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					 Oxford Law News
         UNIVERSITY OF OXFORD                                                                                     ISSUE 8, SUMMER 2003




                                                                                   From the Chair of the Law Board
                                                                   The Oxford Law Faculty values the      regional centres. In addition, we hope
                                                               support of its exceptional community of    to supplement the annual Law News
                                                               alumni and friends. The Law News has       with a more informal newsletter to keep
                                                               been one way of keeping in touch but,      you informed of regular developments
                                                               over the next few years, we hope to        in the Faculty. To this end, it would be
                                                               explore      new    opportunities    to    very helpful if you could let us know of
                                                               strengthen our ties with our broader       any updated contact details on the
                                                               community. The first of a series of        form enclosed, and also of the contact
                                                               events designed at bringing that           details of anyone you believe would be
                                                               community together will be held at the     interested in receiving either the Law
                                                               Mansion House in London on 3               News or the planned newsletter. Since
                                                               November 2003 by the kind invitation of    I began my term as Chair of the Law
                                                               an alumnus, the Lord Mayor, Alderman       Board I have been very aware of the
                                                               Gavyn Arthur, and with the generous        warmth of support for Oxford Law that
                                                               support of Shearman & Sterling. The        exists outside the Faculty. That support
                                                               size of the venue means that we have       is very important to us as we face new
                            Barry Roberts / laurelstudio.com




                                                               essentially invited London-based           challenges in the University sector. I
                                                               alumni and friends to this event, but if   must thank our alumni and friends for
                                                               anyone who has not received an             all that they continue to do for us.
                                                               invitation will be in the capital that
                                                               evening and could join us, do let me
                                                               know. Over the next few years we will
                                                               be holding further events in the major                            Michael Spence




                          INSIDE THIS ISSUE



Tax Law Without                                                           Criminology                                             Regulation
Boundaries? page 2                                                             page 3                                                     page 8




Stefan Vogenauer                                                 Regulating Transnational                               New Foundation
page 6                                                               Markets page 13                                  Benefactors page 20
TAX LAW WITHOUT
BOUNDARIES?
    Tax law frightens people. Even lawyers
of great eminence and erudition in other
fields seem to think tax is dry, technical,    INAUGURAL LECTURE 12 May 2003
complicated and full of numerical              PROFESSOR JUDITH FREEDMAN
calculations. Giving an inaugural lecture in   KPMG PROFESSOR OF TAXATION LAW
tax law was therefore a daunting challenge,
especially as it marked the foundation of      has also created complexity for many                                                boundaries in this context has proved
the new KPMG Chair in Taxation Law. I          ordinary taxpayers due to the consequent                                            particularly problematic. Some of these
took my task to be to show why tax law is      anti-avoidance legislation. Taxpayers who,                                          lines seem to be impossible to draw with
a key area for study by lawyers - and          not surprisingly, attempt to use the                                                precision and yet on which side of the line
interesting too! It is highly conceptual and   opportunities created by the varying tax                                            a taxpayer falls can have dramatic
links with many other areas of study, both     treatment of different legal arrangements,                                          consequences. Is this focus on boundaries
legal and in other disciplines. The study of   are countered by special legislation. For                                           always the right way forward? To what
tax law is rich in principles and can be       example, the so-called IR35 treats some                                             extent, and in what circumstances, is the
doctrinal, contextual, theoretical and         company owners as if they were                                                      failure to draw a clear line a deficit of the
interdisciplinary. It is certainly not all a   employees, so trying to undo some of the                                            rule of law? Could it be that, in some
question of computation (not at least, in      harm done by government not paying                                                  cases, what matters is not whether the
my classes).                                   enough attention to legal form in the first                                         boundary lines are clear but how we deal
    The title was deliberately enigmatic       place. It does this in a complex and                                                with the inevitable lack of clarity? Is the
and dealt with several different types of      uncertain way, without reference to                                                 move for greater corporate social
boundary. The first area for discussion was    employment rights, causing confusion and                                            responsibility of any relevance in
the boundaries, if any, of the discipline of   taxpayer discontent. This is just one                                               controlling tax avoidance?
tax law. What is its place in the university   example of the way the failure to consider                                              I argued that strict rules are needed to
law faculty and what is the role of tax law    tax as part of the general legal system has                                         determine what constitutes criminal
in tax research, policy making and the         led to difficulties.                                                                evasion, even if this means they are
business world? The lecture set out to             A second type of boundary is the                                                under-inclusive. The ‘rule of law benefits’
show that the study of tax law is not          boundary as a tool of tax law. I used this in                                       outweigh the need to cover behaviour at
remote from the study of law generally, but    the lecture to show the relationship                                                the boundaries. The current test of
is both anchored in other areas of legal       between a central tax question and other                                            dishonesty judged by the standards of
study and helps to shape those other areas.    areas of legal research, such as legal theory,                                      ordinary decent people may be inadequate
Neither is tax law a mere mechanism to be      regulation, criminal law and corporate                                              to test whether complex tax schemes
applied once the economists and                responsibility (including the work of                                               amount to evasion or merely avoidance
politicians have determined tax policy. It     Dworkin,         Endicott,     Braithwaite,                                         and more specific disclosure requirement
has a role in helping to shape policy that     McBarnet, Black and Ashworth). Tax law                                              and penalty regimes may be required.
goes well beyond simple implementation.        attempts to draw a boundary between                                                     When it comes to differentiating
    This can be illustrated by examining       evasion (illegal) and avoidance (legal).                                            between so-called acceptable and
the taxation of small businesses. The          Sometimes it is argued that we can sub-                                             unacceptable avoidance or, to use non-
failure of government to recognise the         divide avoidance further as acceptable                                              judgmental terms, effective or ineffective
legal issues surrounding whether a             (that is, effective) and unacceptable                                               avoidance, the position may be different.
business is run as a company, a partnership    (ineffective) avoidance. The focus on                                               Attempts to achieve certainty result in
or a sole tradership, or whether a person                                                                                          problems of their own, encouraging
supplying labour is employed or self-                                                                                              compliance with the letter but not the
employed, has led to policy mistakes, the                                                                                          spirit of the law. Specific anti-avoidance
fruits of which we continue to reap. Tax                                                                                           legislation sometimes creates loopholes as
legislation has been seen as separate from,                                                                                        well as removing them. Arguments relying
not part of, company, partnership and                                                                                              on economic reality may be unhelpful,
employment law. This has created                                                                                                   given that the tax system itself is not
                                                                                                Barry Roberts / laurelstudio.com




opportunities for taxpayers to make tax                                                                                            founded on economic reality but often
savings through a tax driven choice of legal                                                                                       builds in tax incentives, such as capital
form. Government policy accentuates the                                                                                            allowances, or taxes quite deliberately on
degree to which tax is based on artificial                                                                                         the basis of legal form, as we have seen.
concepts rather than economic reality.                                                                                                 Against this background, I put
    Not only has this situation cost the                                                                                           forward a case for a general anti-
Exchequer large amounts of money but it                                                                                            avoidance principle (GANTIP) governing

2
approaches to tax avoidance and
providing a framework for managing
uncertainty through dialogue and
                                                                                                                        CRIMINOLOGY
interaction        between        taxpayers,                                             Major changes are taking place in the Law Faculty’s criminology community. Professor Roger
professionals and revenue authorities. A                                             Hood retires on 30 September 2003 after 30 years as Director of the Centre for Criminological
GANTIP is needed to modify the                                                       Research, and the new Professor of Criminology, Professor Richard Ericson, takes up his post
established principle that taxpayers may                                             in January 2004. Dr Federico V      arese has been appointed to a new University Lecturership in
organise their affairs to pay the minimum                                            Criminology from 1 September. Dr Lucia Zedner, Reader in Criminal Justice and Fellow and
possible under the law. Corporate                                                    Tutor in Law at Corpus Christi College, takes up a British Academy Research Readership on 1
governance principles now show us that                                               October 2003, and will be on research leave for two years. Ben Goold will join the Criminology
profit maximisation needs to be seen                                                 teaching group as a Fellow and Tutor in Law at Somerville College. The Centre for Criminological
within a broad context, taking into                                                  Research is beginning preparations for its move in summer 2004 to the new building for the Centre
account the effect on shareholder value of                                           for Advanced Studies in the Social Sciences, behind the Law Library on the St. Cross site.
corporate behaviour on a range of
stakeholders. Likewise, directors need to
be able to judge the effect of tax
avoidance schemes in a wider context. A
general anti-avoidance rule has been
rejected in the past in the UK for lack of
certainty. This applies the wrong test.
What is needed is not a detailed rule,
which will not achieve certainty in any
event, but a principle to balance the tax
minimization principle.
    The breaking down of a third type of
boundary, the geographical, further
complicates these issues. It creates
opportunities for international tax
planning or avoidance and raises questions
                                                  Barry Roberts / laurelstudio.com




about the responsibilities of the citizen,
especially the multi-national corporation,
towards the state. Inter-state co-operation
is essential if avoidance is to be tackled
sensibly.
    The objection is sometimes voiced
that tax law is difficult to teach because it
builds to such an extent on other areas of                                               Professor Roger Hood came to                   provide the Centre with the university
substantive law and is so inter-related with                                         Oxford as University Reader in                     posts needed to give criminology a
other disciplines. This is not a reason for                                          Criminology in 1973, and was elected               permanent base within the Faculty. His
leaving tax out of the legal curriculum but                                          a Fellow of All Souls. During his long             advocacy of the need for more than
a reason for inclusion. Tax law can cast                                             tenure of the directorship he has built            one established post bore fruit in 1992:
light on the way other areas of law have                                             up the Centre for Criminological                   the first University Lecturership in
evolved and underline the importance of                                              Research into a major force in British             Criminology was created (held first by
fundamental concepts. Frequently it is in                                            criminology. In the late 1970s he                  Andrew Sanders and now by Richard
tax cases that fundamental issues of                                                 persuaded the Home Office to fund the              Young), and a second University
general importance have been moulded                                                 expansion of the Centre’s research                 Lecturer (Carolyn Hoyle) was
and clarified. Likewise, as seen above, a                                            staff through a five-year rolling grant            appointed in 2000. A Review of the
proper knowledge of the underlying legal                                             and, although that arrangement ended               Centre for Criminological Research
concepts is essential for a real                                                     when the government altered its                    reported positively in 2001, and in
understanding of tax policy. Academic tax                                            financing arrangements in the early                consequence the Lecturership held by
lawyers have much to offer across                                                    1980s, the Centre continued to attract             Colin Roberts (who had been
disciplinary boundaries, both within the                                             grants for its path-breaking work in               seconded from the Department of
legal world and beyond.                                                              fields such as burglary, victims in the            Social Policy and Social Work to be
                                                                                     criminal justice system, prosecution               Head of the Centre’s Probation Studies
                     For a fuller discussion of                                      policies, race issues in criminal justice          Unit) was transferred to the Law
           Tax and Corporate Responsibility,                                         and so forth.       Professor Hood’s               Faculty in 2002; the new Lecturership
                 interested readers should see                                       success in obtaining funding for major             to which Federico Varese has been
     Freedman, The Tax Journal, 2 June 2003.                                         research projects could not, however,              appointed was created; and the

                                                                                                                                                                                    3
    Faculty has accepted the case for the      Hood (edited by Lucia Zedner and
    establishment of a new University          Andrew Ashworth). Roger Hood
    Readership in Criminology from 2004.       leaves      the     Centre      for
    Throughout all these changes the           Criminological Research in fine
    Centre has continued, under Professor      shape.      He will spend the
    Hood’s guidance, to undertake major        academic year 2003-2004 as
    research projects which substantially      Visiting Professor of Criminology
    enhance the Law Faculty’s research         at the University of Hong Kong,




                                                                                                                                       Barry Roberts / laurelstudio.com
    profile, and to provide teaching for the   and will then return to continue
    FHS, the BCL, and the new M.Sc. in         with research and writing among
    Criminology and Criminal Justice.          his colleagues in Oxford.
       Despite the burdens of running the          His successor, Professor
    Centre for 30 years, Professor Hood        Richard Ericson, is Professor of
    has himself produced many major            Law and Sociology at the
    works on criminology. The long list        University of British Columbia,
    includes volume 5 of the History of        and Principal of Green College,
                                                                                                                 Dr Federico Varese
    English Criminal Law (1986, with Sir       Vancouver; he was elected a
    Leon Radzinowicz), The Death Penalty:      Fellow of the Royal Society of
                                                                                             and has produced an acclaimed study
    a World-Wide Perspective (1989, 3rd        Canada in 1987. He has acquired an
                                                                                             of the Russian mafia together with
    ed. 2002), Race and Sentencing             international     reputation    as     a
                                                                                             several articles and book chapters.
    (1992), and The Parole System at Work      criminologist, through his works on
                                                                                                 Dr Lucia Zedner emerged
    (2000, with Stephen Shute). Professor      policing, the criminal process, the role
                                                                                             successful from the always fierce
                                               of the media, and latterly assessments
                                                                                             competition for a British Academy
                                               of risk and the insurance industry. He
                                                                                             Research Readership, which provides
                                               obtained his Ph.D. from the University
                                                                                             the cost of replacement teaching for
                                               of Cambridge, and was a Visiting
                                                                                             two years whilst the Research Reader
                                               Fellow at All Souls College in 1998-99.
                                                                                             has an unbroken period of study and
                                               When he takes up the chair and the
                                                                                             writing.     Lucia Zedner’s topic is
                                               directorship in January 2004 he will be
                                                                                             “Security and Justice: an enquiry into
                                               a Fellow of All Souls and will be
                                                                                             the normative issues raised by
                                               teaching on the BCL and the M.Sc. in
                                                                                             changes in the governance of crime.”
                                               Criminology and Criminal Justice.
                                                                                             This will involve an examination of the
                                                   Dr Federico Varese, Assistant
                                                                                             challenges posed to criminal justice by
                                               Professor at Williams College,
                                                                                             changes in the governance of crime,
                                               Massachusetts, has been appointed a
                                                                                             under the broad rubric ‘the pursuit of
                                               University Lecturer in Criminology with
                                                                                             security’. These changes include the
                                               effect from September 2003, and will
                                                                                             rise of risk assessment, prudential
                                               be a Fellow of Linacre College. He will
                                                                                             strategies,      crime     prevention,
                                               have special responsibility for
                                                                                             community safety initiatives, and,
                                               developing a course on methods of
Professor Richard Ericson                                                                    above all, the rapid growth of the
                                               criminological research as part of the
                                                                                             private security industry.
                                               M.Sc. programme. Federico Varese
    Hood’s eminence in criminology has         obtained his D.Phil in Oxford in 1997,
    been recognised in the many honours
    he has received, including the C.B.E.,
    Q.C. honoris causa, DCL, Fellow of the
    British Academy, the Presidency of the                                 BEN GOOLD
    British Society of Criminology from
    1987 to 1989, and the prestigious                 Ben has been appointed to a tutorial fellowship in Law at Somerville College
    Sellin-Glueck Award for Distinguished         from October 2003. Ben is a graduate of the University of Tasmania with
    International     Contributions     to        degrees in both Economics and Law. He came to Oxford as a Rhodes Scholar
    Criminology, from the American                in 1994 for the BCL and stayed to write a DPhil on the introduction of public
    Society of Criminology. In June 2003          surveillance CCTV . Fluent in Japanese, Ben
    he was presented with a Festschrift           is a person with an unusual range of talents. He has already taught in Australia,
    written in his honour by several              the United States, Japan and the United Kingdom and has an impressive list
    colleagues from across the world: The         of publications. While in Oxford as a student he also managed to pick up a Blue
    Criminological Foundations of Penal           for his sporting prowess and he has been active in volunteer organisations
    Policy: Essays in Honour of Roger             such as Liberty, Justice and the Free Representation Unit. Ben joins a proud
                                                  tradition of migration from Australia to the Oxford Law Faculty!

    4
   BAKER & MCKENZIE SEMINAR AND DISCUSSION ROOM
        In early 2003 Baker & McKenzie agreed to support the Law Faculty
   through a generous donation to the Bodleian Law Library. Their gift of
   £200,000 over five years will be used to help provide students with a
   hybrid collection of printed and electronic materials essential to their
   studies.
        In recognition of their generosity, a seminar room in the Library has




                                                                                                                       Oxford University Library Services
   been renamed the Baker & McKenzie Seminar and Discussion Room.
   It is available to readers as a discussion area or quiet work place when
   not in use for seminars. In this era of rapid change, it is essential for
   libraries to adapt their services and premises to meet their readers’
   changing styles of work and so the Bodleian Law Library is delighted
   to be associated with Baker & McKenzie in the promotion of this new
   workspace. A publicity campaign of posters, notices and bookmarks
   launched the room and will be repeated in October.
        An informal reception to mark the donation and the naming of the room was held in the Library and the Senior
   Common Room on 22 May 2003. Jane Hobson, Simon Hughes, Jeremy Goldring and Richard Hawtin from Baker
   & McKenzie saw the Room (slipping into it between seminars) and the publicity and then chatted with members of
   the Law Faculty, students and Bodleian Law Library staff at an informal reception.
        The Law Faculty and the Bodleian Law Library are very grateful to Baker & McKenzie for their support and are
   delighted with this new link between the Faculty and the legal profession.




INSTITUTE OF EUROPEAN AND COMPARATIVE LAW
   The Institute has had a very good      Directorship of the Institute also in     Law Archive and as one of the editors
year in which it has sought to            October 2002, in succession to Dr         of the Oxford University Comparative
consolidate its links with other          Stefan Enchelmaier who has                Law Forum. There is a very real
European universities and institutions    continued to work in the Institute in a   prospect that, as the result of the
concerned with the study and              research capacity this year and who       continuing generosity of Dr and Frau
practice      of      European     and    now holds a post in the Max Planck        Schumann on behalf of the Brost
comparative law, to create new links      Institute for Intellectual Property,      Foundation, it may be possible to
with further such institutes, and to      Competition and Tax Law in Munich.        upgrade the lecturership into a chair
promote and facilitate teaching and       In September 2002, Dr Diamond             within the coming year.
research       in     European     and    Ashgiabor, formerly a doctoral                The University conducted an
comparative law within the Law            researcher at the European University     election for the vacant Chair in
Faculty.                                  Institute in Florence, was appointed      Comparative Law and we are pleased
   There have been a number of            to a Career Development Fellowship        to record that Mr Stefan Vogenauer,
auspicious arrivals of new appointees     in European Community Law held at         who was elected to that Chair, will
at the Institute, and departures to       the Institute, along with a Junior        take up his post by October 2003 and
distinguished            appointments     Research Fellowship at Worcester          has agreed to become the Director of
elsewhere. Professor Denis Baranger       College. Denis Baranger, Katja            the Institute in October 2004.
of the University of Paris II, who        Ziegler and Diamond Ashgiabor are             Professor Tony Bradley, formerly
specialises        in     comparative     all now fully involved in research and    of King’s College London, and Dr
constitutional legal history, took up     writing and teaching within the           Simon Whittaker, were invited and
the seconded post which is funded         Institute and the Faculty.                accepted to be Senior Research
by the French Government and a                Dr Gerhard Dannemann, the Brost       Fellows of the Institute and are now
Deputy Directorship of the Institute in   Lecturer in German Private Law, was       working in association with the
October 2002, in succession to            elected to a new Chair in British         Institute and making significant
Professor Otto Pfersmann now              Studies at the Humboldt University in     contributions to its activities.
returned to the University of Paris I,    Berlin and took up his Chair in               In addition, a number of members
but still in close contact with the       January 2003. We are most grateful        of the Faculty and associates of the
Institute. Dr Katja Ziegler took up the   to him for continuing to act as the       Institute have been deeply involved in
DAAD Lecturership and a Deputy            editor of the internet based German       its work.        Mr John Cartwright

                                                                                                                                                            5
continues to put enormous energy              Among      a     succession       of
and care into the running, with Jenny     distinguished visitors to the Institute             WHOSE
Dix, of the Law Faculty’s Law with        in the course of the year have been
Law Studies in Europe programme.
Professor      Stephen      Weatherill,
                                          Professor Dagmar Coester-Waltjen of
                                          the University of Munich, Professor
                                                                                             EUROPE?
Professor Ulf Bernitz and Ms              Kyoko Kimpara of Chiba University,
Catherine Redgwell (about to              Professor Sergio Cámara Lapuente of             In April 2003 a conference was held
become       Professor     of  Public     the University of La Rioja, Professor       in the Said Business School under the
International Law at University           Harry Arthurs of Osgoode Hall Law           title “Whose Europe? National Models
College London) have all put              School, Professor Katherine Van             and the Constitution of the European
tremendous effort into the Institute’s    Wezel Stone of Cornell Law School,          Union”. The event was founded on the
programme of conferences and              and Professor Juergen Basedow of            premise that whatever form it might
seminars. In October 2002 Professor       the Max-Planck Institute in Hamburg,        take a ‘European Constitution’ cannot
Derrick Wyatt was appointed Chair of      all of whom gave very significant           and should not reproduce at the
the      Institute’s     Management       seminars within the Institute and the       European level the constitutional logic
Committee. Professor Wyatt is             Faculty.                                    of the nation-state in general, nor of
himself a major authority on EU law.          The Faculty continues to be very        any state in particular. At the same
   All the academic personnel             gratefully in the debt of the many          time national political cultures
associated with the Institute have        donors and institutions which support       constitute the fundamental historical
sought to maintain a full and             the Institute’s activities in such          and conceptual building blocks for
significant scholarly output despite      significant ways. It continues to be        constitutional thinking in the EU. So
their    extensive    teaching    and     appropriate to single out the firm of       while the EU should not
academic responsibilities. Books and      Clifford Chance for very special            become a “state writ
major articles published during the       mention and to refer to the support         large”, in practice, the
year by them include Professor Mark       which the firm of Linklaters provide        design of its institutions
Freedland’s book on The Personal          for the Institute’s activities in           has been and continues
Employment Contract and Dr Katja          connection with Italian universities.       to be inspired by “what
Ziegler’s book Fluchtverursachung                                                     we know”. This tension
als völkerrechtliches Delikt.                                                         between the old and the
                                                                                      (as yet unknown) new
                                                                                      pervades the whole
                                                                                      European constitutional
STEFAN                                    Oxford, and Regensburg University in        debate. A number of
VOGENAUER                                 Bavaria, Mr Vogenauer has also spent        high-profile     speakers,
                                          time studying in Paris. He gained a         including           several
   Stefan      Vogenauer,     currently   degree in Jurisprudence from Kiel           members         of     the
Research Fellow at the Max Planck         University and an MJur in European and      Convention       on    the
Institute for Foreign and International   Comparative Law at Trinity College,         Future of Europe chaired
Private Law and part-time lecturer in     Oxford, before going to Regensburg          by     Valéry      Giscard
comparative law at the Bucerius Law       University to study for a PhD and           d’Estaing, provoked an
School, Hamburg, has been appointed       complete his practical legal training.      interesting and, indeed, inspiring
to the Professorship of Comparative       Only 34 now, Mr Vogenauer has worked        debate across a memorable Oxford
Law with effect from 1 October 2003.      as a research assistant and an assistant    weekend. The Conference was a joint
   Educated at Kiel University,           lecturer prior to his current posts, as     enterprise involving several different
northern Germany, Trinity College,        well as doing a mandatory two-year spell    entities within the University with
                                          in the German Army.                         interests in the general phenomenon of
                                              His major work, Die Auslegung von       European Studies. The Institute of
                                          Gesetzen in England und auf dem Kontinent   European and Comparative Law, for
                                          has been widely acclaimed. Professor        these purposes representing the Law
                                          John Bell praises it as a “monumental”      Faculty, has been lately active in
                                          work       that     demonstrates      the   promoting closer links with cognate
                                          “remarkable breadth of the author’s         disciplines in the University and this
                                          understanding of his subject.” Mr           conference was in part designed as a
                                          Vogenauer’s appointment is a strong         high-profile advertisement of the
                                          addition for the Faculty and continues      successful prosecution of this task.
                                          its fine tradition of comparative law — a   Professor Stephen Weatherill served
                                          tradition including major figures such as   on the Steering Committee of the
                                          Lawson, Kahn-Freund, Nicholas and           Conference, while Professor Paul Craig
                                          Rudden.                                     and Professor Derrick Wyatt both
                                                                                      examine Germany, the Basque
delivered papers, examining the nature     SUB-NATIONAL                               Country and the Finnish Aland Islands.
of constitution-making and the role of
the     principle    of    subsidiarity
                                           ACTORS                                     Speakers were Peter Mueller Graff
                                                                                      (University       of       Heidelberg),
respectively. Moreover close to twenty         A conference on “Sub-National          Joxerramon Bengoetxea (University of
other members of the Faculty attended      and Regional Actors in the European        the Basque Country) and Niilo
the conference and participated in the     Union” was held in Lincoln College in      Jaaskinen       (Finnish      Supreme
lively discussions, both inside and        late April 2003. The event was staged      Administrative Court). Intriguing tales
outside the conference room. The           under the auspices of the Oxford-          were told of conflict, caution and co-
Faculty has never been an island and we    Stockholm Association funded by the        operation. We also enjoyed excellent
hope this event will have helped us to     Wallenberg Foundation, which has its       contributions     by     John    Usher
get to know our intellectual near-         home in the Institute of European and      (University of Edinburgh) and Charlie
neighbours better. The Convention on       Comparative Law and is in the care of      Jeffery (University of Birmingham),
the Future of Europe submitted the         Professor Stephen Weatherill and           who considered relevant general
results of its deliberations to the        Professor Ulf Bernitz, who spends part     principles of law and political science
Thessaloniki Summit in June 2003,          of his time in Oxford under the            respectively, and Joakim Nergelius,
and, convinced that our deliberations      auspices of this venture while also        who provided an insider’s (but by no
in Oxford in April have enduring value     maintaining a role at the University of    means uncritical) view of the
in the developing debate about the         Stockholm. The topic, the involvement      performance of one of the EU’s less
proper institutional and constitutional    of self-governing sub-national and         well-known institutions, the Committee
architecture for a Europe of 25 States     regional levels of governance in EU        of the Regions. The event concluded
                                           law and policy-making, allowed us to       with a ‘round table’ discussion
                                           bring comparative perspectives to          involving Otto Pfersmann (University
                                           bear on a general inquiry into the         of Paris I), Kalypso Nicolaidis (St
                                           extent to which the EU does - and          Antony’s College, Oxford) and
                                           should - engage with public actors         Professors Weatherill and Bernitz. It is
                                           beyond central government in the           planned that the papers will be
                                           Member States. Case studies                published in book form, probably in
                                           provided us with the opportunity to        2004.




                                                                            THE CENTRE FOR
                                                                        SOCIO-LEGAL STUDIES
                                               Research at the Centre for Socio-      work through a focus on corporate
and more, the decision was taken to        Legal Studies in the last year has         social responsibility and business ethics
encourage speakers to prepare papers       included the topical and controversial     and the law.
for publication. These will explore how    issues of corporate responsibility post        The issue of corporate social
national ‘models’ have inspired a          Enron, self-regulation and the internet,   responsibility also arises in the
possible European Constitution and         and the provision of water as a human      regulation of the internet and other new
how in turn the EU as a polity can and     right.                                     media, which has been the subject of
should diverge from such models, and           Long before the Enron scandal          much controversy particularly in the
will take as prominent themes choice       exploded in the headlines, the Centre      debate over self-, versus statutory-,
of modes of representation, the            was researching exactly the kind of        regulation. The Programme on
allocation of powers and subsidiarity,     ‘creative accounting’ methods the          Comparative Media Law and Policy’s
and the role of citizenship for a polity   energy firm used, among other              www.self-regulation.info project
of peoples. Right now, and perhaps for     techniques, to deceive investors,          at the Centre is developing models of
all time, Europe is ‘peoples’ not          employees and regulators. This             self-regulation and mechanisms for
‘people’: what does this mean for our      research suggests that such ‘creative      certification as well as cataloguing and
future? The papers will be published in    compliance’ can be just as detrimental     analysing existing codes of conduct
Autumn 2003 under the joint                as outright fraud and undermines the       from internet, press, broadcasting,
editorship of Stephen Weatherill (Law)     basic concept of the rule of law.          videogames and other converging
and Kalypso Nicolaidis (International      Ongoing research in the business and       media sectors, with the aim of creating
Relations).                                the law programme will develop this        in-depth knowledge and public

                                                                                                                             7
awareness about the role of media self-            researching this across several
regulation.                                        countries of Europe and Asia. At a               REGULATION
     The      shocking        events      in       practical level Director Denis Galligan
Cochabamba, Bolivia, in 2000, where                has also co-led an international team in
violent conflict led to the termination of a       a study of the Bulgarian administrative            Regulation is a topic of central
government concession granted to                   justice system, funded by the UNDP             importance to the emerging shape of
multinational corporation Bechtel which            and British Embassy in that country, as        the 21st century state. It increasingly
had made it illegal for poverty-stricken           background for the preparation of a            functions as both a technique for
villagers to collect rainwater without a           Bulgarian administrative justice code.         resolving tensions between, and a
company permit, raised the question of                 Following on from work on the              site of debate about, two important
whether the provision of safe drinking             (non–)emergence of disputes in the             trends of the last twenty years:
water should be treated as a                       field of social welfare, research is now       market liberalisation and the
commercial service to be purchased or              being      undertaken       on     internal    associated ‘shrinking of the state’ on
as a human right. Centre research,                 administrative review in local authority       the one hand, and (more recent)
funded by the ESRC, addresses this                 decision-making, tracking the incidence        calls to infuse policymaking with a
vital issue, trying to bring together on           and use of internal review processes in        greater     dimension      of   ‘social
the one hand, the seemingly                        homelessness law decision-making. A            inclusion’ on the other hand. The
outrageous deprival of a basic good                related project explores the processes         Oxford Law Faculty is increasingly
from those who need it most, and on                of communication between the two               well positioned to contribute to these
the other, a perfectly normal instance of          professional groups involved in the            debates. For the last three years, an
an exclusivity clause, widely accepted             production and use of social enquiry           option in Regulation has been
as a legitimate part of longterm                   reports – social workers and judges.           offered      on     the      BCL/MJur
infrastructure concessions.                            Other current research at the Centre       programme. Designed by Dr
     Centre interest in the rule of law and        includes work on: human rights;                Bronwen Morgan and Dr Karen
transition       societies      continues.         international law and the relationship         Yeung, the course adopts an
Understanding the apparent failure of              between the global and the local; and          essentially           interdisciplinary
law in post Soviet countries presents a            the role of lawyers in government, their       perspective on regulation as a mode
challenge to the assumptions of                    impact on policy and their relationship        of governance, including a focus on
western jurisprudence, and among                   with administrators. The Centre was            non-legal techniques, the social
Centre publications this year is a book            also involved in organising the Oxford         context     of   enforcement,       the
which uses case studies to examine the             Public Interest Lawyers Programme              significance of non-state actors, and
                                                                    which was launched in         the ways in which regulation
                                                                    October 2002 and has          operates as a placeholder for
                                                                    since been contributing       arguments about democracy and
                                                                    pro bono legal research       contested political visions. The
                                                                    support to both pro bono      course has two halves: the first
                                                                    litigation and public         introduces students to a range of
                                                              AIZAR RALDES / AFP / Getty Images




                                                                    policy.                       analytical and conceptual issues
                                                                         The Centre’s visitors    relevant to regulation, which are
                                                                    scheme has once again         then applied in the second half to a
                                                                    attracted academics and       range of case studies that
                                                                    practitioners        from     encompass both traditional and
                                                                    around the world, its         emerging areas of regulation. This
                                                                    Monday seminar series         year’s course explored utilities
                                                                    continues to thrive, the      regulation, broadcasting regulation,
  Protestors in Cochabamba, Bolivia block the road with stones                                    food safety regulation, regulation of
                                                                    themes this year being
                                                                    corporate           social    the health sector and bureaucratic
functions and effectiveness of law in the          responsibility and the law, and self-          (internal governmental) regulation.
countries of the former Soviet Union.              regulation in the media, and several               Like the Regulation course, the
Russia is also the setting for further             workshops and symposia have been               range of Regulation-related research
research exploring how the role played             held throughout the year on such               work in the faculty has both a socio-
by law in a particular society is affected         themes as the new media, the                   legal and a more traditional legal
by components of that society such as              Communications Bill, socio-legal               dimension. The work of several
its history, social values, political              methodology, and            lawyers and        faculty within the Centre for Socio-
institutions and economic interests. A             government.                                    Legal Studies focuses on regulation:
new joint project with Stanford                                                                   including Doreen McBarnet’s work
University will develop further the theme                     For further information contact     on regulation and corporate
of the relationship between democracy,                             the Centre’s administrator     responsibility, the Programme for
development and the rule of law,                                     tania.boyt@csls.ox.ac.uk     Comparative Media Law and

8
                                                                                                        REGULATION (CONTINUED)
Policy’s      work     on     media     self-
regulation, Simon Halliday’s work
on internal administrative review in
                                                                   Dr Karen Yeung
local authority decision-making, and
                                                   Karen came to Oxford in 1993 as a          principled regulation, and was
Bronwen        Morgan’s         work     on
                                                Rhodes Scholar, originally to read for        specifically requested for inclusion in a
emerging         linkages          between
                                                the BCL, bearing a combined                   recent Ashgate collection of the most
international, national and local
                                                Law/Commerce degree from the                  noteworthy article-length contributions
levels of regulation in the context of          University of Melbourne. A Tutorial           to the regulation literature. She has
urban water services.                           Fellow in Law at St Anne’s since 1996,        acted as advisor to the Australian
   In the wider law faculty, Anne
Davies has research interests in the
regulation of the medical profession
and in internal regulatory techniques
within the NHS.         Karen Yeung’s
research sets out to identify the
normative values that shape and
condition       the     legitimacy        of
regulatory compliance techniques,
paying particular attention to the role
of constitutional values. Liz Fisher
works on the interface between
public law and risk regulation and, in
particular, the problems created by
scientific uncertainty in national and
transnational regimes. Her recent




                                                                                                                                          Barry Roberts / laurelstudio.com
work        includes        research     on
comparative US and EU tobacco
regulation, ‘risk’ as a regulative
concept, the BSE crisis, and a
forthcoming book on risk regulation
and administrative constitutionalism.
Steve Weatherill has a general
                                                she is also a Barrister and Solicitor of      competition regulator (the Australian
interest in the extent to which the
                                                the Supreme Court of Victoria                 Competition & Consumer Commission
ostensibly deregulatory project of              (Australia), and has held visiting            (ACCC)) in a number of issues relating
European market-making generates                fellowships at the JF Kennedy School          to the enforcement of Australian
(often unexpected and sometimes                 of Government and Harvard University          competition law, and has made
unjustified)    demands         aimed     at    (2001) and the University of Melbourne        significant contributions to several
suppliers of regulation at European             Law Faculty (1998). Karen’s research          governmental reform projects in the
Union level. He is currently exploring          interests lie at the intersection of public   area of regulatory enforcement. She is
this by focusing on the objectives              law and economic regulation with              presently developing, in both empirical
                                                particular emphasis on issues relating        and normative directions, an exciting
and limitations of the programme of
                                                to regulatory enforcement. She is             new research focus on the use of
harmonisation of laws in the EU.
                                                crafting a unique research profile in an      media ‘shaming’ as part of an arsenal
   Regulation is a ‘bridging topic’,            interdisciplinary-influenced intersection     of regulatory enforcement techniques.
one that facilitates dialogue between           between public and private law. Her           Her work in this field has been
different     parts    of    our    faculty,    doctorate, which Hart will publish later      influential      in    shaping       the
between the law faculty and other               this year in monograph form, explores         recommendations of the Committee of
faculty, between students studying              the use of bargaining and punishment          Inquiry established by the Parliament of
apparently      disparate       areas     of    as regulatory compliance techniques,          Australia (the Dawson Inquiry) to review
                                                posing challenging arguments about            a number of facets of Australian
doctrinal      law,     and        between
                                                the principled limits to their legitimate     competition law, including the the
academics and the policymaking
                                                use. Karen’s expertise is much sought         ACCC’s use of the media in carrying
community. It is certain to flourish in
                                                after: her work on penalty setting            out its enforcement duties.         She
the years to come, within Oxford and            formed a significant part of a major          teaches regulation, administrative law,
beyond.                                         Australian Law Reform report on               constitutional law and company law.
                                                                                                                                     9
                                   REGULATION (CONTINUED)

                                                 Dr Bronwen Morgan                                                            Regulatory      Justification,
                                                                                                                              explores the political dynamics of
                                                                                                                                                                     which


                                                                                                                              how economic concepts and tools
                                         Bronwen Morgan is the Harold             Associate to Sir William Deane, then        are    reshaping      regulatory           law,
                                      Woods Research Fellow in Law at             of the High Court of Australia, an          drawing on an extended case study
                                      the Centre for Socio-Legal Studies,         Associate Lecturer in Law at the            of Australian reforms. Her current
                                      as well as a Fellow of Wadham               University of Sydney and a Tutorial         research, funded by the ESRC as the
                                      College. Previously a Research              Fellow at St Hilda’s College, she           only   socio-legal     project        in    an
                                                                                        holds honours degrees in              exciting      new      interdisciplinary
                                                                                        both literature and law from          Research Programme on ‘Cultures
                                                                                        the University of Sydney,
                                                                                                                              of Consumption’, focuses on the
                                                                                        Australia, as well as a
                                                                                                                              commodification        of        water       in
                                                                                        Fulbright-funded Ph.D. from
                                                                                                                              international                comparative
                                                                                        the University of California at
                                                                                        Berkeley’s interdisciplinary          perspective, especially on links
                                                                                        Jurisprudence and Social              between      the    status       of   ‘global
                                                                                        Policy Program. Her research          consumer’, water as a human right
                                                                                        focuses on the political              and patterns of global governance
                                                                                        economy of regulatory reform,         around water.       Bronwen’s research
                                                                                        the intersection between              is particularly striking in weaving
                                                                                        regulation      and   ‘second-        together disparate insights gained
                                                                                        generation’      (social   and        by         adopting          a        strong
                                                                                        economic) human rights, and           interdisciplinary      and        empirical
                                                                                        global governance (especially
                                                                                                                              grounding, thereby moving well
Barry Roberts / laurelstudio.com




                                                                                        issues such as citizenship that
                                                                                                                              beyond theoretical speculation. She
                                                                                        link social theory and political
                                                                                                                              teaches         jurisprudence                at
                                                                                        economy).        She recently
                                                                                        published      a    monograph         undergraduate level, and regulation
                                                                                        Social Citizenship in the             at postgraduate level, and has
                                                                                        Shadow of Competition: The            previously taught administrative and
                                                                                        Bureaucratic      Politics    of      constitutional law.




                                       FROM THE DIRECTOR OF GRADUATE STUDIES (TAUGHT COURSES)
                                          When I undertook the BCL many           Zealand making up the majority of           principally from continental Europe,
                                      years ago, 1974 to be precise, I was in     those taking the degree. We also have a     France, Germany, Holland, Italy and the
                                      what was felt to be a large group, about    significant number from India and the       like. We do indeed have very high
                                      some 38 students in all. Those were still   United States who read for the BCL.         quality applicants from these countries.
                                      the days when choice of courses was         Many who have taken the degree have         What was less expected was the number
                                      ‘structured’. Graduate students had to      had significant careers back home,          and quality of applicants from further
                                      take Conflict of Laws and either            whether as academics, practitioners or      afield. The reputation of the degree has
                                      Evidence or Restitution. I well             judges. Oxford has been enriched by a       spread and we now have candidates
                                      remember stimulating seminars on the        graduate body of this size, quality and     from countries as diverse as Iceland and
                                      Conflict of Laws with John Morris and       diversity. The range of subjects on offer   Mexico, China and Chile, Russia and
                                      Peter North, and intense debates in         has expanded and the credit system has      Slovakia. The consequence has been a
                                      Restitution between Guenter Treitel         enabled students to choose courses with     truly cosmopolitan graduate body. It will
                                      and a young academic called Peter Birks.    the knowledge of the overall weight of      be common for a teacher of a seminar
                                          Well things have moved on               work involved.                              containing 12 students to have 10
                                      somewhat since then. The BCL remains            The Magister Juris has been a           different nationalities. This means that
                                      a rigorous taught graduate degree,          resounding success. The degree is a         there is always comparative expertise on
                                      which is respected throughout the           variant of the BCL, tailored for those      virtually any topic, even where the
                                      common law world. The numbers               from a civil law, as opposed to a           seminar is not formally comparative.
                                      taking the course have roughly doubled      common law, background. When we             The numbers of those taking the MJur
                                      since 1974, with candidates from the        initially introduced the course most of     are now not very different from the
                                      UK, Canada, Australia and New               us expected that applicants would come      numbers doing the BCL, and many of

                                      10
                                                                                     PUBLIC
                                                                                     INTERNATIONAL
                                                                                     LAW
                                                                                         With timely support from the
                                                                                     Faculty     and      donors,     Public
                                                                                     International Law (PIL) in Oxford is
                                                                                     going from strength to strength. It
                                                                                     was as recently as 1999 that the first
                                                                                     University Lecturership in the subject
                                                                                     was approved, to complement what
                                                                                     was otherwise the only established
                                                                                     PIL post, the Chichele Professorship,
                                                                                     to which Vaughan Lowe was elected
the courses will be open to both groups       Those taking the BCL or the MJur       the same year. Vaughan has been and
of students. Students from common law      can elect to stay on for the MPhil,       continues to be an inspiring leader in
backgrounds can benefit from               which is a further year of work on a      the PIL Group, ever ready with ideas
understanding civil law modes of           dissertation. It provides a natural
                                                                                     and possessed of apparently boundless
analysis and vice-versa. The very          stepping stone towards doctoral work,
                                                                                     energy.
diversity of approach within different     as well as an element of continuity in
                                                                                         Catherine Redgwell, who will be
civil law systems will also often be       the graduate body in Oxford.
                                                                                     leaving us for a Chair at University
apparent.
                                                                        Paul Craig   College, London, in December, took
                                                                                     up that first university lecturership in
                                                                                     1999, and pioneered the teaching of
                                                                                     international environmental law as a
   LAW FACULTY/SAID BUSINESS                                                         BCL/MJur option. And since then,
     SCHOOL JOINT SEMINAR                                                            teaching, supervision and research
                                                                                     capacity      have     been     further
                                                                                     strengthened. In 2000, Sir Frank
        In May 2003 the Law Faculty and    merger agreements. Such clauses,
                                                                                     Berman, KCMG, QC, was appointed
   the Said Business School (SBS)          and the exceptions to them, result
                                                                                     Visiting Professor of International
   welcomed Professor Alan Schwartz,       in substantial litigation and occupy
                                                                                     Law on his retirement from the post
   Sterling Professor of Law at Yale       centre stage in the negotiation of
                                                                                     of Legal Adviser in the Foreign and
   Law School to give the first of what    merger agreements. In brief, the
                                                                                     Commonwealth Office. His long
   it is hoped will be a series of joint   paper explains the existence of
                                                                                     experience in the practice of
   seminars. Members of SBS and the        these clauses and the exceptions to
                                                                                     international law has proven an
   Law Faculty have shared interests       them by showing how they allocate
                                                                                     invaluable resource (and corrective,
   in various areas including corporate    transaction risks to the party that
   governance, corporate finance,                                                    too) for colleagues and students alike,
                                           can most efficiently bear them. An
   insolvency, commercial law and                                                    to whom he has regularly and
                                           empirical part of the paper
   taxation. The seminars should                                                     generously given his time, in addition
                                           examines actual merger contracts
   provide an opportunity to meet          and reports preliminary results           to    sharing     in    the    teaching
   researchers in other disciplines        consistent with the explanations          responsibilities of the group.
   working on related topics as well as    reached by the economic analysis.             This year, PIL at Oxford reached
   to hear of new research from visiting       At a dinner following the             critical mass, with the arrival of Dan
   academics.                              seminar, Professor Schwartz was           Sarooshi (to a University Lecturership
        Professor Schwartz is a leading    thanked for providing such a              in International Economic Law
   US expert on commercial law,            stimulating start to the seminar          funded by Herbert Smith), and of
   corporate finance and bankruptcy        series. It was agreed between             Stefan Talmon (to a second University
   and so he was an excellent speaker      representatives of the Law Faculty        Lecturership in Public International
   to inaugurate the series. He            and SBS that this had been an             Law). Both come with international
   presented a paper written jointly       experiment well worth repeating           reputations and a proven track record
   with Professor Ronald Gilson on         and that there was potential for          of teaching and research, and both are
   material adverse change and             further joint activity. Plans are now     already looking to develop their
   material adverse effect clauses in      in progress for a second seminar.         interests in some of the newer and

                                                                                                                          11
more challenging questions facing
States and organizations.
                                            example, to the Refugee Studies
                                            Centre in its efforts to fund a post in
                                                                                                    SIR FRANK
    Perhaps the most obvious marker
for interest in PIL is the number of
                                            international        refugee
                                            humanitarian law, and is looking
                                                                               and
                                                                                                      BERMAN
options in the BCL/MJur programme:          forward to a healthy interchange of
International Economic Law (from            knowledge and experience.                     APPOINTMENT TO THE
2003), International Environmental              Research into both burning issues
Law, Law of the Sea, International
                                                                                         INTERNATIONAL COURT
                                            and the core problems facing public
Dispute Settlement, and International       international law continues to occupy
                                                                                                   OF JUSTICE
Human Rights and the Law of War.            a substantial amount of the PIL               Sir Frank Berman QC, Visiting
This year, too, saw over 100
                                            Group’s time. Professor Vaughan           Professor of International Law, has
undergraduates sitting the PIL paper
                                            Lowe has recently completed revision      been appointed as a Judge ad hoc on
in Finals, after following a very full 32
                                            of a major work in the field; Catherine   the International Court of Justice. He
hours of lectures shared among the
                                            Redgwell has published widely on          will be the second member of the
Group; if recent experience is a guide,
                                            international environmental law; Dan      Oxford Law Faculty to sit on the World
we can expect steady and probably
                                            Sarooshi is engaged in further            Court. Sir Humphrey Waldock, then
increasing demand for instruction and
                                            investigation of the World Trade          holder of the Chichele Professorship,
supervision at the graduate level.
                                            Organization; Stefan Talmon is            was elected to the Court in 1973, and
    In this world of globalization and
                                            looking at the present and future role    served as its President from 1979 to
conflict (not that the two are related,
                                            of the EU/EC as an actor on the           1981.
are they?), this interest in the role of
                                            international plane; Agnès Hurwitz            The Court, which sits in the Peace
international law and organization
                                            (now at the Refugee Studies Centre) is    Palace in The Hague, is the principal
may be thought unsurprising. Still, it
                                                                                      judicial organ of the United Nations.
is remarkable how consistently the          keeping      up     with      European
                                                                                      It hears disputes between States and
numbers of those attending the              developments on asylum, while Guy
                                                                                      is empowered to issue Advisory
lunchtime discussion groups have            Goodwin-Gill, who was elected to a
                                                                                      Opinions to the UN General Assembly
exceeded the very generous donation         Senior Research Fellowship at All
                                                                                      and Security Council and to other
of sandwiches by OUP, and how               Souls College in October 2003,
                                                                                      bodies and organs within the UN
popular remains our joint course and        continues to examine the ever-
                                                                                      system. Its Judgments and Opinions
seminar series with the Department          controversial and (too) topical           have played a major formative
of Politics and International Relations     questions of migration and refugee        influence in the development of
on ‘The Function of Law in the              movements, and to review aspects of       international law over the past
International Community’. This link         the laws of war and the ‘confrontation’   century.
is greatly valued on both sides;            with terrorism.                               The Court consists of 15
International Relations and Law                 It has also been a busy time for      permanent judges. Under its Statute
recently co-operated with colleagues        comments to the media (BBC Radio          additional judges can be appointed
from History and Philosophy in a            4, the World Today, and the World         ad hoc where the Court has no
successful project submission to the        Service being regular requesters), as     permanent judge of the nationality of
Leverhulme Trust on the changing            the PIL Group is regularly called on      one or more parties to a particular
character of war, which has resulted in                                               case. The permanent British judge is
                                            to field questions on the international
a grant of £1.1 million over five years.                                              Dame Rosalyn Higgins, who was
                                            law dimensions of this or that news
    The value of interdisciplinary                                                    awarded an Honorary DCL by the
                                            moment — the treatment of prisoners
approaches        to     contemporary                                                 University last year. Ian Brownlie QC,
                                            in Guantanamo, the UK’s asylum
problems is especially evident to the                                                 the former Chichele Professor, is one
                                            process, the use of force against Iraq,
student of international law, whether                                                 of the most highly respected and
                                            and the future of the United Nations,
dealing with business and the world                                                   sought-after advocates before the
                                            to name just a few.
economy;         the      transnational                                               Court.
                                                With     Catherine      Redgwell’s
dimensions of crime; migration,                                                           Sir Frank’s appointment is further
refugees and the obligations of States;     departure for UCL in December, the
                                                                                      evidence of Oxford’s growing strength
national security and collective            Faculty will be advertising again for a
                                                                                      in international law, which was
security; or human rights and               University Lecturership in Public
                                                                                      identified in 1999 as one of the priority
national, social and cultural identity.     International Law. Whoever the            areas for the Faculty’s development.
The PIL Group expects to expand its         successful candidate may be, she or he    There are now four full-time University
research and teaching links across          can be assured of membership in a         posts, with other specialists active in
disciplines, while strengthening also       enthusiastic and lively group, within a   this and related fields, and the subject
its ability to provide instruction and      Faculty determined to advance             is in great demand both at the
supervision in both core and topical        scholarship in a field of increasing      undergraduate level and for the
issues. It is giving full support, for      daily relevance.                          BCL/MJur.

12
                   REGULATING TRANSNATIONAL MARKETS
   In September 2002, as a part of           Area and are likely to arise wherever          democracy and periodic elections?
the Faculty’s on-going link with New         transnational economic integration             It is easy to identify these debates in
York University School of Law, a             occurs. Is the establishment of                relation to today’s EU and today’s
team from the Faculty participated in        transnational markets a technical as           WTO. Indeed, they are the
a two-day seminar in Manhattan.              opposed to a political project? No it          propulsion for the discontent that
The seminar title was “Regulating            is not! But what does this entail?             has spilled on to the violent streets
Transnational Markets: Between               How are choices about the structure            of Seattle and other cities that have
State     Sovereignty,      Integrated       of the market and regulatory                   had the mixed blessing of acting as
Markets        and       Transnational       choices concerning public health,              host to meetings of world leaders
Communities” and the general                 environmental protection and social            and      trade     negotiators.    Our
intellectual agenda as well as the           protection related? Under what                 discussions in New York were a little
more detailed programme were                 circumstances      is    appeal     to         more placid, at least on a physical
shaped in discussions between                ‘distortion of competition’ caused by          level, but they were intellectually
Professor      Stephen       Weatherill      diverse State laws a sufficient                demanding and they were inspired
(Oxford) and Professor Mattias               reason to allocate regulatory                  by the belief that these are enduring
Kumm (NYU) conducted with the                responsibility for the matter in               issues deserving close examination.
support of the scheme. Both                  question to the transnational level            However        one     interprets   the
organisers      had     enjoyed    the       instead      of   permitting     local         implications and even the meaning
opportunity to visit each other’s            autonomy and diversity? And, if                of ‘globalisation’, it jolts cosy
institution earlier in 2002 in order to      regulatory power is re-located to              assumptions about the capacity of
plan the seminar and also to                 central, transnational institutions,           States to fend for themselves.
participate in classes and pursue            how are those actors to be made                Faculty participants were Catherine
research.     The      seminar     was       accountable for the decisions they             Redgwell, Stefan Enchelmaier, Liz
dedicated to examination of a core           take? How can citizens get rid of              Fisher, Bronwen Morgan, Dan
set of questions that have arisen in         scoundrels who get it wrong, if we             Prentice, Adam Tomkins, Diamond
the context of the World Trade               have shifted the place they make               Ashiagbor,      Samantha       Besson,
Organisation, the European Union             their errors out of the familiar               Christopher       McCrudden        and
and the North American Free Trade            national arena of representative               Stephen Weatherill.




DAN SAROOSHI
    Dr Dan Sarooshi joined the               teaching at undergraduate level,
international law team at Oxford in          while continuing a steady
Trinity 2003, taking up the University       programme of research.
Lecturership in International Economic          Among his publications is
Law generously funded by Herbert             The United Nations and the
Smith, and a Praelectorship at the           Development of Collective Security,
Queen’s College.                             (1999); this was awarded the
    Dr Sarooshi was previously Reader in     2001 Book Prize by the
                                                                                                                                      Barry Roberts / laurelstudio.com




International Law and convenor of            American          Society       of
international law subjects at University     International Law to ‘a work of
College London. He has also taught           great distinction’, and the 1999
international law at the London School       Guggenheim Prize by the
of Economics, and has held visiting          Guggenheim Foundation in
academic positions at New York               Switzerland to ‘a monograph on
University School of Law and at the          public international law of
University of Cambridge. As the title of     outstanding importance’, and has               Institutions. and co-authored a chapter
his post indicates, Dan will be pioneering   naturally been of particular relevance in      with Judge Rosalyn Higgins DBE, QC,
the teaching of international economic       recent times. Dan is currently co-editing      on ‘Institutional Modes of Conflict
law as a BCL/MJur option, with the first     (with Malgosia Fitzmaurice), a collected       Management’, published in National
course to be offered in the academic year    volume of essays on Issues of State            Security Law (2003).
2003-2004. He will also contribute to the    Responsibility before International Judicial

                                                                                                                                13
                                   STEFAN TALMON
                                      Dr Stefan Talmon also joined the          Originally from Germany, Stefan               Academy in Charkow. As a practising
                                   Faculty in Trinity 2003, taking up the    Talmon studied law at Tübingen,                  German barrister (Rechtsanwalt), he has
                                   second University Lecturership in         Munich, Cambridge (LL.M), and
                                                                                                                              acted in the International Court of
                                   Public International Law to be            Oxford, completing his D.Phil. under
                                   established by the Faculty in             the supervision of Professor Ian                 Justice as Counsel and Advocate for
                                   recognition of the need to strengthen     Brownlie. Stefan is a Rhodes Scholar,            the Republic of Botswana in Kasikili/
                                   capacity in this increasingly popular     Scholar of the Konrad-Adenauer                   Sedudu Island (1996-9) and as Adviser to
                                   discipline. He was also elected to a      Foundation and the German National
                                                                                                                              the Republic of Nigeria in Land and
                                   Tutorial Fellowship in Law at St Anne’s   Scholarship Foundation, winner of
                                   College.                                  several other scholarships and prizes as         Maritime Boundary Between Cameroon
                                                                                               well          as       the     and Nigeria (Cameroon/Nigeria) (2000).
                                                                                               University Teacher
                                                                                                                                 His principal publications include
                                                                                               of the Year Award
                                                                                                                              Kollektive Nichtanerkennung illegaler
                                                                                               2000.          He        is
                                                                                               Associate Professor            Staaten     (2003);    Recognition     in
                                                                                               (Privatdozent) at the          International   Law.   A    Bibliography
                                                                                               University              of
                                                                                                                              (2000); The Reality of International Law:
                                                                                               Tübingen and has
Barry Roberts / laurelstudio.com




                                                                                               held              visiting     Essays in Honour of Ian Brownlie (1999,
                                                                                               professorships at the          with Guy Goodwin-Gill); Alles fließt.
                                                                                               University            Aix-     Kulturgüterschutz und innere Gewässer im
                                                                                               Marseille             III,
                                                                                                                              Neuen Seerecht (1998, with Wolfgang
                                                                                               Yeditepe University,
                                                                                               Istanbul, and the              Graf      Vitzthum);    Recognition    of
                                                                                               Ja r o s l a w - Mu d r y i    Governments in International Law (1998).




                                          VICTORY IN
                                            THE WLR
                                           NATIONAL
                                            MOOTING
                                        COMPETITION

                                          Teams from Universities and
                                       Law Schools from all over the
                                       country       entered       this
                                       competition,    including    the
                                       colleges of Oriel, Worcester,                             Kevin Whibley, Simon Hale, The Hon. Mr Justice Neuberger and
                                       Hertford and Mansfield in the                                             Kerry-Louise Lawson (University of Hertfordshire)
                                       University of Oxford. The team
                                       from Mansfield College (Simon           right in Article 6 of the                     April before The Hon. Mr Justic
                                       Hale and Kevin Whibley)                 European       Convention    of               Neuberger. The judge said of
                                       progressed through the rounds,          Human Rights.                                 the winning Oxford team that it
                                       winning moots on breach of                 The final, between Mansfield               had nearly convinced him of a
                                       confidence,     common      law         College and the University of                 hopeless case!
                                       negligence,    homicide,     the        Hertfordshire, was held in the
                                       Rylands v Fletcher rule and the         Old Hall at Lincoln’s Inn on 3
    CONCOURS ROUSSEAU                                                                                                         ARIEL EZRACHI
       2003 saw the first participation of         argue the cause of la Dioné, for La                                            Dr Ariel Ezrachi will join the Faculty in
    an Oxford team in the Concours de            Laurentie against Eldorado in a                                              the Autumn of 2003 as the holder of a new
    proces simulé en droit international         scenario    of   cultural   diversity,                                       post, the University Lecturership in
    Charles Rousseau memorials and               ‘invasion’ and reaction strangely                                            Competition Law. The post is sponsored by
    pleadings in French, s.v.p.                  reminiscent of Québec, Céline Dion,                                          Slaughter and May, to whom we are
                                                                                                                              enormously grateful for active support in
                                                                                                                              helping the Faculty to realise its ambition to
                                                                                                                              promote competition law learning and
                                                                                                                              scholarship in Oxford. Dr Ezrachi currently
                                                                                                                              holds a post at the Law School at Warwick,
                                                                                                                              but his move to Oxford is at least in part a
                                                                                                                              return home. He spent three years in
                                                                                                                              Oxford in successful pursuit of a DPhil
                                                                                                                              degree, completed under the supervision of
                                                                                                                              Professor Stephen Weatherill, which
                                                                                                                              examined patterns of and prospects for
                                                                                                                              bilateral and multinational co-operation in
                                                                                                                              merger control. The topic is both
                                                                                                                              intellectually rich and commercially
                                                                                                                              significant, and, moreover, its study is of
                                                                                                                              profound current concern, for the most
                                                                                                                              sophisticated bilateral arrangement, that
                                                                                                                              existing between the US and the EU, is
                                                                                                                              subject to the strains to which all
                                                                                                                              transatlantic ties have become subject in
Guy Régimbald, Dr. Guy S. Goodwin-Gill, Melpo-Menie Josephides,
                                                                                                                              recent months. Dr Ezrachi, an Israeli and
Joséane Chrétien and Mélanie Joly at a farewell dinner at ‘Le Procope’
                                                                                                                              French national, will assume leadership of
                                                                                                                              the Faculty’s competition law team, and will
        Through Michaelmas and Hilary            and the conquest of the world. That
                                                                                                                              teach at undergraduate level as well as
    terms, the four francophone members          the problem was the brainchild of                                            taking over primary responsibility for the
    (Joséane Chrétien, Mélanie Joly,             Professor Daniel Turp (Université de                                         shaping and delivery of the popular
    Melpo-Menie Josephides and Guy
                                                 Montréal) probably says it all. Next                                         BCL/Mjur course in competition law. He
    Regimbald) researched and drafted
                                                 found Joséane and Melpo defending                                            also plans to sustain and develop his active
    their    30-page        mémoires       for
                                                 against the Graduate Institute for                                           commitment to research in the subject. Dr
    submission by 31 March 2003. They
                                                 International Studies, Geneva, then a                                        Ezrachi will be a Fellow of Pembroke
    also kept up their own courses
                                                                                                                              College.
    (Joséane and Mélanie for the MJur,           second round for both teams, Guy
    Guy for the BCL, and Melpo for the           and Mélanie against Lomé, Joséane
    Diploma in Law), helped take Oxford          and Melpo against Bucharest.
    to ice hockey victory over Cambridge,           And every evening, believe it or
    and Brasenose women to major
                                                 not, was spent hard at work in a cellar
    success on the river. With such
                                                 (hotel conference room) across from
    enthusiasm and application, there
    was little finally for the Rousseau          the Panthéon. But then there was a
    Faculty adviser to do.                       chance to meet and mix with the other
        May found the team in Paris,             teams, and enjoy the hospitality of the
    thanks to funding from the Faculty,          organizers, including a farewell dinner
    and from Brasenose and Wadham.               at Le Procope (est. 1686), following in
                                                                                           Barry Roberts / laurelstudio.com




    Eighteen other teams were present,           Voltaire’s   steps.   The   semi-finals
    from France, Canada, Romania,
                                                 eluded the team, but a final ranking of
    Chad, Togo, Belgium, Switzerland,
                                                 ninth was itself a creditable first for
    many with long experience in this
    international competition.                   Oxford, competing against others for
        Guy and Mélanie were first in the        whom the competition was usually a
    field against Paris I. Their brief: to       part of their academic curriculum.

                                                                                                                                                                        15
        BEN                                                 ALAN                                     THOMAS
     McFARLANE                                              BOGG                                      KREBS
    Ben McFarlane has been elected to a           We are very pleased to welcome                 Ten years ago, facing the retirement
Fellowship in Law at St Peter’s College,       Alan Bogg to the law faculty. Alan            in quick succession of Sir Guenter
and to a CUF Lecturership in Law. This         studied for his BA and his BCL at             Treitel, Sir Roy Goode, and Francis
             A
marks his ‘ rrival’ in the Faculty to an                                                     Reynolds, we feared for the future of
                                               Exeter College, achieving outstanding
established post — although he ‘arrived’                                                     our unrivalled strength in commercial
                                               first class honours degrees in both. He
some years ago. After reading for the BA                                                     law. But first class predecessors attract
and BCL at University College, Ben was         is currently completing his doctorate,
                                                                                             first class successors. Professors Andrew
elected to the Penningtons Studentship in      which straddles political theory and
                                                                                             Burrows and Ewan McKendrick are the
Law at Christ Church in 1999 — a career        labour law in an innovative and
                                                                                             new leaders of their generation.
development post in which, over the last       challenging manner. His first teaching            A new University Lecturership in
four years, he has developed his teaching      post was at Birmingham University,            Commercial Law, with a Fellowship at
both in tutorials for Christ Church and
                                               where he was highly regarded in the           Brasenose, has now been created. Dr
many other colleges, and in giving lectures
                                               faculty, both as a popular and inspiring      Tom Krebs will take it up in October.
for the Faculty. He has already built up a
                                               teacher, as well as an excellent              His election quiets another needless
strong base of research and publications.
His areas of specialisation include Land       administrator.     He was elected to a        anxiety, namely that no first class
Law, a subject in which the Faculty has                                                      commercial lawyer could be attracted to
                                               fellowship at Hertford college in June.
recently had a real shortage of specialists,                                                 a university career. Tom gave up a
                                                  Alan has already achieved an
and his appointment to an established                                                        glowing future at the Bar to follow his
                                               impressive publication record, with an
post within the Faculty helps to secure                                                      academic vocation. Having taught the
                                               article in the Modern Law Review, one         commercial law course at LSE, sharing it
Land Law teaching for the future. At
Christ Church Ben has made his mark not        in Ratio Juris, and several in the            with Bill Blair QC, he applied for a
only as an inspiring and dedicated teacher     pipeline. He has also shown an intense        lecturership at UCL. There he worked
but also as an indispensable member of         commitment, not just to academic              in commercial law with Professor
sports teams, both for the JCR and for the     achievement, but also to social issues,       Michael Bridge. He also became known
SCR. The Christ Church SCR football            and has never stinted with his time           for his mastery of IT. It is from UCL
team really should be looking to St Peter’s                                                  that he join us.
                                               and effort in either respect.
for a transfer fee! But it is enough to know                                                     Tom gained his LLB at Kent, came
                                                  Alan will be an asset to the Faculty,
that he has now ‘arrived’ as part of the                                                     to us for the BCL, and stayed for his
permanent establishment of the                 an energetic and innovative researcher
                                                                                             doctorate. He is bilingual in English and
Faculty — and he is a very valuable            and a lively and supportive teacher and       German and studied in Germany in
addition to it.                                colleague.                                    connection with the research for his D
                                                                                             Phil. All his published work has a
                                                                                             strong comparative line. The book
                                                                                             which emerged from his doctorate
     LEGAL PHILOSOPHY COLLOQUIUM                                                             Restitution at the Crossroads: a Comparative
                                                                                             Study (2001) won two prizes. It analyses
                                                                                             the differences between the common
    The annual Oxford Legal Philosophy         had a commentator from Oxford or
                                                                                             law’s approach to the law of unjust
Colloquium took place on 10-11 March           elsewhere. These colloquia, funded by the
                                                                                             enrichment and that of the German law.
2003, partly at Balliol College and partly     Law Faculty and the Oxford Centre for
at the Rothermere American Institute on                                                      It cautiously defends the former. When
                                               Ethics and Philosophy of Law, are now an
South Parks Road. Stephen Perry from                                                         English law finally chooses its direction,
                                               established event in the Oxford calendar.
NYU spoke on harm in tort law, Larry           As well as high-profile academic visitors,    his work will be acknowledged as
Temkin from Rutgers University spoke on        they attract many faculty members and         pivotal, even if, as seems likely, the
equality, Klaus Guenther from the              graduate students from both law and           choice ultimately favours the road
University of Frankfurt spoke on criminal      philosophy. This year about 60 people         signposted by §812 BGB.
responsibility, Veronique Munoz-Darde          attended for some or all of the sessions.         The Faculty has cause to be proud of
from UCL spoke on justice and pluralism,       For BCL/MJur students studying                the continuing strength of our
and James Penner from the LSE spoke on         Jurisprudence and Political Theory, the       commercial law tradition. It is timely to
interpretation. There were also local          colloquium also serves as a final intensive   remember that we have special reason
contributors: Samantha Besson, John            training session before the topics for        for constant gratitude to Norton Rose
Gardner, and MPhil student Elisa Holmes        assessed essays are announced at the end      for funding of the Chair of Commercial
presented work in progress. Every paper        of Hilary Term.                               Law.

16
OXFORD INTELLECTUAL PROPERTY RESEARCH CENTRE
     The academic year 2002-2003 was           University School of Law on “How Long           An IP Forum on “The Commercial
an active one for the Oxford Intellectual      is a Piece of Copyright? Dreading           Exploitation of Academic Science: A
Property Research Centre, based at St          Eldred”.                                    Contradiction?” took place on 25 April
Peter’s College. Apart from the weekly             The International IP Moot ran on 22     2003, featuring leading academics and
seminars the Centre ran, it organised an       and 23 March 2003. Twenty-one teams         practitioners from science, law and
inaugural International Intellectual           from the UK and the Republic of Ireland     economics.        Over 120 attendees
Property Moot jointly with the Intellectual    participated by presenting skeleton         registered for the forum.         At the
Property Institute (IPI), an IP Forum 2003     arguments and then attending St Peter’s     conclusion, six postgraduate law
also jointly with the IPI, an IP mock trial,   College for a four round knock-out          students launched an Electronic
initiated an IP database, and is running a     series of oral argument before expert       Database of Intellectual Property (EDIP),
summer international IP programme.             practitioner judges. (No team from          making available various IP research of
Economists Dr Christine Greenhalgh             Oxford participated this year.) The final   Oxford students and staff. EDIP can be
and Dr Mark Rogers also won an ESRC            moot took place before an audience in       accessed from the IP Research Centre’s
grant to conduct economic research on          the Examination Schools. The finalists,     database (www.oiprc.ox.ac.uk).
patents, trade marks and copyrights.           Westminster College and King’s                  The mock trial this year featured
     Weekly Tuesday seminars drew              College, London (which eventually           argument over the alleged copyright
faculty and students from across the           prevailed) argued their cases before a      infringement of a work called ‘360
university, as well as some lawyers and        panel comprising Lord Justice               seconds’ of silence by another work ‘90
patent attorneys. The range of seminars        Mummery, Mr Justice (now Lord               and a bell’. The case was based on an
cut across wide areas in intellectual          Justice) Jacob and Mr Michael               actual dispute in 2002 between the
property law, featuring experts such as        Tugendhat QC. University College            publishers of John Cage’s silent work
Professor Jeremy Phillips (UCL &               Dublin won the prize for the best           4’33” and the producers of a CD that
Slaughter and May) on “An Unorthodox           skeleton argument, and a student from       included a track comprising a minute of
View of Community Trade Marks” and             Brunel University won the best oralist      silence. Henry Carr QC and Michael
Professor Wendy Gordon, Boston                 prize.                                      Silverleaf QC of 11 South Square Gray’s
                                                                                           Inn argued the case and cross-
                                                                                           examined witnesses (played by Harry
                                                                                           Small of Baker & McKenzie and Anna
                                                                                           Edwards-Stewart of 11 South Square)
                                                                                           before Lord Justice Jacob and an
                                                                                           audience of about 100 at the courtroom
                                                                                           in the Oxford Town Hall.
                                                                                               This summer the OIPRC is hosting a
                                                                                           six-week programme on international
                                                                                           and comparative intellectual property
                                                                                           law, in collaboration with the University
                                                                                           of Victoria (Canada) and the University
                                                                                           of Illinois, and supported by law firms
                                                                                           Bird & Bird, Smart & Biggar (Canada)
                                                                                           and Brinks Hofer Gilson & Lione (US).
  Anthony Murphy, Director, “Future of Europe”, Department of Trade
  and Industry, with OIPRC Director Prof. David Vaver




                               ANALYTICAL LEGAL PHILOSOPHY CONFERENCE
   The Analytical Legal Philosophy             focusing on five pre-circulated papers,     research students. The Law Faculty
Conference is the major international          by Connie Rosati (UC Davis), Timothy        provided hospitality and the Oxford
congress for scholars working in the           Macklem (KCL), Joseph Raz (Oxford),         Centre for Ethics and Philosophy of
analytical tradition in jurisprudence. For     Michael Blake (Harvard) and John            Law provided logistics. Next year the
its first ever excursion outside the           Broome (Oxford). Topics included            conference will return to New York, but
United States, the conference came to          rights,      multiculturalism,     and      we look forward to welcoming it back to
Oxford on 16 and 17 May 2003. The Old          interpretation. Around 40 of the world’s    Oxford again in the future. To judge by
Library at All Souls provided the venue        best-known philosophers of law were         the delighted reactions of 2003
for two days of intensive discussions          present, augmented by a few Oxford          delegates the feeling is mutual.

                                                                                                                                 17
CATHERINE REDGWELL                                                                           OTHER
    Catherine Redgwell leaves Oxford at
the end of this year to take up the Chair in
                                               International Environmental Law as a
                                               BCL/MJur option, and appropriately            DEPARTURES
International Law at University College,       strengthened Oxford’s transnational ties by
London. Catherine joined us from               linking closely with Professor Francesco
Nottingham University in 1999, taking up       Francioni and Patrizia Vigni of the               The Law Faculty must also record
post as the first University Lecturer in       Università di Siena. Catherine was also an    the departure of five others who have
Public International Law and Yamani            exceptionally active and successful           made significant contributions in a
Fellow of St. Peter’s College. Catherine,      organizer for the International Law           range of areas.
who was named Reader in Public                 Association, regularly bringing to Oxford         Suzanne Shale became Fellow and
International Law in 2001, will be greatly     many renowned and impressive speakers.        Tutor in Law at New College in 1990.
missed. She pioneered the teaching of          We wish her all the very best in her new      She taught a number of subjects,
                                               post.                                         including Criminal Law, Introduction to
                                                                                             Law, Land Law and Jurisprudence, and
ROY STUART                                                                                   developed a research profile in feminist
                                                                                             legal studies, law and the public media,
    Roy Stuart will retire as a Fellow and     taught Criminal law, Roman law,               and student learning. This last field was
Tutor in Law at Hertford College at the        Contract, Criminology and Penology            one that she gained particular
end of September 2003 after more than          and Jurisprudence to generations of           prominence in, particularly after she
30 years of dedicated commitment to            students. His standards have always           became the inaugural Director of the
teaching law. During his time he has           been high, pushing students to their          Oxford University Institute for the
transformed legal studies at the college,      limits both in terms of the material to be    Advancement of University Learning.
not only increasing its quota of law           read and the level of detailed discussion     She has left Oxford to become Assistant
students from 7 to 45, but also                required. It is no understatement to say      Director (Leadership) at the PPP
dramatically improving the quality of          that Roy is the very embodiment of law        Foundation.
teaching and exam results. If proof were       at Hertford. A simple list of his                 Paul Blaikley was the Faculty’s first
needed, no fewer than seven current            achievements cannot encapsulate his           administrator. He joined the Faculty in
and former members of the Law Faculty          particular mix                                1997. Paul came to an office in which
were mentored and tutored by Roy at            of genius and                                 much of the administrative work of the
Hertford. Roy first began teaching             humility, which                               Faculty was done by academics in the
Criminal law whilst a Fellow of All Souls      means       that                              interstices of their day, and left an office
College, after reading the BCL at              much of his                                   in which professional systems are in
Wadham College. He was appointed to            contribution to                               place for the organisation of the its
a Fellowship at Hertford College in 1969.      law lives on in                               work. The establishment of these
    Roy’s contribution to the study of law     the hearts and                                systems is a testimony to Paul’s careful
is incalculable. Having dedicated              minds of his                                  and creative administrative work and to
himself to the tutorial method, he has         students.                                     his ability to quickly win the confidence
                                                                                             of the Faculty officers and academic
                                                                                             staff. His experience of working in a
NICK JOHNSON                                                                                 range of educational institutions and his
                                                                                             committed attitude to his work has
    The Oxford Institute of Legal              never have got further than the wish list.
                                                                                             constituted an enormous contribution
Practice (OXILP) is ten years old and,              Within five years he had built up a
                                                                                             to the life of the Faculty.
during the whole of that period, has           very talented and enthusiastic staff and
                                                                                                 Dr Gerhard Dannemann came to
been under the leadership as Director          the course achieved the accolade of
                                                                                             Oxford in 1995 to be Deputy Director
of Professor Nick Johnson, who retires         ‘excellent’ from The Law Society. Three
                                                                                             of (what was then known as) the Centre
in July.                                       years ago the OXILP was chosen by a
                                                                                             for the Advanced Study of European
    A joint venture between Oxford             consortium of City firms to develop a
University and Oxford Brookes                  specialist City LPC, and over 50% per
University, the OXILP came into being          cent of the students are now on that
to provide teaching for the then new           course. Finance has always been very
Legal Practice Course for solicitors,          tight, yet he has managed to develop
with the aim of setting a high standard        new courses, expand student numbers
for the new course and of generating           from under 100 to 353 and set up new
research in areas of law and procedure         initiatives for the future. It is a very
which had hitherto been neglected.             remarkable achievement and we wish
Without Nick Johnson’s knowledge,              him every success in the future.
experience and drive, the OXILP would

18
and Comparative Law and a Fellow of
Worcester College. He was appointed as
the Erich Brost University Lecturer in
                                                      DEVELOPMENT NEWS
German Civil and Commercial Law in
                                                 With the cut-backs (in real terms)   recommendation of this report, the
1997     and     became     Reader      in
                                             in government funding for the            Law Faculty is setting up its own
Comparative Law in 2002. He was the
                                             University in recent years, the          development office. The office will
founder of the innovative Oxford
                                             development work of the Law              work      with      the    University
University Comparative Law Forum
                                             Faculty has become increasingly          Development Office but will have its
(http://ouclf.iuscomp.org/) and
                                             important. If the Law Faculty is to      own      dedicated      Development
remains its general editor. He was
                                             maintain its position as a leading       director and staff.
also     the      founder      of      the
                                             centre for legal teaching and               An important event of the year
invaluable German Law Archive
                                             research in the United Kingdom and       was the concert at the Holywell
(http://www.iuscomp.org/gla/)
                                             Europe, it will need to draw upon        Music Rooms and the reception in
which he is continuing to maintain. He
                                             the strengths of its alumni and          Wadham held on 17 January 2003
has left to become Professor of British
                                             supporters in many different ways.       to mark the retirement of Professor
Legal, Economic and Social Structures
                                                 Under the guidance of
at Humboldt University, Berlin, but also
                                             Professor Sir Roy Goode,
remains attached to Oxford as a Fellow
                                             the law faculty has secured
of (what is now known as) the Institute
                                             approximately £10 million in
of European and Comparative Law.
                                             gifts over the last decade.
    Dr Stefan Enchelmaier was
                                             This        has        enabled
Deputy Director of the Institute of
                                             appointments to be made to
European and Comparative Law from
                                             Chairs and University posts
1997 until 2002, and a Senior Research
                                             in thirteen different subject
Fellow at the Institute from 2002. He
                                             areas     that    would     not
held a Fellowship at Lady Margaret Hall,
                                             otherwise       have      been
then became Fellow and Tutor in Law at
                                             possible. In consequence,
Wadham College from May 2000. He
                                             new subjects have been
played an important part in teaching
                                             added to the undergraduate
across the full range of the Faculty’s EC
                                             and              postgraduate
Law options as well as preparing
                                             programmes and teaching
undergraduates on the Law with Law
                                             and research in existing
Studies in Europe course for their
                                             subjects        have      been
exchange years in Germany. He has left




                                                                                                                              Barry Roberts / laurelstudio.com
                                             strengthened. Other money
Oxford to become Head of Unit at the
                                             raised has been used, for
Max Planck Institute for Intellectual
                                             example, to support the
Property, Competition and Tax Law in
                                             Bodleian Law Library, which
Munich.
                                             provides for the needs of all
    Adam Tomkins became Fellow and
                                             law students in Oxford. Not
Tutor in Law at St Catherine’s in 2000
                                             only has this enabled the
and his stimulating lectures on
                                             purchase         of      books,                                Sir Roy Goode
Constitutional Law swiftly became very
                                             periodicals, law reports and
popular with students across the
                                             CD-Roms but it has also allowed          Sir Roy Goode as Honorary Director
University. He has left Oxford to
                                             the library to stay open at the          of the Oxford University Law
become the John Millar Professor of
                                             weekends. A further exciting feature     Foundation.       Sir   Roy      has
Public Law in the University of Glasgow.
                                             has been the provision of a              spearheaded the development work
A week before his departure his new
                                             specially designed IT Training           of the Faculty for a decade and has
book, Public Law, was published by
                                             Room in the Law Library.                 been Honorary Director of the
OUP in the Clarendon Law Series.
                                                 With a view to building on this      Foundation during its first five
                                             success,       the     Law    Faculty    years. His enlightened vision of
                                             commissioned (in November 2002)          what the Faculty should be doing in
                                             a review of its development work by      terms of fund-raising has given the
                                             Judy Niner Development Partners.         Faculty a head-start over some of its
                                             The final report was completed in        rivals. He has worked tirelessly and
                                             January 2003 and will form the           without reward on behalf of the
                                             strategic plan for the Faculty’s         Faculty. The Law Faculty would like
                                             development work for the next five       to thank him for all he has done.
                                             years.      In      line    with     a   Fortunately, he has agreed to

                                                                                                                        19
remain as a trustee of the Oxford
University Law Foundation (and as             NEW FOUNDATION BENEFACTORS
a member of the Oxford University
                                               Over the last year, the Law Faculty has received new major gifts from
Law Development Council, which
                                            three law firms:
supports     and       promotes   the
Faculty’s development work).
                                                Baker & McKenzie have made a substantial and continuing gift to the
   The Law Faculty welcomes gifts
                                            Bodleian Law Library and have also provided funds for the refurbishment
of any size. All gifts should be made
                                            of one of the Law Faculty teaching rooms which has been named the Baker
payable to the Oxford University
                                            & McKenzie Seminar and Discussion Room. As a consequence of these
Law Foundation and sent to Oxford
                                            gifts, Baker & McKenzie have been recognised as Foundation Benefactors
University Law Foundation, St
                                            of the Law Faculty.
Cross Building, St Cross Rd,
Oxford, OX1 3UL. The Oxford
                                               Herbert Smith have funded a University Lecturership in International
University Law Foundation is a
                                            Economic Law (attached to Queen’s College) and have also donated funds
special-purpose exempt charitable
                                            to the Bodleian Law Library for materials on international economic law.
trust of the University which has
                                            As a consequence of this gift, Herbert Smith have been recognised as
been established to receive funds
                                            Foundation Benefactors of the Law Faculty.
for the Law Faculty. The trustees of
the Law Foundation are chaired by
                                                Shearman & Sterling have made a substantial and continuing gift to
Lord Browne-Wilkinson. For further
                                            the general work of the Law Faculty, with some of the money being
information on how your support
                                            allocated to the setting up of a Law Faculty Mooting competition called
can help the Law Faculty, please
                                            the Shearman & Sterling Mooting Competition. As a consequence of this
contact Dr Michael Spence or
                                            gift, Shearman & Sterling have been recognised as Foundation Benefactors
Professor Andrew Burrows at the St
                                            of the Law Faculty.
Cross Building or by e-mail on
michael.spence@law.ox.ac.uk or
andrew.burrows@law.ox.ac.uk .

                                                           The Law Faculty would like to take this opportunity
                                                                  to thank all its major benefactors.

       STOP PRESS                           PATRONS                                     SENIOR FOUNDATION
                                                                                        BENEFACTORS
                                             Allen & Overy
   Oxford Law is a young faculty and
                                             Barclays Bank Plc                           Freshfields Bruckhaus Deringer
getting younger all the time!
Congratulations to those of the Faculty      Frau Anneliese Brost
                                                                                        FOUNDATION BENEFACTORS
                                             City Solicitors’ Educational Trust
                                                                                         Andbell A/S
                                             Clifford Chance
                                                                                         Baker & McKenzie
                                             KPMG
                                                                                         Blake Lapthorn Linnells
                                             Norton Rose
                                                                                         Herbert Smith
                                             The Reuters Foundation                      Linklaters
                                             Dr Erich Schumann                           Lovells
                                             Slaughter and May                           Allan Myers QC
                                             Travers Smith Braithwaite                   Shearman & Sterling

Imogen Young
                                             The Law Faculty has also recently received a generous gift from Ronald DeKoven.
who have had babies in an unusually            The Faculty would also like to thank the trustees of the Oxford University Law
productive year. Jenny Payne at Merton       Foundation and the external members of the Oxford University Law Development
started the trend with Emily, now 11                   Council for the time and effort that they devote to its work.
months. Since then we have greeted the
arrival of babies to Edwin Peel at Keble,
Grant Lamond at Balliol, Alison Young
at Hertford, Liz Fisher and Roderick
                                                               OXFORD LAW NEWS SUMMER 2003
Bagshaw at Corpus and Magdalen
respectively and Robert Stevens at Lady     Editors: Michael Spence, Joyce Ebling
Margaret Hall.                              Designed and produced by Alex Fuller [alex@freerangedev.com]


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