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Viewing: Blog Posts Tagged with: OUP HE UK, Most Recent at Top [Help]
Results 1 - 3 of 3
1. Changing legal education

Martin Partington discussed a range of careers in his podcasts yesterday. Today, he tackles how new legal issues and developments in the professional environment have in turn changed organizational structures, rules and regulations, and aspects of legal education.

Co-operative Legal Services: An interview with Christina Blacklaws

Co-operative Legal Services was the first large organisation to be authorised by the Solicitors Regulatory Authority as an Alternative Business Structure. In this podcast, Martin talks to Christina Blacklaws, Head of Policy of Co-operative Legal Services.

 

The role of chartered legal executives: An interview with Diane Burleigh

The Chartered Institute of Legal Executives sets standards for and regulates the activities of legal executives, who play an important role in the delivery of legal services. In this podcast Martin talks with Diane Burleigh, the Chief Executive of CILEX, about the challenges facing the legal profession and the opportunities provided for Legal Executives in the rapidly developing legal world.

 

Educating Judges and the Judicial College: An interview with Lady Justice Hallett

The Judicial College was created by bringing together separate arrangements that had previously existed for training judicial office-holders in the courts (the Judicial Studies Board) and Tribunals Service (through the Tribunals Judicial Training Group). In this podcast Martin talks to its Chairman, Lady Justice Hallett, about the reasons for the change and ways in which the College is developing new ideas about judicial education.

 

Headline image credit: Law student and lecturer or academic. © Palto via iStockphoto.

The post Changing legal education appeared first on OUPblog.

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2. Ralph Zacklin: a personal perspective on international law

What does international law truly mean in the world today? For the publication of Malcom Evans’s International Law, Fourth edition, we asked several leading figures that question. Ralph Zacklin, the former UN Assistant Secretary General for Legal Affairs, provides his personal perspective on international in the edited essay below. A full version of his essay can be found on the textbook’s Online Resource Centre, along with five other personal perspectives.

By Ralph Zacklin

I have been privileged to work for almost thirty years as an international lawyer in the United Nations and from this vantage point international law is neither the omnipotent solution to the world’s problems nor is it an illusion that only die-hard pacifists cling to. It is, in fact, for the practitioner a very real and pragmatic discipline. That it may be uncertain, incomplete, and difficult to enforce does not lessen the need for the rule of law on the international plane nor does it mean that the efforts to codify the law and develop its institutions should cease or be diminished.

At the core of contemporary international law is the Charter of the United Nations. It is a tribute to its drafters in the San Francisco Conference that this instrument has retained its essential validity as a set of fundamental principles which have guided the community of States for more than fifty years. It is the basis for the development of much of international law as we know it today in such key areas as human rights, the environment, and the law of the sea and outer space, not to mention the vast array of multilateral treaties in numerous technical, economic, and scientific areas.

International law provides a common legal vocabulary within which States and other actors operate. It provides a framework for conceptions of what is ‘legal’ or ‘right’. For the author personally, the most striking lesson of the last thirty years is not the quantitative qualitative development of international law which has been substantial but the degree to which States have come to accept the existence of international law as a standard that must be observed or by which their actions must be justified.

There is another dimension to international law which is sometimes overlooked in an era of globalization. International law, however inchoate it may be, represents the expectations and claims of substantial segments of humanity. It cannot be dismissed merely because of its perceived weakness. This dimension is of particular relevance to the member States of the United Nations, the overwhelming majority of whom rely on international law-making processes in international forums to weave together the fabric of the rule of law.

This accounts for the persistence of the United Nations in the holding of major conferences or summits––much derided in some quarters––which have produced soft law Declarations on the environment, human rights, advancement of women and a panoply of economic and social rights. These fora move from agenda-setting gradually towards normative outcomes and have undeniably altered the international legal landscape over the past twenty-five years.

Law, whether domestic or international, is by nature a conservative discipline. Its evolution is slow, even laborious. International law is not, nor should it be, viewed as an ideal state in which harmony prevails. Like any other system of law, its rules and institutions mature over time. When one compares the international law of today with that of a mere three decades ago, one cannot but marvel at the advances that have been made both normatively and institutionally. The path of advancement is by no means uneventful but it continues.

I have been fortunate in my own career to have had the opportunity to contribute to significant developments in international law, such as the establishment of ad hoc criminal tribunals for Yugoslavia and Rwanda as well as, more recently, the Special Court in Sierra Leone. Over the years I have provided legal advice which has helped to shape much of the contemporary law of UN peace-keeping and, like many of my colleagues, have rejoiced in the completion of UN mandates which have resulted in the independence of countries such as Namibia and Timor-Leste. There have also been tragic failures in Rwanda, Bosnia, and Somalia.

At the outset of my career I was motivated like many young people of the time by an idealistic determination to make the world a safer and a better place. Over the years my idealism has certainly been tested, but I believe that the role and impact of international law has grown, and it continues to grow.

Ralph Zacklin is the former UN Assistant Secretary General for Legal Affairs. Malcolm Evans is a Professor of Public International Law at the University of Bristol. Malcolm Evans is the editor of International Law, which provides wide-ranging analysis of all the key issues and themes in public international law and brings together an outstanding collection of interesting and diverse writings from the leading scholars in the field.

Oxford University Press is a leading publisher in international law, including the Max Planck Encyclopedia of Public International Law, latest titles from thought leaders in the field, and a wide range of law journals and online products. We publish original works across key areas of study, from humanitarian to international economic to environmental law, developing outstanding resources to support students, scholars, and practitioners worldwide. For the latest news, commentary, and insights follow the International Law team on Twitter @OUPIntLaw.

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3. Undermining society – the Immigration Act 2014

By Gina Clayton


Immigration it seems is always in the headlines. While UKIP and others make political waves with their opposition to European free movement, immigration is said to be one of the biggest issues of voter concern. However, the issues that make the headlines are only a tiny part of the picture. Restricting immigration is treated as an uncontroversial objective. Some air time, though less, is given to the damage done to migrants by restrictive laws and policies. Very little attention is given to the damage done to the social fabric by those same laws and policies, and to the reality that measures targeting migrants have an adverse effect on all of us.

In the last months of 2013 and the first of 2014 the Immigration Bill made its way through Parliament. Surprisingly, as immigration was a dominant political theme at that time, its provisions received minimal media attention. Provisions of the Immigration Act 2014 include:

  • All rights of appeal against immigration decisions are abolished, except where the decision is to refuse international protection or where removal would breach the Refugee Convention or the appellant’s human rights.
  • Banks and building societies are prohibited from opening accounts for individuals ‘who require leave to enter or remain in the UK but do not have it’.
  • Driving licences may not be issued to those who require leave but do not have it.
  • Charges for health care are to be levied on all migrants.
  • Landlords will be subject to penalties if they let property to individuals who ‘require leave to enter or remain in the UK but do not have it’.

The abolition of rights of appeal against immigration decisions comes after years of attrition of immigration appeal rights, and it is only this previous attrition that reduces the impact of these new measures.

gavel

Interestingly, an earlier episode of attrition of appeal rights was commented upon by Tony Blair in 1992:

“It is a novel, bizarre and misguided principle of the legal system that if the exercise of legal rights is causing administrative inconvenience, the solution is to remove the right. […] When a right of appeal is removed, what is removed is a valuable and necessary constraint on those who exercise original jurisdiction. That is true not merely of immigration officers but of anybody.”

Some effects of s.15 Immigration Act 2014 can be predicted:

  • There will be no independent remedy for an individual who has suffered due to a mistake.
  • There will be less incentive to improve Home Office decision-making.
  • Studies, work, and life plans of migrants and their families will be disrupted.
  • Employers and universities may lose employees and students.
  • Judicial review will likely proliferate.

When a student’s studies are prematurely ended or a specialist worker has to leave the country, not only they but others around them are affected. As well as the employer or university, friendships, treatment plans, agreements with landlords, voluntary work obligations, all are disrupted. Migrants do not live in isolation.

Most of us can accommodate to misfortune, but injustice is harder to live with. If our friend, our student or our colleague has not been able to put their case, what is the effect on our confidence in our own system of government? There is no right to be heard. Does this not have an impact on our belief in what are famously described as ‘British values’?

The prohibition on holding a driving licence, opening a bank or building society account not only affects the person who cannot get access to these basic features of ordinary life in the UK, it also affects the person who must decide whether to issue a licence or open an account.

A bank or building society employee must now assess a potential customer’s immigration status. Whether they wish to do so or not, the staff member is exercising a form of internal immigration control.

Bank and building society accounts have become essential to live ordinary life in the United Kingdom. People will be denied access to these facilities on faulty grounds. Bank and building society employees will find that their relationship with their customers has changed from service to scrutiny. All of us will be subject to immigration status checks.

The measures restricting access to private tenancies, bank and building society accounts and driving licences are not, as such, immigration control. They are penalties on those already resident. They apply not only to government matters but also to purely commercial and private transactions. They insert mutual surveillance into social relationships.

It was revealed by Sarah Teather MP that the government working group some of whose policies found their way into the Immigration Act was called ‘the Hostile Environment Working Group’. In the Immigration Act we are being recruited to the project of the hostile environment. We are required to treat other people as disentitled, not to a government benefit, which in the end we know is determined by government, but to a private facility. This asks us to change our perceptions of each other, and as such is hostile to us all.

Gina Clayton works on European asylum and migration projects, including reports for the Fundamental Rights Agency and the AIDA database, chairs refugee charities in South Yorkshire, and is an OISC adviser on asylum law. She is the author of Textbook on Immigration and Asylum Law.

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Image credit: Gavel. By Kuzma, via iStockphoto.

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