Lincoln Law School holds two research events in February 2014

Lincoln Law School held two research events in February 2014.

On 5 February 2014, Dr Klaus Beiter, Marie Curie Fellow at CERD, University of Lincoln, gave a presentation on ‘The Protection of the Right to Academic Mobility under International Human Rights Law’. The paper presented some preliminary findings of current research which Dr Beiter is carrying out as part of his postdoc on the topic: “Safeguarding Academic Freedom in Europe”, under the supervision of Professor Terence Karran (CERD, University of Lincoln).
Dr Beiter examined the right to freedom of movement of scholars – conceived as a right to academic mobility – as part of the right to academic freedom. In his presentation he explained how (binding) international human rights law does not accord express protection to this right. Whereas the right to freedom of opinion and expression in Article 19 of the 1966 International Covenant on Civil and Political Rights may be relied on to protect a multitude of facets covered by the right to academic freedom, Article 13 of the 1966 International Covenant on Economic, Social and Cultural Rights on the right to education may, in fact, be seen to constitute a complete locus for the right to academic freedom.

On 19 February 2014, Professor Louis J. Kotzé from the North-West University in South Africa, gave a talk on sustainable development as a key feature of environmental constitutionalism using South Africa as his main case-study. In his talk, Professor Kotzé examined South Africa’s domestic legal regime to illustrate how certain national legal systems have constitutionally entrenched sustainable development. In particular, in South Africa, sustainable development has been an integral part of the legal order since the advent of democracy and transition to a constitutional state in 1994. The country included an environmental right in its own Constitution of 1996 and adopted a comprehensive body of environmental legislation to give effect to this right’s broader policies and constitutional objectives. Professor Kotzé illustrated how by means of this entrenchment, sustainable development has become a constitutional issue or concern in the country and may play, therefore, an important role in promoting a rule of law approach in South Africa.

Success of our Employer Mentoring Scheme

The School has been running an employer mentoring scheme for a year. Here is a short report from one of the students, which highlights the benefit of the scheme:

Lee Kolvik

My name is Lee Kolvik and I am a law student at Lincoln University. I applied to join the Mentor Scheme because I felt that having one to one contact with somebody who has extensive experience in the profession I wish to be part of would be invaluable. As I also work full time, I do not get the opportunity to apply for summer work experience and so having a mentor would afford me the same chances as other student to get an insight in to, and feel for, the legal profession.

Upon meeting my mentor, Judy Brennan, we had an in-depth conversation about what I hoped to achieve from the scheme and about my reasons for studying law. This was really important as it gave Judy an idea of the best way to tailor the mentor days for me, and it gave me a clear indication of what was expected of me in return. It is important that students understand that this is a two-way relationship and it is not about sitting back and having things given to you. Students are being given valuable time and having trust placed in them by the mentors and this responsibility should not be taken lightly.

The things I have experienced so far on my ‘mentor days’ have really furthered my progression at university. On my first day Judy allowed me, with the clients permission, to sit in on an interview. Mr and Mrs Bloggs were now not just names from a seminar problem question, but they were real people sitting in front of me firing questions at Judy. This was real life, something that no lecture or seminar can properly prepare you for. We take it for granted that the advice we give to our fictitious clients in seminar questions is gratefully accepted by Mr and Mrs Bloggs but in reality this is not always the case. Watching the way Judy handled these clients, the professionalism and honesty she displayed was an extremely valuable lesson and something that university cannot teach.

I have been able to sit and read through current case material and have been involved in discussions about how cases are progressing and have been made to feel like I am part of the team. I have also been fortunate enough to be invited by Judy to attend cases at both the Magistrates and Crown courts and it was here that my lecture and seminar material really came to life. Observing how all the parties in the cases interact with each other and watching the whole process unfold was a fantastic experience and greatly furthered my understanding of my university subject material. I returned to classes with renewed vigour after my ‘mentor days’.

There is so much more I could write about the benefits of the university mentor scheme and in my experience there have been no negatives. It has been, and continues to be, such a valuable experience offered by the university in partnership with local law firms and one I would wholeheartedly recommend all students to take advantage of.

The only other bit of advice I would urge students to consider is this; whilst out at your law firms, whilst sitting in interviews with clients or sitting in court you are representing both the university and your mentor and law firm. This is an extremely privileged position for somebody to be in at such an early stage in their legal ‘careers’. In return for this trust, show willing, be interested and show that the knowledge that your mentor is giving to you is going towards turning you into the type of lawyer your mentor and the legal profession will be proud of.

Lincoln Law School International and European Law Research Seminar – 6 November 2013

Lincoln Law School International and European Law Research Seminar – 6 November 2013

Professor Jeff Kenner, Professor of European Law, University of Nottingham – ‘Shaping the Social Dimension of Globalisation? An Analysis of the Strategic Partnership between the EU and the ILO’

The presentation explored the roles played by the EU and the ILO in forging a strategic partnership to advance the social dimension of globalisation. The EU and the ILO have worked in close cooperation from the formation of the Community with both actors benefiting from the cross-fertilisation of policies and methods for the adoption, observance and enforcement of transnational labour standards and, latterly, the promotion of fundamental social rights.

Professor Kenner identified and examined three phases of the strategic partnership between the EU and the ILO. The paper concluded with a focus on the further evolution of the EU/ILO relationship as a force for the advancement of the social dimension of globalisation and questioned the extent to which it is possible, or desirable, for the EU to ‘shape’ globalisation by protecting its social model internally and promoting ILO standards externally.

Jeff Kenner is Professor of European Law in the School of Law, University of Nottingham. He is a legal expert of the EU Fundamental Rights Agency and the European Commission. He is also project leader for the HRLC team on FRAME (Fostering Human Rights Among European Policies), a large-scale and collaborative research project involving 19 research centres from around the world under the EU’s Seventh Framework Programme.

New Publication on EU Asylum Law by Dr Velluti

New book written by Dr Velluti entitled ‘Reforming the Common European Asylum System – Legislative Developments and Judicial Activism of the European Courts’ is published

This timely volume critically examines selected EU instruments adopted in the context of the Common European Asylum System and key judgments of the European Court of Justice and European Court of Human Rights. The analysis includes an assessment of the recast asylum package adopted in June 2013. The book’s focus is on the protection of fundamental human rights of asylum seekers and responds to some of the contemporary challenges faced by the EU protection regime.

Further details of the book can be found at:

 http://link.springer.com/book/10.1007/978-3-642-40267-8

Dr Velluti contributes to a New Report on ‘Migration and the Law’ for the International Academy of Comparative Law (IACL)

Dr Velluti has recently contributed to a report on the UK experience in relation to migration and  law. The report has been drafted in response to a questionnaire issued by the International Academy of Comparative Law (the ‘IACL’) on migration and law for the forthcoming 19th International Congress of Comparative Law, to be held in Vienna (Austria) in July 2014.

The report consists of two parts. The first part, entitled ‘Migration and Residence’, examines the principal legal instruments that bind the state and public authorities in matters of migration. The second part, entitled ‘Migration in a Broader Perspective’, situates the principal legal rules on migration, in force in the UK, into their broader historical and international context. Dr Velluti has contributed to the second part of the report and, in particular, on the section on the role of human rights and humanitarian protection, with a focus on domestic law and practice concerning the asylum process.