hobbs (Brunel University) – Dr. Hakeem Yusuf (University Birmingham) -Dr. Elena Katseli (Newcastle University) – Dr. Jamie Harding (Northumbria University) – Dr. Ibrahim Shaw (Northumbria University)  Professor Nigel South (University of Essex)  Dr. Damien Short (University of London).

This is a wonderful opportunity for international lawyers, legal interns, academics, and present and future postgraduate students to meet eminent scholars and practitioners in the field of international criminal justice as well as like-minded colleagues from all over the world.

For further information and to register please visit our website www.northumbria.ac.uk/about-us/news-events/events/2017/06/northumbria-university-summer-academy-in-contemporary-challenges-to-international-criminal-justice/ or email amina.adanan@northumbria.ac.ukPlease note that places are limited.

 

Bridging the Gap: An Interdisciplinary Knowledge Exchange Event

Bridging the Gap: An Interdisciplinary Knowledge Exchange Event 

The School of Education and Social Work at the University of Dundee,  warmly invites curious minds to an evening of collaborative discussion with University students, staff and our wider professional network. We will be considering our impact on the community we seek to serve through an interdisciplinary lens and review how we collectively aim to ‘bridge the gap’. Discussions will be followed by wine and refreshments. 

thumbnail_Bridging the Gap 25_5_17


Register here: uodbridgethegap.eventbrite.co.uk 

Understanding Article 50: Today, Tomorrow and the Two-Year Myth…

Andrew Agnew is an LL.B. (Hons) Dual Qualifying Scots & English law graduate of the University of Dundee. Having specialised in European Union law at Honours level, Andrew submitted his dissertation on the interpretation of Article 50 in March 2015, being awarded a 1st Class for the thesis. Outwith academia, Andrew has undertaken placements in Brussels, Westminster, the Civil Service and local government.

 

Today marks the beginning of the long, unprecedented and tumultuous journey to fulfil the referendum mandate delivered by the people to politicians on 23rd June 2016: The United Kingdom is withdrawing from the European Union.

 

Following a high-profile judicial battle through the High Court and concluding with the Supreme Court’s judgement in R (Miller) v Secretary of State for Exiting the European Union[1], that parliamentary consent is required before the Executive can trigger Article 50 of the Treaty on European Union, ‘Brexit’ is a public lawyer’s dream. The legal implications and requirements of Article 50, alone, should not be underestimated.

 

Articulating Article 50

Article 50 has five subsections. Theresa May has already undertaken the first subsection of Article 50, with assistance from their Lordships’ judgement in Miller, that a Member State may “withdraw from the Union in accordance with its own constitutional elements.”[2] This was provided through June 2016’s referendum and the European Union (Notification of Withdrawal) Act 2017 which was given Royal Assent on 16th March 2017.

 

Today, Theresa May completes the next step in the Article 50 saga – the United Kingdom shall notify the European Council of its intention to withdraw from the European Union, per the requirements of Article 50(2).[3] This will be in the form of a written letter to be delivered to the Council, followed by Mrs May providing a statement to the House of Commons in the afternoon informing Parliament and setting out the aims and future relationship the British Government wishes to negotiation with the European Union. European Council President, Donald Tusk, will respond to the UK’s withdrawal notice within 48 hours of it being received. This response will be expected to include the guidelines and framework for negotiations.[4] Article 50(2) also establishes that a potential Withdrawal Agreement will be negotiated in terms of Article 218(3) of the Treaty on the Functioning of the European Union – this deals with negotiations between the EU and third parties.[5] Any Withdrawal Agreement will be concluded by the European Council, acting by a qualified majority, and after the agreement of the European Parliament.

 

One myth that has stemmed from the recent attention on Article 50 is the ‘two-year deadline’ to negotiate a Withdrawal Agreement. This is not completely factual. Article 50(3) states that membership “shall cease to apply…from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification…unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.”[6] Membership, and the EU Treaties, shall cease on the date that any negotiated Withdrawal Agreement comes into force. Article 50(3) does not stipulate that a Withdrawal Agreement must be reached within two years; only that if no agreement is reached then membership shall cease two years to the date that the withdrawal notification is issued to the Council. UK politicians have been repeatedly, and wrongly, stated that withdrawal will take two years – due to the complexity of withdrawal, this is extremely unlikely. This myth is perfectly highlighted in the Daily Telegraph’s recent article entitled What is Article 50? The only explanation you need to read, where it states that “The process is supposed to take two years but many people believe that it could take longer.”[7] Article 50 is silent on the duration of withdrawal negotiations, only that if no Withdrawal Agreement is to be reached then the membership ceases after two years. However, this can also be postponed if an agreement to extend the period of negotiation is reached between the Council and the UK.

 

Article 50(4) prohibits the UK from participating “in the discussions of the European Council or Council or in decisions concerning it.”[8] This clearly establishes that a notification to withdraw from the EU, under Article 50, provides a semi-transition for the UK from a Member State to a third party, for the purposes of all decisions and matters relating to the withdrawal. The United Kingdom can still participate in the work of European Union in all other areas, although it is unlikely that the UK Government will continue to participate in votes of the European Council.

 

Following the ‘termination’ of the UK’s membership of the EU if Mrs May, or any future British Government, were to follow David Cameron’s recent utterance on Arnold Schwarzenegger’s snapchat of “I’ll be back”[9], they could reapply for membership of the EU under Article 50(5) which allows for former Member States to return under Article 49. However, if the UK were to reapply following withdrawal, this would not come with the current opt-outs and preferential treatment that has been provided under our current membership…

Concluding Remarks

“…there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns – the ones we don’t know we don’t know.”

 

Donald Rumsfeld, 13th and 21st United States Secretary of Defense

12th February 2002[10]

 

It has been 280 days since the United Kingdom voted to leave the European Union.  Today Prime Minister Theresa May will trigger Article 50 of the Treaty on European Union.

 

This “we know, we know.”[11]

 

The United Kingdom will immediately begin work to negotiate a Withdrawal Agreement with the EU. However, there is no guarantee of a successful Withdrawal Agreement being concluded and there is currently no guidelines as to how a Member State can leave without one.

 

This is a “known unknown.”[12]

 

Lastly, the terms of a potential withdrawal agreement, post-Brexit UK-EU commitments and Britain’s future relationship with the international community cannot be predicted, even amongst legal commentators.

This is an “unknown unknown.”[13]

 

 

 

 

 

References

[1] [2017] UKSC 5

[2] Consolidated Version of the Treaty on European Union [2012] C 326/13, art 50(1).

[3] BBC, ‘Article 50: Theresa May to trigger Brexit process next week’ (BBC, 20 March 2017)< http://www.bbc.co.uk/news/uk-politics-39325561>, last accessed 23 March 2017

[4] Cynthia Kroet, ‘Donald Tusk: EU to respond within 48 hours of Brexit notification’ (Politico, 8 March 2017) <http://www.politico.eu/article/donald-tusk-eu-to-respond-within-48-hours-of-brexit-notification/&gt;, Last accessed 23 March 2017

[5] Consolidated Version of the Treaty on the Functioning of the European Union [2012] OJ C326/47

[6] Consolidated Version of the Treaty on European Union [2012] C 326/13, art 50(3)

[7] Michael Wilkinson, ‘What is Article 50? The only explanation you need to read’ (The Daily Telegraph, 23 March 2017) <http://www.telegraph.co.uk/news/0/what-is-article-50-the-only-explanation-you-need-to-read/&gt;, Last accessed 23 March 2017

[8] Consolidated Version of the Treaty on European Union [2012] C 326/13, art 50(4)

[9] Helena Horton, ‘‘I’ll be back’: David Cameron speaks in Arnold Schwarsenegger Snapchat video’ (The Daily Telegraph, 3 February 2017) <http://www.telegraph.co.uk/news/2017/02/03/back-david-cameron-speaks-arnold-schwarzeneggersnapchat-video/&gt;, Last accessed 23 March 2017.

[10] Donald Rumsfeld, ‘Department of Defense News Briefing’ (The Pentagon, Virgina, 12 February 2002) <http://archive.defense.gov/transcripts/transcript.aspx?transcriptid=2636&gt; last accessed 30 March 2016.

[11] [Ibid]

[12] [Ibid]

[13] [Ibid]

The 2017 HRLA Bursary Scheme Now Open.

The HRLA recognises that those without independent financial backing can sometimes be unable to take up internships, work placements and other either unpaid or poorly paid work in human rights law. He or she may therefore miss out on these opportunities and this can lead to their being disadvantaged when applying for jobs within the human rights field. To assist people in this position, in 2006 the HRLA established a bursary scheme to assist law students, either those currently studying (either undergraduate degree, postgraduate studies or LPC/BPTC/Law Conversion Course) or those who have recently graduated, in undertaking such work.


For an application form please click here.

Educate the Kids.

Kasia Thomson represented Scotland at Telders Moot in 2016, graduated from Dundee Law School and is now studying the Diploma in Professional Legal Practice.
This semester  she started up a society for Educate The Kids. It’s a society set up by a retired Scottish lady who has made a school and orphanage in Kenya and raises funds to run it, but this year 300 mothers tried to register their kids and there were only 80 places, so with no other school in the area they are fundraising to build a new one. 
The society is having a pub quiz on march 7th, and it is Disney themed! 
Kasia is hoping a lot of law students will want to come,  and maybe even join the society and help carry it on next semester when she graduates from the DPLP! You do not have to be a student to attend. 

Please click here for details!