In the wake of the deadly attacks in Paris recently, there is an urgent need to debate the values that tie us together as citizens – a commitment to freedom of expression and to freedom from violence and fear – and the challenges of sustaining those values in a world of difference and conflict.
Sakharov Debate on Religion & Human Rights takes place on 3 December 2014
Myriam Hunter-Henin contributed to the Sakhavrov debate on Religion and Human Rights chaired by BBC presenter Martine Croxall at the European Parliament Office in Britain, Britiain House.
3 December 2014, 5.30pm
followed by reception
32 Smith Square
London SW1P 3EU
About the event
All European states currently subscribe to the notion, enshrined in Art. 9 of the European Convention of Human Rights, that we as individuals have the absolute right to hold religious beliefs and, more generally, to enjoy freedom of thought and conscience. But the extent to which we can manifest those beliefs publicly – be it through worship, teaching, symbols or dress – is more and more contested. The European Convention requires that those manifestations may only be restricted by law and where it is necessary in the interests of public safety, to protect public order, health or morals, or to protect the rights and freedoms of others. But how are we to decide what is ‘necessary’ in such cases? Can the protection of ‘common values’ fall under that category and if so, to what extent?
- Dr Myriam Hunter-Henin, UCL Laws
- Ed McMillan-Scott, Former MEP, Alliance of Liberals and Democrats for Europe
- Catriona Robertson, London Boroughs Faiths Network
- Can Yenginsu, Barrister
Chaired by Maxine Croxall, BBC News journalist
Negotiating Religion Closing Conference: Inquiries into the History and Present of Religious Accommodation.
Co-convened by Dr. Myriam Hunter-Henin.
This conference is the closing event of a four-worshop series which took place at UCL in 2010-12. It offers a cross-disciplinary assessment of these different forms in which religious identity, commitment and community are negotiated in the contemporary world. Without claiming to exhaust the topic, it proposes to look at the agents, procedures and outcomes of these negotiations, and hopefully will evaluate the potentials and limits of negotiation of religion.
Wednesday, 1st May, 2013, 13.30 50 18.00.
Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG
The ICLQ Lecture, 2013.
Dr. Myriam Hunter-Henin presents the 3rd Annual ICQL Lecture on religion, Human Rights and Comparative Law in the context of burqua bans: 'Why the French Don't Like the Burqua: Laicite, National Identity and Religious Freedom'.
Monday, 15th April, 2013, 17.30 50 19.00.
Location: British Institute of International and Comparative Law, Charles Clore House, 17, Russell Square, London WCIB 5JP.
Negotiating Religion Workshop - Legal Frameworks: Schools and Religious Freedom.
Dr. Myriam Hunter-Henin led this workshop at Bentham House on how and to what extent legal frameworks - judicial reasoning, legal processes (excluding constitutional frameworks, the focus of another workshop) allow for a space for negotiating religious issues.
Does this negotiation take place with religious communities or directly with the individuals who claim that their religious freedoms have been infringed? What are the main actors of the negotiating process? Who benefits from it? What are the risks of ''negotiating''? Is ''negotiation'' the best way to reach a fair compromise between conflicting rights and claims? Is negotiating with religious freedoms any different to negotiation in respect of other human rights? What special features/dangers derive from the school contxt in which this negotiation takes place?
These crucial questions will be addressed through analysis of topical case law and legal scholarship under four headings: religious symbols; religious education and teaching content; religion and staff; faith schools.
Judge Cassese talks about Global Standards for National Democracies
Judge Sabino Cassese, professor of public law at the University of Rome and judge at the Constitutional Court of Italy, presented the last ius commune/global law lecture for this academic year on the topic of "global standards for national democracies". Judge Cassese explored the increasing involvement of international organizations and global public actors in the dissemination of democracy at the national level. Drawing on a number of case studies he critically explored the emergence of global standards for democracy and highlighted the impact of the different kinds of democratic legitimacy developed at the global level on the national level. Pictured (left to right): Judge Sabino Cassese with chairman Dr Ioannis Lianos, organiser of the lecture series.
The Ius Commune/Institute for Global Law speaker programme includes confirmed and promising scholars from non-Commonwealth jurisdictions who present their work on different aspects of comparative law (public and private), private international law and the conflict of laws or interdisciplinary work on themes that are of interest to a variety of legal systems.
Law, Religion and Education Conference: 8 – 9 October 2010
Law, Religion and Education Conference
On 8 and 9 October 2010, the Law, Religion and Education conference was held with great success at Maison française d'Oxford under the auspices of the Institute of Global Law (UCL) and MFO with the support of the Institute for Human Rights (UCL).
The comparative and multidisciplinary perspective adopted shed new light on the delicate articulation of Law and Religion in the sphere of education and on the contours of religious freedoms. Leading academics, barristers specialised in the field, representatives of religious and secular organizations and educationists took part and contributed to the richness of the papers and ensuing debates. For more information:
An edited collection of conference papers (Dr Myriam Hunter-Henin (ed.)) will be published in book form by Ashgate, Cultural diversity and the Law series, in Autumn 2011, foreword by Prof. Robert Jackson, Professor of Religious Diversity and Education, Warwick Religions and Education Research Unit. For further information: Foreword and Contents (pdf)
Prof. Hein Kötz Lecture on the topic of
The Jurisdiction of Choice: England and Wales or Germany?
Chair: The Right Honourable Lady Justice Arden DBE
Continuing in the series of Ius Commune/Global law Lecture Series, on January 20th, Professor Kötz examined the statements made in the brochures, 'England and Wales: The Jurisdiction of Choice' published by the Law society in 2007, and 'Law - Made in Germany' published by the German lawyers' associations in 2009.
These asserted that a codified law is more rigid and prescriptive, and that the availability of a general provision on good faith in the German Civil Code breeds uncertainty and leads to an influx of contractual morality. Both brochures set out, in no uncertain terms, why parties should select English or German law as the law governing their contracts, and why they should opt for English or German courts as the best forum to resolve their disputes. The questions, "Does a certain 'commercial flavour' emanate from English contract law, and is it based on the view that 'it is better that the law should be certain than that in every case it should be just'?", and "What are the specific strengths and weaknesses of English and German civil procedure?" were considered.
Image: Lady Justice Arden DBE and Prof. Hein Kötz
New Ius Commune/Global Law Lecture Series Launched
The inaugural lecture of the new Ius Commune/Global law speaker series, co-organised by the Institute of Global Law and the Centre for Law and Governance in Europe, was held on Thursday, December 3. Dr. Hannes Roesler, Senior Research Fellow at the Max Planck Institute in Hamburg presented his study on the "Protection of the weaker party in European Contract Law - Standardised and Individual Inferiority in Multi-Level Private Law". Professor Hugh Collins from the London School of Economics commented on the paper and chaired the session.
Image: Institute of Global Law Co-Directors, Dr Florian Wagner-von Papp, Dr Ioannis Lianos and Dr Myriam Hunter-Henin with chair, Professor Hugh Collins, and the speaker, Dr Hannes Roesler.
This new lecture series builds on the strong comparative and foreign law tradition of the UCL Faculty of Laws by inviting at UCL confirmed and promising scholars from overseas to present work on different aspects of comparative law (public and private) or interdisciplinary studies on themes that are of interest to a variety of legal systems. A number of events is programmed for this academic year.
Ioannis Lianos appointed as a Non-Governmental advisor (NGA) at the International Competition Network (ICN)
Ioannis Lianos has been appointed as a Non-Governmental advisor (NGA) at the International Competition Network (ICN), the inter-governmental network that oversees and promotes international convergence in competitition law. In particular, Ioannis has been appointed as a NGA to the unilateral practices working group, chaired by the US Federal Trade Commission and the German Bundeskartellamt as well as to the competition advocacy working group chaired by the UK Office of Fair Trading and the Russian Federal Antimonopoly Service.
The International Competition Network (ICN) provides antitrust agencies from developed and developing countries with a focused network for addressing practical antitrust enforcement and policy issues of common concern. It facilitates procedural and substantive convergence in antitrust enforcement through a results-oriented agenda and informal, project-driven organization. The ICN brings international antitrust enforcement into the 21st century. By enhancing convergence and cooperation, the ICN promotes more efficient, effective antitrust enforcement worldwide. Consistency in enforcement policy and elimination of unnecessary or duplicative procedural burdens stands to benefit consumers and businesses around the globe.
NGAs play an essential and valuable role in the ICN's work. NGAs generally participate in one of two ways. In some working groups, NGAs participate directly in projects, alongside member agencies (e.g., the subgroup on merger notification and procedures). In other working groups, NGAs work through their member agencies. In the latter case, member agencies participate in member-only calls but consult regularly with their NGAs; some of these groups (e.g., the unilateral conduct working group) also hold periodic conference calls for both members and NGAs.
Read Daily News Egypt report on the Cairo conference Download
[Photo right: Professor Fedtke (right) addressing the Cairo conference on Freedom of Association]
Professor Jörg Fedtke, currently Visiting Professor at The University of Texas at Austin, is providing comparative advice on freedom of association and political parties at a series of conferences hosted by the Arab League in Cairo. The project, funded by the European Union and organised by the Friedrich Naumann Foundation (Germany), aims to identify common legal principles for NGOs, trade unions and political parties in a number of Arab countries including Egypt, Jordan, Palestine and Lebanon.
Professor Jörg Fedtke gave his inaugural lecture on 10 January 2008 in UCL’s Harrie Massey Lecture Theatre. Titled Constitutional Transplants – Returning to the Garden, the lecture focused on the development of German constitutional ideas, mainly in the area of human rights protection, which were used as a model in South Africa’s Interim and Final Constitutions of 1993 and 1996. The full text of the lecture is due to appear in the 2007/2008 volume of Current Legal Problems.
Civil Disobedience and the German Courts by Professor Peter E. Quint (University of Maryland) is the latest volume to appear in the UT Austin Series in Foreign and Transnational Law, a line of publications closely linked to the research activities of the Institute. Published by Routledge Cavendish and co-edited by Sir Basil Markesinis and Jörg Fedtke, the Series now includes the following titles: Dawn Oliver/Jörg Fedtke (eds), Human Rights and the Private Sphere – A Comparative Study (2007); Guido Alpa/Vincenzo Zeno-Zencovich, Italian Private Law (2007); Alain Plantey, International Negotiation in the Twenty-First Century (2006); Sir Basil Markesinis/Jörg Fedtke, Judicial Recourse to Foreign Law (2006); and Jean-Luis Halperin, The French Civil Code (2006). The next volumes to appear are an introduction to Spanish private law by Teresa Rodriguez de las Heras Bellal and Jorge Feliu Rey, a comparative study on freedom of expression by Vincenzo Zeno-Zencovich, and a book on pure economic loss by Vernon Valentine Palmer and Mauro Bussani. See the Taylor and Francis website at http://www.taylorandfrancis.co.uk/shopping_cart/search/search.asp?search=UT%20Austin for further details.
The Institute of Global Law was pleased to host Justice Dean Spielmann from the European Court of Human Rights on two occasions this Term. Justice Spielmann, sitting on the Court for Luxembourg since June 2004, gave lectures on recent ECtHR decisions and, more generally, current trends in European human rights protection. Professor Philippe Jestaz, Clifford Chance Visiting Professor in French Law in 2007/2008, visited the Institute for three weeks in November and December.
Institute of Global Law wishes to put on record its thanks to Professor
Sir Basil Markesinis, who set up the Institute in 2000 and has
for the past seven years developed it into an internationally recognised
center for foreign law and comparative methodology. Sir Basil retired
from his Chair at University College London on 30 September 2007. One
of his many research projects, the collection of translated German and
French legal materials, will remain accessible via the Institute of Transnational
Law at The University of Texas at Austin.
The Institute is also delighted to welcome Ms Matshidiso Mohajane
as its new administrator. A former LLB and LLM graduate from University
College London, Matshidiso is no stranger to the Faculty. She has a background
in public international law and comparative human rights, and was recently
called to the Bar.
website of translated French and German legal materials has moved to the
Institute of Transnational Law at The University of Texas at Austin School
The Institute is pleased to announce that it’s Director,
Dr Jörg Fedtke, has been promoted to a Personal Chair. Dr
Fedtke joined the Faculty as DAAD/Clifford Chance Lecturer in German Law
in September 2001 and has since then moved to a Lectureship (in 2002) and
a Readership (in 2004).
Dr Fedtke (far right), here with Colm O’Cinneide (UCL, center) and
Philipp Hansen (Friedrich Naumann Stiftung, right) at a conference on
the constitutional future of Iraq in Amman
Institute of Global Law is pleased to announce the recruitment of Tobias
Lock as new DAAD/Clifford Chance Lecturer in German Law. Tobias
studied law at the University of Erlangen-Nuremberg (where he sat the First
State Examination in 2004) and at University College Cork (receiving a Diploma
in Common Law in 2001). He completed his vocational training in Nuremberg
and Brussels, and passed his Second State Examination in 2006.
Tobias joins the Institute from the Department of Public Law at Erlangen-Nuremberg,
where he now holds a research position. He is currently completing his
Ph.D thesis on the relationship between the European Court of Justice
and other international courts. His other research interests include Community
law, public international law, and German public law.
The Institute of Global Law will soon appoint a new DAAD/Clifford
Chance Lecturer in German Law, a post jointly financed by the German Academic
Exchange Service (DAAD) and funds raised by the Institute. Past holders
of this position were Dr Jörg Fedtke (one year) and Dr Thilo Tetzlaff
(three years). The position is currently held by Dr Florian Wagner-von Papp
(since 2005), who was recently recruited by the Faculty for a permanent
lectureship. The new appointment will be made by mid-2007, to take effect
in the 2007-2008 academic year.
Jörg Fedtke, Director of the Institute, continues to give expert advice
on constitutional issues to Iraqi political decision makers. Dr Fedtke was
invited to address MPs and representatives of various political and religious
groups at a meeting hosted by the United Nations in Cairo in January, and
will accompany a parliamentary delegation exploring German federalism in
Berlin this month. Sunni, Shi’ia and Kurds continue to negotiate possible
amendments to the Iraqi Constitution, which came into force last year.
Dr Jörg Fedtke (left), here with Professor Pierre Widmer at a conference
in Vienna, Austria
Lawyer earns rare French honour
By Joshua Rozenberg, Bencher of Gray’s Inn and Legal Affairs Correspondent
of The Daily Telegraph (writing on 17 January 2007)
Beneath the crystal chandeliers and gilt carvings of an 18th-century
Paris salon, the French government granted one of its highest honours
to a British lawyer on Tuesday evening.
Prof Sir Basil Markesinis QC was awarded the blue sash and gold insignia
of a Knight Grand Cross of the Order of Merit, only the sixth Englishman
to receive the honour since it was created by de Gaulle in 1963.
He already holds the Légion d’Honneur, though at a slightly
lower level. “I’m very chuffed,” he says. This award
is only the latest in a mantelpiece-full of academic fellowships and civil
honours that Sir Basil has received from throughout Europe, including
his knighthood two years ago for services to international legal relations.
But, despite his distinction, the subject to which he has devoted his
academic career is something of a mystery to non-lawyers. Born in German-occupied
Athens in 1944 to a Greek father of Venetian ancestry, Sir Basil learned
English and inherited one of his nationalities from his British-born mother,
whose Greek family, from the island of Chios, had escaped to Britain in
After being awarded his first degree in Athens at a precociously early
age, Sir Basil took a doctorate in Paris and then another in Cambridge.
“The real problem — and the real advantage — is that
I had finished law school at the age of 19,” he recalls. “I
was unemployable. So I ended up studying at various places — Paris,
That unusual breadth of experience, coupled with the understanding he
acquired of European languages and culture, laid the foundations for a
career in what is known as comparative law — the study of how different
legal systems cope with common problems. It was a career that took him
to some of the world’s leading universities, where he actively raised
funds and founded institutes to teach the subject he has made his own.
Anyone can learn about a foreign legal system, he believes. But the advantage
of his highly complex background is in helping him to appreciate how foreign
lawyers think. “Understanding the differences in mentality —
understanding linguistic and conceptual differences — is what influenced
the way I tried to shape the teaching of foreign law in this country,”
he tells me at his home in Oxfordshire.
Sir Basil’s commitment to spreading the word about foreign systems
of law is all the more remarkable in the light of his family background.
Presenting him with his award on Tuesday at the Assemblée nationale,
the lower house of the French parliament, its president, Jean-Louis Debré,
recalled that Sir Basil’s parents met during the war and joined
the same resistance cell.
He pointed out that the suffering Sir Basil’s parents had endured
in occupied Greece did not prevent the young lawyer from enthusiastically
embracing German and other continental systems of law after the war.
With that, the Frenchman pinned the badge of the order on Sir Basil’s
chest and kissed him on both cheeks.
“I don’t deserve it — except that I think I am one of
the few people who have really fought for an open mind towards ideas,”
Sir Basil says.
“Probe everything and keep the best,” he says, quoting St
Paul’s First Epistle to the Thessalonians — in his own pithy
Is an multi-national heritage essential for comparative lawyers? “One
of the finest comparative lawyers this country ever had was Harry Lawson,
who was a typical Yorkshireman, though with great sensitivity to these
nuances of foreign law,” he says. “But almost 99 per cent
of the distinguished comparative lawyers, in the generation that influenced
me, were central European Jewish refugees.”
What, though, is the point of comparative law? Sir Basil sees his role
as “packaging” foreign legal concepts in a way that English
lawyers and judges can understand and digest. “That does not mean
that English law is suddenly going to become German law, or French law.”
He would not favour that. “But it does mean that by talking, and
exchanging ideas, lawyers can learn — and understand — their
He gives the example of the Fairchild judgment in 2002, when the law
lords allowed the widow of a worker who had died from asbestos-related
cancer to sue any one of several former employers without proving which
one had been responsible for his illness — something that is beyond
the capacity of medical science to establish.
In following the continental approach rather than existing English law
on this point, the law lords drew on Sir Basil’s study of German
Most of the impetus for importing foreign laws comes from the world’s
newer courts, he notes. Israel’s recently-retired chief justice
Aharon Barak often imported German rulings — though, perhaps understandably,
without attribution. Chief Justice Bark’s decision to apply Canadian
principles on the equal treatment of homosexuals led to calls for his
One country that always seems impervious to foreign influences, particularly
in human rights law, is the United States. Sir Basil accepts that conservatives
on the US Supreme Court such as William Rehnquist and Antonin Scalia have
spoken against the “fads and fashions of Europe”.
Robert Bork, whose nomination to the court was famously rejected by the
US Senate 20 years ago, has referred to comparative lawyers as faux-intellectuals.
But other past and present Supreme Court justices — Sandra Day O’Connor,
Ruth Bader Ginsburg, Stephen Breyer — are more open to ideas from
Europe and elsewhere.
The reasons are broadly historical, Sir Basil says. He suspects that
John Roberts, appointed by President Bush in 2005 to succeed Chief Justice
Rehnquist, may turn out to be more moderate than people expected. “In
the meantime, I think the swing-vote, the successor to Sandra Day O’Connor,
is going to be Anthony Kennedy.”
You can see why the French are grateful to Sir Basil. They must feel
threatened by the dominance of English common law in the settlement of
international commercial disputes. As Sir Basil was reminded in Paris
on Tuesday, he has spoken in the past of his “devotion” to
France and the French legal system.
“But they certainly have not rewarded me for praising their system,”
he insists. “I have always found things that are unattractive in
their system, and the German system and the Italian system — just
as I have found unattractive things in the English system.”
Indeed, but what he has achieved is to make judgments and statutes from
these three continental systems — and now from the courts of Israel
and Austria — available on a public website in English. Translating
legal documents is clearly an expensive business, and the work has been
funded by donors to the University of Texas, where the website is housed.
Next on the horizon for the indefatigable and well-connected Sir Basil
is a forthcoming book called Good and Evil in Art and Law.
Chapter Two, for example, compares Don Giovanni, Faust and Satan with
a “sick, sick, sick” 17-year-old American murderer, a recidivist
child molester from North Wales, and the two journalists from the Sunday
Sport who talked their way into the hospital ward where Gorden Kaye, the
actor who played René in 'Allo, 'Allo, was recovering from a serious
Comparative law was never so interesting.
PHOTOS: The Chairman of the Institute after receiving the
Knight Grand Cross of the Order of Merit from the President of the French
National Assembly, Jean-Luis Debré, in Paris last week (photos by
Paul Cooper, Paris)
The Institute of Global Law is pleased to announce that Roshni
Amin will be joining the team on 25 September 2006 as the new IGL Administrator.
Mrs Amin, who graduated in 2004 with a BA (hons) in Business and Human Resource
Management, previously worked as an events co-ordinator at the Royal Institution
of Chartered Surveyors based in Westminster, Parliament Square. She is taking
over from Cinzia Polese, who will be leaving the Institute to complete her
Trevor Brown: In Memoriam
During its six years of existence the Institute’s website has only
announced ‘good’ news: the arrival of new colleagues; the honours
and rewards given to others; the launching of new research projects in pursuit
of the unattainable object of scholarly excellence. Exceptionally, we publish
today a sad piece of news; but the premature death of Trevor Brown has deprived
us and the legal world at large of an exceptional man. Read
Basil Markesinis QC, FBA, Corresponding Fellow of the Academies of Athens,
Belgium, France, and the Netherlands, was last summer elected Soccio Straniero
(Foreign Fellow) of the Italian Accademia Nazionale dei Lincei. At a formal
ceremony held on 11 November at the Palazzo Corsini, he was formally installed
as a new Academician by the President of the Academy, Professor Giovanni
Conso (formerly President of the Italian Constitutional Court). Afterwards,
along with the other new Academicians, he was formerly received in an audience
by H.E. The President of the Italian Republic Dr. Carlo Azeglio Ciampi at
the Palazzo del Quirinale. The Accademia dei Lincei, founded in 1603, counts
among its founding members Galileo Galilei. It was named after the Lynx,
which is also depicted on its crest, an animal with exceptional sight in
the dark – symbolising, at a time of great scientific discoveries,
the need to see (and understand) clearly the world we live in.
On Monday, 31 October 2005, IGL Visiting Professor
Helmut Koziol from Vienna will be giving a lecture on the harmonisation
of tort law in Europe. Helmut Koziol is currently Executive Director of
the European Centre of Tort and Insurance Law as well as Director of the
Research Unit for European Tort Law of the Austrian Academy of Sciences.
His main fields of research include tort and banking law. The lecture will
be held at 6 pm in the Moot Court.
Jörg Fedtke will be giving the Current Legal Problems Lecture in
the Main Lecture Theatre of Bentham House on 3 November 2005 at 6 pm.
Titled Identity Cards and Data Protection: Security Interests
and Individual Freedom in Times of Crisis, the CLP Lecture will
approach this controversial and topical issue from a comparative perspective,
analysing the UK Government’s plans to fight crime and terrorism
with the help of national ID cards in the light of UK and European Data
Protection Law, the Human Rights Act 1998, and the experience of other
European countries with compulsory measures of this kind.
The Institute of Global Law is happy to welcome Ms Cinzia
Polese, who will join the permanent staff as Institute Administrator on
1 October 2005. Ms Polese was previously Senior Library Assistant and Head
of the Science Issue Desk of UCL’s Science Library. She is currently
working on a PhD-thesis at the Department of Geography under the supervision
of Professor John Salt.
Dr Florian Wagner-von Papp will join the Institute of Global
Law as Clifford Chance/DAAD Lecturer in German Law, taking over from the
current holder of the post, Dr Thilo Teztlaff, in September 2005. Dr Wagner-von
Papp studied law in Tübingen/Germany and New York (N.Y.). He received
a Master of Laws degree from Columbia University (2002) and a PhD from the
University of Tübingen (2004). He is currently a researcher and teaching
assistant at the Chair of Professor Wernhard Moeschel in Tübingen.
Main research interests of Dr Wagner-von Papp include European and German
competition law, EU law, contract and tort, (behavioural) law & economics,
jurisprudence, and comparative law.
to act as an academic expert within the framework of the ‘Democratisation
Assistance Programme’ of the German Foreign Office, Dr Jörg
Fedtke is currently providing expert advice on questions of constitutionalism
to members of the newly elected Iraqi National Assembly. The Assembly is
charged with the task of drafting a final constitution for Iraq by 15 August
Workshops organised by the Friedrich Naumann Stiftung in Amman/Jordan (1
to 5 June 2005) and Cologne/Germany (10 to 16 July 2005) focused on issues
of human rights protection, judicial review, federalism and constitutional
interpretation. See Frankfurter Allgemeine Zeitung of 16 July 2005, pp.
1/2. View 1 | View
Focusing on court practice in the United States, England,
France, Italy, South Africa, Germany and the European Union, the Institute
of Global Law has recently completed an ambitious research project on the
use of comparative methodology by judges. Titled The Judge as Comparatist,
this paper is due to appear in the November 2005 issue of the Tulane Law
Review. Based on the 2005 Eason Weinemann Lecture delivered by Sir Basil
Markesinis at the Tulane Law School on 1 March 2005, the text is an expanded
160-page piece co-authored with Dr Jörg Fedtke, Director of the Insitute.
For the first time it addresses this new and controversial topic in a comparative
perspective, mentions the advantages, and warns against the dangers inherent
in such exercises.
As part of the Institute’s collaborative research projects
we are happy to announce the appearance of Compensation for Personal
Injury in English, German and Italian Law. The monograph is co-authored
by Professor Sir Basil Markesinis, Professor Michael Coester (University
of Munich), Professor Guido Alpa (Corresponding Fellow of the British Academy)
and Mr Augustus Ullstein QC, and has recently been published by Cambridge
City Law Interview with Sir Basil Markesinis,
Chairman of the Institute, The Times, 5 April 2005. With kind permission
of The Times, London. Download
On 22 February 2005, Professor Hans-Joachim Cremer (University
of Mannheim and Visiting Professor at the Institute of Global Law) gave
a lecture on the Terrorism Act 2001 and the recent House of Lords decision
on the detention of terrorism suspects as part of the Clifford Chance/IGL
Lecture Series. Analysing both the Act and the decision from a comparative
perspective, the lecture was particularly valuable for the students on UCL’s
European Exchange Programmes.
New Year Honours List - high honour for Professor
Markesinis, Chairman of the Institute of Global Law
On the recommendation of the Secretary of State for Foreign and Commonwealth
Affairs, H.M. the Queen has made Professor Basil Markesinis QC., LL.D.,
DCL, FBA, Knight Bachelor for services to international legal relations.
H.M. the Queen, dubbing Professor Sir Basil Markesinis, QC, FBA,
Knight Bachelor at Buckingham Palace on the 9th of March for Services
to International Legal Relations. Picture taken courtesy BCA films (published with their kind
The Institute of Global Law and Clifford Chance have organised
a series of lectures aimed particularly at students on UCL’s foreign
exchange programmes with the Faculty’s partner universities in France,
Germany, Italy and Spain. The first of these lectures, held in Bentham House
on 19 October by Professor Johannes Hager (University of Munich and currently
Visiting Professor at the Institute), was focused on questions of German
private law. On 16 November, Julianne O’Leary and Anna Morfey (Clifford
Chance) presented EC Competition Law from the practitioner’s perspective
in the auditorium of the new Clifford Chance headquarters on Canary Wharf.
The next events include lectures by Professor Hans-Joachim Cremer (University
of Mannheim) and Professor Antonio Gambaro (University of Milan).
The Institute Working Paper on developments of the English
law of privacy (see November 2003 news) has recently been published as "Concerns
and Ideas About the Developing English Law of Privacy (And How Knowledge
of Foreign Law Might Be of Help)" in  52 The American Journal
of Comparative Law 133-208.
On Wednesday, 27 October 2004 the French Minister
of Interior, M. Dominique de Villepin gave a lecture at Gray's
Inn. The occasion was his installation as Honorary Bencher of the Inn.
The French Minister after a successful career as a senior civil servant,
culminating in his appointment as Secretary of the Presidency of the Republic,
was appointed Minister for Foreign Affairs before being entrusted with
the sensitive portfolio of Internal Affairs. Despite his very active participation
in national and international affairs, M. de Villpein in the best tradition
of French public life has also been a ‘man of letters’, having
found time to publish poetry, novels, and an award-winning monograph on
Napoleon’s one hundred days after his return from his temporary
exile to Elba.
Professor Markesinis, the Institute’s Chairman and, himself, a
Bencher of the Inn, was instrumental in organising the event, so we are
delighted that the Minister has given us permission to reproduce his speech
in the pages of our website as part of our wider effort to encourage closer
links between Britain and Europe in general and France in particular. Read the Minister's
Monday, 11 October 2004, Professor Basil Markesinis QC,
FBA, Chairman of the Institute of Global Law, was formally received by the
Insitut de France (French Academy) as its new Corresponding
Fellow. He was awarded by the former President of the Academy,
Ambassador Alain Plantey, the insignia of Commandeur de la Legion d' Honneur,
conferred upon him by the President of France for forty years of services
to French and European Law. read
The Italian Ambassador recently awarded Mr Nello Pasquini,
part-time Lecturer in Italian Law at UCL, the Insignia of Officer of the
Order of Merit of Italy “for services to Italian law and Anglo-Italian
relations.” Professor Basil Markesinis, Chairman of the Institute
of Global Law, who attended the ceremony together with Professor Dawn Oliver,
said: “This well-deserved recognition reflects, I think, on all of
us at the Law Faculty and is a further sign that our Faculty and its programmes
and activities are receiving wider attention. We all offer Mr Pasquini our
Dr Fedtke promoted to Reader and Director of the Institute
of Global Law Dr
Jörg Fedtke, who joined the Institute of Global Law as Clifford
Chance/DAAD Lecturer in German Law from the University of Hamburg three
years ago and moved to a UCL Lecturship in 2002, has recently been promoted
to Reader in Comparative Law. He has also been appointed Director of the
Institute and will in this new function continue to work closely with the
Institute’s Chairman, Professor Basil Markesinis. In Austria, the
Vienna-based European Centre of Tort and Insurance Law (ECTIL) has recently
nominated Dr Fedtke a Fellow of the Association. Dr Fedtke, who has published
in the areas of constitutional law and tort law, has plans to further strengthen
the public law activities of the Institute. Professor Markesinis, welcoming
the news, said: “It is extremely rare for a young colleague to have
such an accelerated promotion. In Dr Fedtke’s case it happened because
seven experts from four different legal systems were able to testify for
the excellence of his research and the Faculty of Laws also felt it desirbale
to reward his exceptional service as a teacher and as an adminsitrator.
For me, personally, his appointment is particulary welcome since, along
with our DAAD Lectureship and our German Visiting Professor, we at UCL can
now claim to have one of the largest and most comptent units dedicated to
the teaching of German law in the UK.”
German edition of Comparative Law in the Courtroom
and Classroom set to appear
The German edition of Professor Basil Markesinis’ Comparative Law
in the Courtroom and Classroom is set to appear under the title Rechtsvergleichung
in Theorie und Praxis. Published by Sellier European Law Publishers in Munich,
the translation by Dr Jörg Fedtke will make this original and deliberately
controversial book available to a German audience. The President of the
German Bundesgerichtshof Professor Dr Günter Hirsch will be contributing
a foreword. Further translations of the book are due to appear in France
and Italy. Read
a description of the German edition
New German contract law translations
A new series of translated cases dealing with various aspects of German
contract law will be made available on the Institute’s website shortly.
The material, translated by Mr Raymond Youngs, includes a variety of important
decisions handed down by the Bundesgerichtshof, the Reichsgericht and the
Bundesarbeitsgericht between 1911 and 2002.
German Rechtsreferendar to visit the Institute
Further strengthening its links with Germany, the Institute has agreed to
host young lawyers training for their Second State Exam at the Higher Regional
Courts in Hamburg and Munich. The first Rechtsreferendar from Munich
is due to arrive in August.
Professor Basil Markesinis iselected a Corresponding Member of the Institut de France (French
New Socrates Link with University
of Girona, Spainread
The Institute Research Paper "Concerns
and Ideas about our Developing Law of Privacy (and how knowledge of foreign
law might be of help)" by B.S. Markesinis/C. O'Cinneide/J.
Fedtke/M. Hunter-Henin has been updated in the light of the House of Lords
decision in Wainwright  UKHL 53 of 16 October 2003. The authors criticise
the judgment which they believe may have delayed but not stunted the move
towards a right of privacy to replace the ever-growing but opaque notion
of breach of confidence.
Working Paper has kindly been accepted for publication by the American
Journal of Comparative Law and will appear in the Spring 2004 issue of
the Journal. For an advance copy of the article please contact Dr
Jörg Fedtke or download it from the Institute
Publications section of this website
Fifth Edition of Prof. Markesinis'
Treatise on Tort Law Published read
Markesinis Releases Controversial
Comparative Law in the Courtroom and the Classroom: The Story of the
Last Thirty Five Yearsread
The Institute of Global Law is proud to announce that M. le Conseiller Jean-Paul
Beraudo of the French Cour de Cassation will visit the Institute to
conduct research and teach French law in Spring 2004.
The Institute of Global Law is a research
as well as a teaching institute devoted to the dissemination of knowledge
about 'foreign' law and the bringing together of different legal cultures.
In pursuit of its research duties it has thus decided to launch a series
of collaborative research projects which its members will prepare in association
with distinguished colleagues from other legal systems. Their aim is to
promote scholarship and further knowledge, but also - on occasion - to provide
assistance to our courts which are gradually beginning to show an interest
in how major foreign systems approach problems similar to those that reach
them in England. The first such collective work, co-authored by Professor
Markesinis, Dr. Jörg Fedtke, Dr. Colm O' Cinneide and Dr Myriam Hunter-Henin,
all Institute staff members, is entitled "Concerns and Ideas
about our Developing Law of Privacy (and how knowledge of foreign law might
be of help)". Completed only recently it is reproduced in
the Institute Publications Section of the web site.
Other forthcoming studies will include:
Compensation for Personal Injury in English,
German and Italian Law (to be published in 2004). Co-authored
by Professors Basil Markesinis (London), Guido Alpa (Rome and Genova),
Michael Coester (Munich) and Augustus Ullstein QC (London, Temple).
Problems of Horizontal Application of Human
Rights (projected publication date: 2004). Co-authored by Dr
Jörg Fedtke, Dr Colm O'Cinneide, Professor Basil Markesinis (all
Institute staff members) and Dean Spielmann (Luxembourg).
Further collaborative projects will be announced in due course.
The Institute is proud to announce the visits of Professor
Philippe Jestaz (Paris XII) and Professor David Anderson (The University
of Texas at Austin), who will be teaching French private law and defamation