International Postgraduate Legal Conference 2016

International Postgraduate Legal Conference 2016 “Emerging Issues in Law” Monday 11th January 2016 School of Law and Social Justice, Rendall Building...
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International Postgraduate Legal Conference 2016 “Emerging Issues in Law” Monday 11th January 2016

School of Law and Social Justice, Rendall Building

@livunilawpgcnf #livuniPGC2016


International Postgraduate Legal Conference 2016 08.30 - 9.00 09.00 - 9.15 Session I -

Arrival and Registration Welcome - [Lecture Theatre 7] 09.15 - 10.35 Panel I: Commercial Law Seminar Room 5 Chair: Oliver Bartlett

09.15 - 09.30

Jing Wang, (Bangor University, UK): “Factors Affecting the Functions of the Anti-Monopoly Law of China 2007 in the Chinese Refined Oil Retail Market”

09.30 - 09.45

Lerong Lu (University of Leeds, UK): “Unveiling China’s Stock Market Bubble: Margin Financing and the Regulatory Response” Bob Kao (Queen Mary, University of London, UK): “Using Soft Law to Combat Modern Maritime Piracy”

09.45 - 10.00 10.00 - 10.15

Chi Zhang (University of Glasgow, UK): “The Protective Mechanisms for Private Equity Shareholders in Corporate Governance: China and UK”

10.15 - 10.35


Panel II: Trade and Investment I Lecture Theatre 7 Chair: Dr Robert Knox 09.15 - 09.30

Abdulmalik M Altamimi (University of Leeds, UK): “An Interactional World Trade Law”

09.30 - 09.45

Natasha A Georgiou (University of Reading, UK): “Fifty Shades of Grey: EU-Russia Energy Relations and the Gaps in the Legal Framework Regulating Energy Trade” Murilo Lubambo (University College London, UK): “Entry Rights and Investments in Services: Convergence between Regimes?”

09.45 - 10.00 10.00 - 10.15

Wei Yin (Durham University, UK): “Corporate Social Responsibility of Sovereign Wealth Funds: Socially Responsible Investing to Reduce Potential Concerns”

10.15 - 10.35


Session I 2

Session I Continued Session I -

09.15 - 10.35 Panel III: Rights and Developing Legal Issues Seminar Room 3 Chair: Dr Eleanor Drywood

09.15 - 09.35

Akilah Jardine (Liverpool John Moores University, UK): “Modern Day Slavery and the United Kingdom: A Critical Analysis of the UK’s National Referral Mechanism”

09.35 - 09.55

Kevin De Sabbata (University of Leeds, UK): “Dementia and Treatment Decisions: Implications of Article 12 of the United Nations Convention on the Rights of Persons with Disability” Putri K. Amanda (Center on Child Protection, University of Indonesia): “Seeing the Unseen: A Child’s Rights to A Birth Certificate in Indonesia”

09.55 - 10.15

10.15 - 10.35


Panel IV: More IP or Less IP - Copyright, Trademarks and Design Rights Seminar Room 10 Chair: Bianca Hanuz 09.15 - 09.30

Govind Yadav & Shakti Bamal (Hidayatullah National Law University, India): “Comparative Advertisement in the Realm of Trademark: A Critical Study of Issues & Challenges with Special Reference to Indian Consumers”

09.30 - 09.45

Joanna Banasiuk (University of Bialystok, Poland): “American and European model of the use of orphan works – finding the best solution”

09.45 - 10.00

Kevin O’Sullivan (University College Cork, Ireland): “Undoing Copyright Enforcement Online: Into the Abyss of Internet Intermediary Commercial Rights under European Fundamental Rights Law?”

10.00 - 10.15

Joanna Buchalska (Kozminski University, Poland): “Fashion Law: Is There a Need For a New Discipline of Law?”

10.15 - 10.35


Session I 3

Session I Continued Session I -

09.15 - 10.35 Panel V: International Law Seminar Room 4 Chair: Dr Anna-Marie Brennan

09.15 - 09.35

Onur Uraz (University of Southampton): “A Pathway to Discordant Jurisprudence: Genocide Law is in between Two Tales of ‘genos’ and ‘-cide’”

09.35 - 09.55

Ben Hudson (University of Bristol, UK): “International Soft Law, Human Rights Protection & Involuntary Migration: Appraising the UN Guiding Principles on Internal Displacement”

09.55- 10.15

Amina Adanan (National University of Ireland, Galway): “Universal Jurisdiction Over War Crimes Committed in NonInternational Armed Conflicts”

10.15 - 10.35



10.35 - 10.45

Tea, Coffee, and Refreshments will be available in the Foyer

Session II - 10.45 - 12.05 Panel I: Trade and Investment II Seminar Room 4 Chair: Dr Aoife Daly 10.45 - 11.05

Ohio Ominu (University of Liverpool, UK): “Institutional evolution in Nigeria’s international economic relations: Is there cause for worry or is everything under control?”

11.05 - 11.25

Kiratipong Naewmalee (University of Wollongong, Australia): “Thresholds, Context and the Evolution of the Indirect Expropriation Doctrines in the United States and European Court of Human Rights: The Lessons for International Investment Treaties”

11.25 - 11.45

Ewa Zelazna (University of Leicester, UK): “Ensuring States’ Right to Regulate in EU’s International Investment Agreements“

11.45 - 12.05


Session II 4

Session II Continued Session II - 10.45 - 12.05 Panel II: Criminal Law and Accountability Seminar Room 3 Chair: Jared Ficklin 10.45 - 11.05

Dhiyathad Prateeppornnarong (University of Birmingham, UK): “Is the Element of Independence in a Police Complaints System an Answer to the Handling of Police Complaints?”

11.05 - 11.25

Val Swain (University of East Anglia, UK): “Defining overt surveillance - the need for a clear basis in positive law for police datagathering practices”

11.25 - 11.45

Michelle Coleman (Middlesex University, UK): “Restoring The Presumption of Innocence During Investigations”

11.45 - 12.05


Panel III: International Criminal Law Lecture Theatre 7 Chair: Dr Christine Schwobel-Patel 10.45 - 11.00

Ilaria Zavoli (University of Leeds, UK): “To Prosecute or Not To Prosecute: The Issue of International Criminal Proceedings with Absent Defendants and the Use of Trials In Absentia”

11.00 - 11.15

Caleb H Wheeler (Middlesex University, UK): “Prosecuting Suspects for the War Crime of Destroying Buildings of Cultural, Religious or Historical Significance”

11.15 - 11.30

Sarah Creedon (National University of Ireland, Galway): “Rape and Superior Responsibility in International Criminal Law- A Challenge for Prosecutors?” Catriona MacIvor (Monash University, Australia): “The Right of the Accused to be Tried without Undue Delay in International Criminal Proceedings”

11.30 - 11.45

11.45 - 12.05


Session II 5

Session II Continued Session II - 10.45 - 12.05 Panel IV: Energy and Environment Seminar Room 10 Chair: Dr Michelle Farrell 10.45 - 11.00

Rita Griguolaite (University of Sussex, UK): “New balance of post -Lisbon EU market and non-market values: The Energy case”

11.00 - 11.15

Katrien Steenmans (University of Surrey, UK): “Effectiveness of the Regulatory and Policy Framework Supporting Industrial Symbiosis in the Humber Region, UK” James Kunz (University of Lincoln, UK): “Adoption of Ecocentric Perspectives by International Courts and Tribunals”

11.15 - 11.30 11.30 - 11.45

Raashi Chauhan (University of Johannesburg, South Africa): “Compliance in the mining industry as a tool to limit environmental risks. Does legislative compliance actually succeed in eliminating environmental risks or is it merely expensive window dressing? A South African perspective”

11.45 - 12.05


Panel V: Courts, Procedure and Justice Seminar Room 5 Chair: Craig Purshouse 10.45 - 11.05

Jonathan Brown (University of Strathclyde, UK): “‘Revenge Porn’ and the Actio Iniuriarum: Using ‘Old Law’ to Solve New Problems”

11.05 - 11.25

Brett Crumley (University of Liverpool): “Property in the Firsttier Tribunal (Charity)”

11.25 - 11.45

Renato Lovato Neto (University of Oporto, Portugal), “The compensation of danno biologico under Brazilian Tort Law”

11.45 - 12.05




Lunch and Poster Session Lunch and Poster Session -

12.05 - 13.15

Lunch and Poster Session Main Foyer & Social Spaces Lunch and Refreshments will be available in the Foyer. The Poster Session will also take place during Lunch, please do take some time to see the Poster Presentations on display and ask the authors questions. Featuring Posters by Seamus Byrne (University of Liverpool, UK)

Catriona MacIvor (Monash University, Australia)

Ye Jiang (University of Washington, USA)

Natasha A Georgiou (University of Reading, UK)

David J Acheson (University of Portsmouth, UK)

Max Byrne (University of Reading, UK)

Additional Posters may be on display. Sponsor Exhibition Stand

Thomson Reuters will have an exhibition stand open to visit throughout the Conference. Representatives from Thomson Reuters will also be available to talk to at their stand in the Main Foyer.

Lunch and Poster Session 7

Careers Session Careers Session - 13.15 - 14.15 Careers Session The Role of Publishing at the Beginning of an Academic Career [Lecture Theatre 7] Dr Amel Alghrani, Senior Lecturer, University of Liverpool, UK Amel Alghrani is Director of The Health Law & Regulation Unit and a Senior Lecturer who has extensive research experience in medical law and bioethics, in particular in the realms of assisted reproductive technologies and the ethical and regulatory questions new technologies in this domain generate. Dr Alghrani will offer an author’s perspective to the role of publishing in academia. Her talk will highlight why publishing is important, and includes some useful hints and tips on getting your work out there.

Lisa Avalos, Assistant Professor of Law, University of Arkansas School of Law, USA Professor Avalos's talk will demystify the process of publishing in American law journals. She will explain platforms such as Expresso and Scholastica, which can be used to submit articles to multiple journals, and she will also address matters such as article length, timing of submissions, and other helpful resources. Professor Avalos’s research focuses on international human rights with an emphasis on gender-based and sexual violence. She has published with the Vanderbilt Journal of Transnational Law, the Fordham International Law Journal, and the Michigan Journal of Gender and Law.

Sinead Moloney, Editorial Director and General Manager, Hart Publishing Sinead Moloney is the Editorial Director and General Manager of Hart Publishing. Hart was founded in 1996 to publish the highest quality works of legal scholarship. After 17 years as an independent publisher Hart became a part of Bloomsbury Publishing in 2013. Hart's list of publications is international in scope, and is distributed globally. Hart also has publishing links with many of the world's leading universities and law schools and with legal publishers across the globe, including CH Beck in Germany and Pedone in France. Sinead’s talk will highlight the submissions process of publishing PhD theses with Hart, and will give details on the types of revisions that a publisher may expect to make your thesis publishable.

Careers Session 8

Session III Break III -

14.15 - 14.30

Refreshments will be available in the Foyer

Session III - 14.30 - 15.50 Panel I: Human Rights Law Seminar Room 3 Chair: Dr Michael Gordon 14.30 - 14.50

Ahmed Balto (Trinity College Dublin, Ireland): “Defamation of Religion in International and Islamic Laws: Should Muslims be Conferred a Right not to be Offended?

14.50 - 15.10

Donato Gualtieri (University of Eastern Piedmont, Italy): “Rival or mutually reinforcing regimes? Protecting biological diversity and human rights against the threats posed by invasive alien species” Richard Watkins (University of Nottingham, UK): “Interpreting Article 2 of the European Convention: Guaranteeing Soldiers’ Right to Life”

15.10 - 15.30

15.30 - 15.50


Panel II: EU Law Seminar Room 10 Chair: Dr Thomas Horsley 14.30 - 14.45

Israel Klein (Hebrew University of Jerusalem, Israel): “Domestic Law & International Accounting”

14.45 - 15.00

Miroslava Marinova (University of Reading, UK): “The theory of price discrimination and rebates – is there a single test that could separate pro-competitive from anti-competitive pricing strategies, applied by a dominant company?” Mari Minn (Scuola Superiore Sant’Anna di Pisa, Italy) “Development of Orphan Drugs under European Regulatory Incentives and Patent Protection”

15.00 - 15.15

15.15 - 15.30

Nasiya Daminova (Scuola Superiore Sant'Anna di Pisa, Italy): “The “access to justice” in European law after the Treaty of Lisbon: the actors responsible for legal enforcement”

15.30 - 15.50


Session III 9

Session III Session III - 14.30 - 15.50 Panel III: Criminal Law and Punishment Lecture Theatre 7 Chair: Dr Matt Gibson 14.30 - 14.45

Choky R. Ramadhan (University of Indonesia, Indonesia): “Plead Guilty, Without Bargaining: Learning from China’s “Summary Procedure” before Enacting Indonesia’s “Special Procedure” in Criminal Procedure”

14.45 - 15.00

Muhammad Imran Ali (University of Pretoria, South Africa): “The Legislative Developments in the Criminal Justice System of South Africa Addressing Child Sexual Abuse - Lessons for Other Developing Countries”

15.00 - 15.15

Sharon Walker (National University of Ireland, Galway): “Is the Disproportionate Rise of Female Prisoners Linked with Disproportionate Sentencing?”

15.15 - 15.30

Lisa Avalos (University of Arkansas, USA): “Prosecuting Rape Victims While Rapists Run Free: the Catastrophic Consequences of Police Failure to Investigate Sex Crimes in Britain and the United States”

15.30 - 15.50


Panel IV: Conflict and Security Law Seminar Room 4 Chair: Dr Padraig McAuliffe 14.30 - 14.50

Auriane Botte (University of Nottingham, UK): “Unanimous vote at the UN Security Council on accountability for the use of chemical weapons in Syria: what’s next?”

14.50 - 15.10

Max Byrne (University of Reading, UK): “The Confrontation of Drones and International Law - Technology, Tension and Change”

15.10 - 15.30

Peter Gallagher (National University of Ireland, Galway): “Lethal Autonomous Weapons Systems: The need for definition?”

15.30 - 15.50


Session III 10

Soapbox Session Break IV -

15.50 - 16.00

Soapbox Session - 16.00 - 17.00 Soapbox Session [Lecture Theatre 7] Chair: Dr Michelle Farrell Soapbox Explained: Each Soapbox Presenter will have 5 minutes, against the clock, to argue a controversial legal point in an attempt to convince the audience. When the time runs out, the Presenter must stop speaking immediately. The audience will then have 10 minutes to challenge and question their argument, giving the Presenter the opportunity to defend and explain their points.

Soapbox Presenters Ben Murphy (University of Liverpool, UK): The United Nations Security Council is Unbound by Law

Alex Kaiserman (University of Oxford, UK) Partial Liability

Seamus Byrne (University of Liverpool, UK) Should Children be allowed to Vote?

Joshua Hughes (Lancaster University, UK) Killer Nerds: The Legal Problems with the NSA’s Role in Targeted Killing

Soapbox Session 11

Close of Conference Close of Conference -

17.00 - 17.15

Closing Remarks by the Organising Committee: Bianca Hanuz, Patrick Butchard and Yvonne Mellon 17.30 - 21.00 Evening Reception School of the Arts Library 19 Abercromby Square The Evening Reception will be held a short distance away at 19 Abercromby Square, in the School of the Arts Library (Room 1.14) (best access to the library is through the entrance at No 23). For those who have registered to attend, our PGR Helpers will guide you to the location. The venue is located at the School of the Arts, Building No 148/149 on the Campus Map (provided in your Conference Packs). The Reception will provide a full evening Buffet, Wine Reception, and a chance to Network with fellow participants.

Many thanks from the Organising Committee for attending the University of Liverpool International Postgraduate Legal Conference 2016. We hope you will return for future events and conferences at the Liverpool Law School.


Conference Details Venue Conference will take place in the Rendall Building on the University of Liverpool Campus. This is Building number 432, Grid ref D2, on the University’s Campus Map. Visit:


Hart Publishing Ltd. 16C Worcester Place, Oxford OX1 2JW, UK

Thomson Reuters, Legal UK & Ireland Friars House 160 Blackfriars Road Southwark London SE1 8EZ Sales Department

Web: Tel: +44 (0)1865 517530

19 Hatfields Southwark London SE1 8DJ

email: [email protected]

@hartpublishing Tel (Online): +44 (0)20 7202 1220 Tel (Print): 0845 600 9355 (UK) +44 (0)1264 388570 (International) @LegalSolutions @thomsonreuters


Conference Details Sponsors Cont.

Visit Liverpool and partners are providing a Cultural Walk of the Liverpool Waterfront on Sunday 10th January, exclusively for delegates of the conference. Details will be provided on Registration. Offer courtesy of Liverpool Destination Services; and Cultural Destinations Liverpool. Web: @VisitLiverpool

Please visit the #downtime page for more information and cultural offers for conference delegates while visiting Liverpool.

Cultural Walk The Organising Committee is pleased to announce that we have teamed up with Visit Liverpool and Partners to offer our delegates a Cultural Walk of Liverpool's historic Waterfront on Sunday 10th January, at 2.30PM. For those of you who are arriving over the weekend, this would be a great opportunity to see Liverpool on a bespoke guided tour. Visit Liverpool are also kindly offering our delegates a discount for this tour - a reduced rate of £7 per ticket.

If you are interested in attending this walk, and for more information, please visit or scan the QR Code


Conference Details Live Streaming and Social Media The Organising Committee is excited to announce that every Panel and Session during the conference, during which our delegates will present, will be Live Streamed on YouTube or on Periscope. The Poster Session will be streamed via mobile on Periscope, including short Q&As with Poster delegates on their research. This is an exciting opportunity for our delegates to demonstrate their research internationally and engage with the wider public. It is also a great opportunity for our international delegates’ colleagues to participate and engage with the conference in Liverpool Live online, as well as those otherwise unable to travel to Liverpool for the day. The twitter details for the Conference are as follows: Twitter: @livunilawpgcnf Hashtag: #livuniPGC2016 Please feel free to promote and engage with these at any time.

Channel: Liverpool Law PGR Conference



Conference Details Logistics and Directions Air Liverpool Airport +44 (0)871 521 8484 Liverpool John Lennon Airport is eight miles from the city and is best reached by taxi or the express bus, directly outside the entrance to the airport terminal. You can also get buses 500, 86, 80A and 82A to Liverpool city centre. More information about bus services is at: Manchester Airport +44 (0)871 271 0711 A train service runs between Manchester Airport and Liverpool Lime Street station. There is also a direct coach service which takes about 1 hour.

Road From the M62: at the end of the motorway continue straight ahead onto Edge Lane (A5080 then A5047) and follow signs for Liverpool City Centre and the University. Postcode for satellite navigation or online directions: L3 5TR Ferry Mersey Ferries operates services between Pier Head and Birkenhead/Wallasey on the Wirral. You can also sail between Liverpool and Belfast and the Isle of Man. Once in Liverpool, follow signs for the Catholic Cathedral, or for Lime Street Station, then follow directions to the university from the station, as listed above.

Rail The Campus is just a ten-minute walk away from the nearest mainline station at Lime Street. Take the main exit and turn left into Lime Street. Then turn left again at the Britannia Adelphi Hotel and continue up Brownlow Hill towards the Metropolitan Catholic Cathedral and Red Brick Building with its clock tower. National Rail Enquiries: +44 (0)8457 484950

Mersey Ferries: +44 (0)151 236 7676 email: [email protected]

Coach The National Express coach station is in Norton Street, a ten-minute walk from the Campus. From the exit, turn right and cross London Road into Seymour Street and Russell Street. Then turn left into Brownlow Hill and head towards the Metropolitan Catholic Cathedral. National Express Coaches: +44 (0)8717 818181

Car Parking Three visitor car parks with limited spaces are now available on campus off Mount Pleasant and Brownlow Street. Visitor car parking (printable PDF).

Local For comprehensive local travel information, call Traveline on +44 (0)151 236 7676. Alternatively, log on to or use Merseytravel's Journey Planner, This is also available as an app, on iTunes and the Google Play Store.

Visitors can also use the nearest city council car park, which can be found at the bottom of Mount Pleasant, towards the City Centre.


Conference Details Logistics and Directions Cont. Overnight Accommodation If you require overnight accommodation, contact Liverpool Tourism Information who provide a free accommodation booking service. Liverpool Tourism Information 0844 870 0123 (UK only)

Registration Registration for the Conference is now open at the following links: conferences/international-postgraduate-legalconference/registration/

Here, you will find a link to the University’s Online Store. The attendance fee is £20 - and this cost includes tea and coffee during registration and breaks, lunch, and a full evening buffet and drinks reception at the end of the conference.

Discounted rates / part-day tickets may apply for some University of Liverpool Students.


The People The Organising Committee Patrick Butchard Bianca Hanuz Yvonne Mellon The Organising Committee would like to thank those members of the Liverpool Law School below for their support through the organisation of the conference, and for their valued assistance throughout the day.

Events Team Rachel Barrett

PGR Helpers Seamus Byrne Lu Wang Kirsten Ward Rachel Heah Brett Crumley Michelle Waite

Ben Murphy Jasmine Nessa Angela Fowler Angelica Rutherford Bethany Rodgers Thomas Phillips

Academic & Research Staff Oliver Bartlett Dr Robert Knox Dr Eleanor Drywood Dr Anna-Marie Brennan Dr Aoife Daly Jared Ficklin Dr Christine Schwobel-Patel

Dr Michelle Farrell Craig Purshouse Dr Michael Gordon Dr Thomas Horsley Dr Matt Gibson Dr Padraig McAuliffe Dr Amel Alghrani

Professor Debra Morris, Head of School of Law and Social Justice

Professor Amandine Garde, Head of Department - Law




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