Law Summer School

10:00am to 10:30am (UK Time): Welcome: Law in the time of global change

Professor Engobo to welcome and introduce the summer school, attendees to participate in a quiz a prize to be awarded to the winner. 

Delivered by:

Prof Engobo Emeseh and Dr Ajay Kumar, University of Bradford.

10:30am to 12:00pm (UK Time): General Principles of Law and Asian-African Perspectives

General Principles of Law as a source of international law as per Article 38, paragraph 1 (c) of the Statute of the International Court of Justice is currently on the agenda of the ILC. Many Asian-African Member States have raised questions as to the difference between General Principles of Law and customs, distinction between those General Principles of Law formed within national legal systems and those formed within international law. Answer to these questions requires a thorough analysis of the elements of General Principles of law at large while looking at specific branches of international law where reference has been made thereto. Such a scrutiny is expected to shed light on General Principles of Law not as “recognized by civilized nations” but by the “international community of nations”.  The present speech attempts to highlight the questions raised with regard to the study of General Principles of Law and Asian-African views.    

Delivered by: 

Ali Gharshasbi, Dy Secy General AALCO, India. 

13:00pm to 14:00pm (UK Time): Reflecting Equity Considerations in the Climate Change Negotiations

Equity is a key principle in international environmental law and policy making. It is, among others, deeply embedded as a foundational principle of the UN Framework Convention on Climate Change (UNFCCC) and its related legal instruments, the Kyoto Protocol and the Paris Agreement. Its reflection and application, in many ways, underlies the current challenges and opportunities that make multilateral climate change negotiations such a complex task. The lecture will highlight key issues relating to the operationalization of equity in the climate change negotiations, coming primarily from the perspective of developing countries engaged in the negotiations.

Delivered by

Vicete Paolo Yu, Climate Negotiator at Third World Network.  

14:00pm to 15:00pm (UK Time): The First Anniversary of the War in Ukraine: Evaluation of the International Humanitarian and International Criminal Law Ramifications.

24 February 2023 marked the first anniversary of Russia’s invasion of Ukraine. Yet, there is no genuine prospect for peace. With several political, social, economic, humanitarian and criminal consequences, the war is considered the most devastating blow to Europe’s security forces since the end of World War II. The humanitarian catastrophes are unimaginable, as the Office of the United Nations High Commissioner for Human Rights (OHCHR) confirmed staggering numbers of deaths, injured, millions internally displaced and several others who have fled to neighbouring countries. Furthermore, there is severe famine and hunger caused by food shortages and insecurity, making the humanitarian impacts of the war global and not limited to Ukrainian territory. Could the renewal of the Black Sea Grain Initiative alleviate the suffering? On the other hand, amidst uncertainties, The Chief Prosecutor of the International Criminal Court sought arrest warrant against  top Russian officials for war crimes, crimes against humanity and genocide. This lecture will examine the International Humanitarian Law and International Criminal Law consequences for the Russo/Ukrainian war.  

Delivered by

Dr Ovo Catherine Imoedemhe, (University of Bradford)

10:00am to 12:00 pm (UK Time): The Financial Stability Board's proposed framework for the regulation of crypto-assets.

On 11 October 2022 the Financial Stability Board (FSB) released for public consultation two reports containing its recommendations for the strengthening of regulation and supervision of crypto-assets. The first report concerned the regulation, supervision and oversight of crypto-asset activities and markets and included nine recommendations. The second report contained the review of the 10 high-level recommendations on the regulation, supervision and oversight of so-called “global stablecoin” arrangements. The recommendations on stablecoins had been issued in 2020. The results of the consulations, which were completed in December 2022, will inform FSB's final resports on crypto-assets regulation expected to be published during 2023. The session will use FSB's current work to identify emerging trends in the regulaiton of crypto-assets following the Crypto Winter in 2022, a year where the crypto markets suffered a substantial decline in asset prices and market capitalisation followed by a number of high-profile bankruptcies of crypto-exchanges and other crypto-businesses.

Delivered by:

Dr Ilias Kapsis, Associate Professor, University of Bradford

13:00pm to 15:00 pm (UK Time): Emerging Paradigms of International Corporate Governance

All companies operate in a complex ecosystem composed of interested stakeholder groups that are dependent on the company as well as each other for economic success.  There are various stakeholder groups  and they do not necessarily share the same goals for, nor seek the same ends from, the company. In fact, most often, they have conflicting interest.

The company’s board has the difficult task -to maximize long-term value for shareholders while it makes the company profitable. The role of the board has become more complex inn past few years. There are newer paradigms are emerging in  corporate governance framework. These paradigms  that derives its genesis from the newer priorities that are emerging for the companies and the boards. These priorities are either backed by demand of policy, regulations or markets in general.

By end of the talk, you will be able to describe a company’s stakeholder groups and compare their interests; describe the principal–agent relationship and conflicts that may arise between stakeholder groups, understand the corporate governance mechanisms to manage stakeholder relationships and mitigate associated risks. Most importantly, you will be able to identify both the potential risks of poor corporate governance and stakeholder management  and understand the ESG and how it has helped companies realign their governance practices.

Delivered by:

Dr Neeti Shikha (University of Bradford)

9:00am to 10:00 am (UK Time): The Scent of a Women: The Criminal Justice Response to Cyberstalking , Dr Wan Rosalili Wan Rosli, University of Bradford

In the past two decades, the ultra-dependency and unlimited access to the Internet have brought numerous benefits for users worldwide. However, as a double-edged sword, such technology has also generated a high degree of risk of victimisation, especially cyberstalking. Evidence has indicated that cyberstalking has led to more heinous crimes such as cyber fraud through data mining and social engineering. Moreover, when such a crime transcends into the real world, it results in rape and even murder. Given the severe impacts of cyberstalking, the protection afforded to victims remains vague in the current legal landscape. The lecture will examine the victimisation and modus operandi of such crime, victims’ access to the criminal justice system, the motives of cyberstalkers and the legal protection afforded to the victims.

Delivered by:

Dr Wan Rosalili Wan Rosli, University of Bradford

10:00am to 12:00 pm (UK Time):Fundamental Rights by Design in Digital Ecosystems

Data-driven technologies become increasingly part of our daily routines. Smart medical devices, for example, are often equipped with artificial intelligence (AI)-based technologies. They may enhance knowledge, increase predictability and improve overall population’s health outcomes. However, processing vast amounts of data raises legal concerns, particularly regarding individuals' rights and freedoms. These risks could be related to data sovereignty, self-determination, equality, access, participation and fair practices. In this lecture, we present a methodology for the systematic deduction of legal requirements based on fundamental rights, such as the EU Charter of Fundamental Rights to ensure compliant design of data-driven digital ecosystems.

Delivered by:

Prof. Dr. Steffen Kroschwald and Sheila Vásquez, LL.M

13:00pm to 14:00 pm (UK Time): Intellectual property and AI ownership: Getty Images v Stability AI (2023)

In early 2023 Getty Images commenced legal proceedings in the High Court of Justice against Stability AI claiming that Stability AI infringed intellectual property rights including copyright.  This case will have significant implications in many fields as AI is incorporated into workflows and supply chains.

Delivered by:

Dr. Mark Van Hoorebeek, Associate Professor (University of Bradford).

10:00am to 11:00am (UK Time ):Coming of age: the development of the Capital Market in Independent India.

Today, India is counted among the top economies of the World; the transformation from an underdeveloped, poor economy to the 5th largest economy as taken almost 75 years and the toil of two generations. The contribution of capital markets to this transformation not only through raising of capital to fund the growth process, but also through the winnowing and validation of ideas that have generated wealth and value. The regulatory framework for the capital markets has evolved from a colonial one to a socialist one and thereafter to a modern one, mirroring the paradigm shifts in the polity. A sojourn through this amazing evolution and transformation is educative and inspiring.

Delivered by:

Joby Mathew & Associates, SEBI & Corporate Lawyers Securities Lawyer

11:00am to 12:00 pm (UK Time): International Law, States and Jurisdiction for Cyber-Criminality

Geographical borders traditionally define jurisdictional approaches; however, cyberspace iTEs essentially borderless, not geographically bounded and not ruled by clear concepts of sovereignty and territoriality. Cybercrimes continue to evolve as sophisticated, well organised, and highly distributed operations, taking little notice of national borders or regulations and thereby creating an emergent phenomenon that must become the subject of clear legal rules. As the  UN AdHoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of ICTs for Criminal Purposes continues in its process to deliver a global cybercrime threaty, the line between nation state actors and non-state acting cyber-criminals is increasingly blurry amid rising international tensions such as the Russia-Ukraine war. The discussion will examine the rule of law in cyberspace in the context of jurisdiction, and discuss whether states must continue to adhere to the traditional principles for determining jurisdiction or find new methods for determining matters of cyber-criminality, which may be better suited to the nature of cyberspace.

Delivered by:

Prof. Nnenna Ifeanyi-Ajufo (University of Bradford)

13:00pm to 14:00pm (UK Time): Refugee and migrant rights: law and practice

This lecture will cover the basics of refugee and migrant rights protections in law and policy and will demonstrate through a series of case studies the reality of abuses and breaches of international law that refugees and asylum seekers face both inside and at country borders.

Delivered by:

 Nadia Hardman is a Refugee and Migrant Rights Researcher at Human Rights Watch. 

A researcher in the Refugee and Migrants Rights Division of Human Rights Watch, monitoring and documenting human rights abuses against asylum seekers, refugees, and migrant populations. Prior to Human Rights Watch she led the International Rescue Committee’s protection program for Syrian refugees in Lebanon and was based in Mosul, Iraq with the Norwegian Refugee Council working with internally displaced persons (IDPs) between 2017 and 2018. Nadia has worked with refugee and IDP populations in Myanmar, Thailand and Palestine and was a Program Lawyer for the International Bar Association’s Human Rights Institute working on rule of law issues in Azerbaijan, Cambodia, Egypt and Tajikistan from 2013 to 2015. She is a qualified UK lawyer with a Masters in Human Rights from University College London. Nadia speaks fluent French and Italian

14:00pm to 15:00 pm (UK Time): Understanding Criminal Laws

The factors which make certain behaviour to be criminal activity, but other forms of behaviour to be perfectly acceptable in the eyes of the criminal justice system is a complex matter. Often our ideas of what ought to be considered criminal is based on concepts drawn from a sense of collective morality, but moral judgements can change over time, and our criminal law often follows suit (albeit quite slowly at times). This session will consider the theory and rationale behind the criminalisation of certain behaviours, and we shall discuss some calls for decriminalisation in the interactive element of this session.  

Delivered by:

Dr Edward Mowlam, (University of Bradford)

10:00am to 11:00am (UK Time): Corporate Governance: Rules and regulation, challenges and Implementation

Abstract: In this lecture, we will start with introducing the students with how Corporate Governance started within listed Companies in UAE. Furthermore, will explain the importance of applying Corporate Governance and how it makes any organization stronger. Also helps to understand the duties and responsibility of each employee and member in the company. Moreover, will look at the content of the Corporate Governance Code by each Chapter with examples particularly some misconduct of the Board of Directors and management.

In addition, we will also look at the three steps of implementation and challenges we faced as follows:

1. Educating the companies by giving them lectures and explaining to them what to do, answering their questions and finding solutions for any issues they experienced.
2. Provide us with evidence of how they implemented and give them feedback.
3. Inspection visits to ensure that the evidence that was provided is exciting in reality.

Furthermore, we will be presenting the students with the Corporate Governance report component and the challenges that we faced. All attendees will receive samples templates of Corporate Governance report, Corporate Governance code and documents related to the topic.

Delivered by:

Khalid and Mohammad Junaid Essa Director of Legal Affairs Department, Securities and Commodities Authority 

12:00pm to 13:00pm (UK Time): *************CANCELLED**************************Understanding Transitional Justice Mechanisms and Deradicalization: Perspectives from Sub-Saharan Africa

Abstract: Terrorism and acts of violence by religious and/or extremist groups have been commonly attributed to specific countries like Rwanda, Nigeria, Uganda, Sudan, South Africa, among others. As a means to deter would-be terrorists, and reduce repressive forms of counter-terrorism initiatives deployed by governments, deradicalisation of terrorists has been increasingly employed by countries within sub-Saharan Africa. This presentation discusses the rationale behind such deradicalization programmes and the effectiveness of same in boosting the legitimacy of governments within the sub-Saharan African region. The presentation draws comparisons from the South – Asian region to identify similarities and divergencies in the methods employed by both regions identified within this presentation, with a view to proffering recommendations which would improve the success rate of deradicalisation programmes in Africa.

Delivered by:

Dr Irekpitan Okukpon,  (University of Bradford)

13:00pm to 14:00 pm (UK Time): AML transaction monitoring in Financial institutions,, Zohreh Estak (Head of Compliance & AML | Bank Saderat (BSI)

Money laundering and terrorism financing pose significant risks threats to the integrity of global financial systems. Consequently, numerous countries have implemented anti-money laundering (AML) regulations to combat these illicit activities. AML encompasses a set of laws, regulations, and procedures aimed at preventing, detecting, and reporting financial crimes.

Likewise, the authorities in the United Arab Emirates (UAE) have enforced AML and counter-terrorism financing (CFT) regulations that cover both financial institutions and non-financial businesses and professions (DNFBPs).

Under the UAE AML regulations, licensed financial institutions are required to monitor and analyze the transactions and behavior of their customers, with the objective of preventing, detecting, and reporting suspicious activities and transactions.

The focus of this presentation is to highlight the significance of “Transaction Monitoring Systems” within financial institutions. These systems play a crucial role in ensuring compliance with AML regulations and are instrumental in identifying and addressing potential risks associated with financial transactions.

Delivered by:

AML transaction monitoring in Financial institutions,  Zohreh Estak (Head of Compliance & AML  | Bank Saderat (BSI) 

10:00am to 12:00pm (UK Time): International Law and Food Systems Transformations: What does (international) law has to do with it

The 2021 United Nations Food Systems Summit emphasised the urgent need to transform food systems as an essential step in the achievement of the 2030 Sustainable Development Goals. The lecture explores the role of international law in the construction of the current global food system and asks whether, and is so how, international law may facilitate food systems transformations. The establishment of the global food system has been supported by the international legal framework for free trade, foreign investment, international finance and intellectual property to name a few. The transformation of food systems necessitates moving beyond (international) law responses that treat the dysfunctionalities and inequalities of the global food system as mere ‘externalities’ of the current model of production. Breaking path-dependencies in international law (and food production systems) will be crucial if we are to truly transform food systems.

Delivered by:

Dr Cecilia Juliana Flores Elizondo,  Lecturer, Manchester Metropolitan University.

11:00am to 12:00 pm (UK Time): Environmental disputes and jurisprudence

Delivered by:

Prof Engobo Emeseh

13:00pm to 14:00 pm (UK Time): Dr Obinna Community Sustainability in Natural Resources Development: Imperative of Environmental Accountability in Nigeria

The 2021 Petroleum Industry Act creates a new framework to foster sustainable development through the physical and economic development of communities hosting substantial petroleum assets or production activities. Although the idea of fostering sustainable development was not defined, the petroleum companies are required to incorporate a trust fund to which an amount equal to 3% percent of their capital expenditure shall be paid. The income received by the trust is to be utilized to fund development projects with a portion mandatorily invested towards the sustainability of the relevant communities. This framework appears to have discounted the damaging impacts of oil spill-induced environmental degradation as well as the importance of greater environmental accountability for the sustainability of host communities. Thus, this paper examines the extent to which host community trusts can facilitate community sustainability without strengthening the regulatory and enforcement mechanisms for a transparent and more environmentally accountable petroleum sector.

Delivered by:

 Dr. Obinna Chris. Dike is a legal practitioner, an international energy law and policy expert with practice and research interest in energy sector governance, energy sector stakeholder management and host community sustainability regulations, energy transition, climate and environmental justice. He is an Assistant Professor of Law at the American University of Nigeria, Yola, and Senior Fellow, NESG Non-Residential Fellowship Program.

14:00pm to 15:00 pm (UK Time): The role of Distributive Justice in tackling land inequalities in the Extractive Industries

Access to land is key for the successful operation of oil, gas, energy and mining projects. Given the negative environmental impacts associated with the extractive industries such as oil spills and gas flaring, there have been initiatives encouraging extractive companies to ensure that they do not interfere with the communities’ rights to use the land. For instance, energy law requires extractive companies to comply with mining closure provisions and other legal provisions relating to land rehabilitation and decommissioning. All these are evidence of the energy justice principles in land governance. However, what is missing is a holistic analysis of how distributive justice can be employed to address the past and present land inequalities in resource rich countries. Therefore, this seminar will explore land law reforms in light of the role of distributive justice in ensuring the sustainable use of land in the extractive industries.

Delivered by:

Dr Victoria R Nalule (University of Bradford).

10:00am to 11:00am (UK Time): Artificial Intelligence regulation in the UK and the EU: potential and challenges of the use of AI to tackle complex societal problems.

Artificial Intelligence is poised to be the next disruptive technology. With UK, EU, and overseas legislators scrambling to put in place laws and regulations to prevent adverse effects on individuals, it is worth asking whether current or prospective laws will enable the responsible use of AI to tackle the complex problems facing our societies, such as human trafficking, child exploitation, and climate change.

Delivered by:

Dr Filippo Marchetti, Head of Strategic Impact at Trilateral Research (London) and an Adjunct Professor of Law at Bocconi University (Milan).

11:00am to 12:00pm (UK Time): State regulation of chemicals used in life and associated sciences in order to prevent their misuse in development of chemical and biological weapons.

We would like to explore the importance of effective State regulation of the advancing chemical, life and associated sciences in order to prevent their misuse in development of chemical and biological weapons. We will concentrate upon what are called the "mid-spectrum agents" - toxins, bioregulators, incapacitating chemical agents, malodorants and riot control agents. These are supposed to be covered by both the Chemical Weapons Convention and also the Biological and Toxin Weapons Convention. However neither Convention (or associated regulatory regime) addresses these agents effectively. Consequently there is a real risk that they will be weaponised and employed in either armed conflict or law enforcement, and also potentially misused for repression.

Delivered by:

Dr. Micheal Crowley and Dr. Malcolm Dando (University of Bradford)

13:00pm to 14:00 pm (UK Time): International Commercial Arbitration and the Use of AI: An Alternative Far-reaching?’

AI technology is upending the status quo of commercial dispute resolution. Software or databases with the ability to summarise decisional law, conduct legal research, or create case files are examples of these technologies in action. These developments in legal technology, such as digitalisation, block chains, and machine learning, come with legal implications on international arbitration. Some users of international commercial arbitration hail these revolutions because they seem to encourage efficiency, reduce costs, and expedite arbitration processes. However, some differ to the use of AI because it seems in practice unacceptable under the existing international commercial arbitration regulatory framework. This presentation examines the viability vis-à-vis the validity of the use of AI in international commercial arbitration under the existing regulatory framework.

Delivered by:

Dr Prince Oloktor,  (University of Bradford)