Institute News

 

May 2013

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

http://negotiating-religion.eventbrite.co.uk/#

 

 

April 2013

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.

http://www.biicl.org/events/view/-/id/753

 

June 2012

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.

 

 

May 2011

Judge Cassese talks about Global Standards for National Democracies

IGLJudge 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.

For more information:
Institute of Global Law

View the Ius Commune / IGL programme for 2011

October 2010

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:

Conference Outline [pdf]
Conference Programme [pdf]
Law and Religion Conference Abstracts and Profiles [pdf]
Listen to the conference speakers

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)

Myriam Hunter-Henin m.hunter-henin@ucl.ac.uk

January
2010

Ius Commune/Global Law Lecture Series

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

December 2009

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.

IUs Commune Lecture
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.

Read more about the Institute of Global Law
Read more about the Centre for Law and Governance in Europe

October 2009

Ioannis Lianos appointed as a Non-Governmental advisor (NGA) at the International Competition Network (ICN)

Ioannis LianosIoannis 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 more about Ioannis Lianos

 

New directors of the Institute appointed:

Dr Myriam Hunter-Henin, Dr Ioannis Lianos and Dr Florian Wagner-von Papp were appointed co-directors of the Institute.

January 2008 Read Daily News Egypt report on the Cairo conference
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[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.

December 2007 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.

October 2007

The 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.

August 2007 The website of translated French and German legal materials has moved to the Institute of Transnational Law at The University of Texas at Austin School of Law.

The full range of judgments and statutes is now available at:
http://www.utexas.edu/law/academics/centers/transnational/work_new/
June 2007 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
May 2007 The 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.

March 2007 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.
February 2007 Dr 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.

Photo:
Dr Jörg Fedtke (left), here with Professor Pierre Widmer at a conference in Vienna, Austria
January 2007 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 the 1820s.

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, Munich, Amsterdam.”

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 translation.

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 own system.”

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 law.

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 resignation.

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 head injury.

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)
September 2006 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 PhD thesis.
January 2006 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 more
November 2005 Sir 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.
October 2005 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.
September 2005

Dr 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.
July 2005 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.
May 2005 Invited 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 2005.

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 2
April 2005 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 University Press.
City Law Interview with Sir Basil Markesinis, Chairman of the Institute, The Times, 5 April 2005. With kind permission of The Times, London.
Download
February 2005 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.
January 2005 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 permission).
November 2004 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 [2004] 52 The American Journal of Comparative Law 133-208.
October 2004

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 speech

On 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 more
September 2004 The Italian and German editions of Professor Basil Markesinis’ “Comparative Law in the Courtroom and Classroom” have recently been published by Giuffrè Editore (Milan) and Sellier European Law Publishers (Munich) respectively. The book has received much attention in the United Kingdom and is also likely to have some influence on the contemporary debate about comparative methodology on the Continent. The German edition is accompanied by a foreword by the President of the German Supreme Court (Bundesgerichtshof), Professor Dr Günter Hirsch. A French edition is currently in preparation.
July 2004 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 warmest congratulations.”
June 2004 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.
May 2004 Listen to Professor Basil Markesinis on Radio 4's "Unreliable Evidence" programme discussing Common Law v. Civil Law with Sir Konrad Schiemann, Professor John Bell and Hugh Mercer.
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February 2004 Professor Basil Markesinis is elected a Corresponding Member of the Institut de France (French Academy). read more
November 2003 New Socrates Link with University of Girona, Spain read more
  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 [2003] 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.

This Institute 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

October 2003 Fifth Edition of Prof. Markesinis' Treatise on Tort Law Published read more
  Markesinis Releases Controversial Comparative Law in the Courtroom and the Classroom: The Story of the Last Thirty Five Years read more
  Visiting Staff
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.

September 2003
Visiting Staff
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 law respectively.
May 2003



New Lectureship appointments
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Federal Republic of Germany awards Professor Basil Markesinis high decoration
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Official launching of new ventures

Autumn 2002 German law website launched at the Inner Temple
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March 2003 French law website launched by the Court of Cassation in Paris
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April 2003 New Co-operation agreement with the Institute for Competition and Commercial Law at the University of Bonn
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October 2002 Inauguration of the Spadolini Chair for Italian Law
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June 2002 UCL honours distinguished women judges
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October 2001 New teaching staff
Dr Jörg Fedtke and Dr. Thilo Tetzlaff join the Institute of Global Law's teaching staff.
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New Members of the Committee of Patronage
Three new members join the Committee
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