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Refugees and Exclusion: Informing the Global Judiciary

Summary of the impact

Professor Geoff Gilbert's research on exclusion in international refugee law has influenced policies of international organisations and courts around the world. His research on extradition prompted the UN High Commissioner for Refugees (UNHCR) to invite Gilbert to write the Global Consultation on exclusion, adopted in 2001 at the 50th Anniversary meeting for the 1951 Convention Relating to the Status of Refugees. This Consultation directly influenced UNHCR's 2003 Guidelines on Exclusion that have been cited worldwide in hundreds of cases during the impact period. Canadian and German appellate courts have also favourably cited Gilbert's work directly.

Submitting Institution

University of Essex

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Case Study 4: Shaping the development of international environmental law

Summary of the impact

A research programme led by Boyle in Edinburgh (with Birnie (LSE) and Redgwell (UCL)) pioneered the discipline of international environmental law. That work, in turn, informed the infrastructure for international environmental law in practice. Through Boyle's work as legal counsel in several high-profile international cases (2010-11), his proposed subject-paradigm has been translated from theory to legal framework. Crucially, it has been endorsed and applied by both the International Law Commission and relevant international courts, including the International Court of Justice.

Submitting Institution

University of Edinburgh

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Policy and Administration
Law and Legal Studies: Law

Criminal law, complicity and homicide

Summary of the impact

This research has made a sustained and continuing impact on the development and application of the substantive criminal law, including mens rea and general defences, and especially in the areas of complicity and homicide, in terms of

i) development of the law by the appellate courts;

ii) application of the law by practitioners; and

iii) government policy as to the reform of the law of murder and complicity.

Submitting Institution

University of Central Lancashire

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Influencing Water Law and Governance in India (Philippe Cullet)

Summary of the impact

The Government of India has put forward a National Water Framework Act arising from part of the work of the national Planning Commission. Philippe Cullet's research on water law and governance has directly impacted upon the nature of India's planned legislation on the issue, facilitated by his chairmanship of a group within India's Planning Commission. This is of great significance in a country where 12% of the 1.2 billion-population lacks access to improved drinking water and where there are major concerns around sustainability of supply.

Submitting Institution

School of Oriental & African Studies

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Economics: Applied Economics
Law and Legal Studies: Law

International Children’s Law

Summary of the impact

The case study is concerned with the issue of international family law disputes, especially how the law affects those involved in such cases. Over the last few years, the research has had extensive impact among lawyers, mediators, judges and families. The stimulus for the research was realisation that there was a pressing need for closer professional collaborations in order to deliver improved outcomes for affected families. To this end, the Centre for Family Law and Practice (CFLP) was established at London Metropolitan University (LMU) in January 2009. Under the auspices of CFLP, interdisciplinary experts worked on these issues. CFLP assists courts, including the United Kingdom and United States Supreme Courts, with amicus curiae briefs based in particular on the research of Professor Marilyn Freeman, abetted by that of Dr Frances Burton.

Submitting Institution

London Metropolitan University

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services
Studies In Human Society: Social Work
Law and Legal Studies: Law

Governance, Legal Reform and Access to Justice

Summary of the impact

Professor Faundez's research has set out how legal reform projects should be designed and implemented in order to be successful in the context of existing local conditions and to ensure access to justice for indigenous peoples and other vulnerable groups. His work as policy advisor both to development agencies (the World Bank, the UK's Department for International Development (DFID), and the Inter-American Development Bank) and to Non- Governmental Organisations (NGOs) (Amnesty International, the World Justice Project) has helped these organisations broaden their approach to the design, implementation and evaluation of legal reform projects. The range of his publications - from academic articles to specially commissioned reports - has ensured a fruitful dialogue with practitioners in the field of law and governance.

Submitting Institution

University of Warwick

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Successful Introduction of a new non-statutory rule of disclosure for Trustee Exemption Clauses

Summary of the impact

In 2010 the Ministry of Justice formally accepted recommendations by the Law Commission to introduce a new non-statutory rule of disclosure for trustee exemption clauses in England and Wales. Newcastle research had a direct impact upon the development of the law on trustee exemption clauses. In 2002 Dunn successfully tendered to undertake research on trustee exemption clauses in England and Wales on behalf of the Law Commission. Dunn's research was published by the Law Commission as a separate and distinct chapter of its consultation paper on trustee exemption clauses. The research (alongside consultation responses) influenced the Law Commission's recommendation that a non-statutory rule of disclosure be introduced into the law of England and Wales. This recommendation was accepted by the Government in 2010 and has been implemented by the trust industry.

Submitting Institution

Newcastle University

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Protection of Children in Private International Law

Summary of the impact

The protection of children in international law requires clear rules identifying: the country in which disputes concerning children should be litigated (jurisdiction); which country's law should be applied to resolve those disputes (choice of law); and when effect should be given to the orders of foreign courts (recognition and enforcement). These Private International Law issues are central to the research highlighted in this Case Study, which has impacted upon:

  • the implementation of an international convention, and drafting of an associated statutory instrument;
  • the elaboration of judicial decisions;
  • the uniform interpretation of international instruments at a global level through the INCADAT database; as well as
  • the focus and content of judicial training.

Submitting Institution

University of Dundee

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Legislative change and legal practice

Summary of the impact

Two particular examples of impact on legislative change and legal practice are described: impact on the parliamentary process and impact on mental health practice and procedure. The first example describes contribution to debate during the parliamentary process for the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill and contribution to the decision to reject rushed emergency legislation. The research team's response to the consultation by the Justice 2 Committee was widely referred to by organisational representatives and individuals in the debates. The second example focuses on the impact from a key text, which has been used by both sides and judges in Sheriff Court appeals. The impact here is in its verifiable effect on the practice of law in courts and in the making of legal determinations.

Submitting Institution

Robert Gordon University

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Privacy, Libel and Freedom of Expression

Summary of the impact

Research conducted by Durham University on the reconciliation of free speech with rights of privacy and reputation has significantly affected contemporary law and policy around the law of privacy, media injunctions and libel reform. Specifically, it has:

(1) resulted in a substantial contribution to the Ministry of Justice (MoJ) Libel Working Group and hence to the Defamation Bill 2012 which followed (now the Defamation Act 2013);

(2) strongly influenced the report of Parliament's Joint Committee on Human Rights on the human rights aspects of that Bill;

(3) influenced a major parliamentary inquiry on privacy;

(4) helped change Crown Prosecution Service (CPS) guidelines on prosecuting the media for privacy-related offences including phone-hacking;

(5) been used in argument by an NGO intervening in two important cases before the European Court of Human Rights (ECtHR).

Submitting Institution

University of Durham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

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