Speaker: Professor Christopher Nicholls (University of Western Ontario)

In 1933, in the depths of the Great Depression, the Yale Law School and Harvard Business School launched an innovative joint program: the “Law-Business Course”. The program’s principal architect was Yale law professor William O. Douglas, best remembered today as the longest serving member of the US Supreme Court and one of the most provocative. For a short time, this remarkable academic initiative brought together professional schools at America’s two foremost universities, foreshadowing the interdisciplinary approach to law and business education that animate modern JD/MBA programs. The creation and short life of this unique academic collaboration provide a fascinating glimpse into the intellectual dynamism of early twentieth century business law education and the politics and practical exigencies facing academic pioneers of that important era. The story of this forward-thinking interdisciplinary perspective also offers important insights into current approaches to business law and, in particular, the pivotal role of modern finance theory in the development of the study, practice, and theory of corporate law today.

3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners.

For more information see the Centre for Corporate and Commercial Law website:

http://www.3cl.law.cam.ac.uk/

Speaker: Professor Barend van Leeuwen, Durham University

Abstract: What do we mean when we talk about the "horizontal direct effect" of the free movement provisions? You would think that, after decades of case law on the free movement provisions, the meaning of this concept should be relatively clear and crystallised. However, there is still a significant amount of disagreement about the very meaning of the concept of "horizontal direct effect". While some EU lawyers speak of horizontal direct effect when the free movement provisions are applied in a dispute between private parties (a procedural approach), other EU lawyers will only refer to horizontal direct effect when the rule or conduct that is being challenged is of a private nature (a substantive approach). This paper will analyse these different interpretations of the concept of horizontal direct effect through the lens of the "Familiapress dilemma". It will be argued that a distinction should be made between horizontal direct effect cases (in which private rules or actions are challenged in a dispute between private parties) and horizontal enforcement cases (in which State rules or actions are challenged in a dispute between private parties). The problem with a procedural approach to horizontal direct effect is that no connection is made between direct effect and the question of who is held responsible (and liable) for breaches of the free movement provisions. This makes it more difficult to provide effective judicial protection to victims of breaches of free movement law, because it is unclear who should ultimately "pay the bill". Against this background, it will be argued that the CJEU should develop more explicit techniques or "formulas" to allocate responsibility in free movement cases. In parallel, the CJEU should improve the effectiveness of the remedies of State liability and private liability for breaches of the free movement provisions.

For more information see:

https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Dr Henry Pearce, Senior Lecturer in Law at the University of Portsmouth and Deputy Editor for Computer Law & Security Review

Abstract: This presentation examines the impact of Brexit on UK data protection law and, using the introduction of the now-defunct Data Protection and Digital Information Bill as a case study, critiques the ongoing reliance on personal data as the core concept underlying UK data protection law and policy. As an alternative, the presentation explores the possibility of a harm-based approach to data protection, which would shift the law’s focus away from the concept of personal data to the notion of information harms. It is contended that an approach in this vein could help to address some of the semantic and practical challenges inherent in the current personal data-based approach and could provide a more sustainable foundation for data protection law moving forward.

Biography: Dr Henry Pearce is a Senior Lecturer in Law at the University of Portsmouth. He joined the University in November 2018, having previously been lecturer in law at the University of Hertfordshire from July 2015, and tutor in law at the University of Southampton from December 2012 until June 2015. He is Deputy Editor for Computer Law & Security Review (CLSR) and provides data protection consultancy services to a number of firms based in London and the South of the UK. His research primarily focuses on data protection law and policy, and law and emerging technologies.

For more information see:

https://www.cipil.law.cam.ac.uk/seminars-and-events/cipil-seminars

Lecture summary: The United Nations Charter order (UNCO) and the co-evolved liberal international order (LIO) are contested with a heretofore unknown force. The steep rise in contestations in the realm of public politics rather than the courtroom demonstrates a shift from normal contestation as a source of legitimacy and ordering towards deep contestation as a political challenge of foundational elements of liberal order. Today, not only in the Global South but also across Europe and North America, sceptics of globalization on the political left and nationalist-populists on the political right are challenging the fundamental pillars of the LIO (i.e., democracy, economic openness, and multilateralism). The process is paired by growing contestations of international law that is codified in the UN Charter including contestation of core norms of the UNCO (i.e., non-intervention, human rights, and sovereignty). While the effect of deep contestation is unknowable, we do know however that normal contestation is the essence of everyday politics. The clash of interests, norms, and ideas is entirely normal. Yet, contestation can also be degenerative, moving political outcomes away from desired ends through ad hoc and perhaps inconsistent compromises. As core norms of the LIO and UNCO have become deeply contested, we require a better understanding about the expected effects. Access to contestation as the right to speak and participate in political decisions is a necessary condition for normative legitimacy and mutual recognition of the norms that govern us. Achieving this condition involves struggles about norm(ative) meaning-in-use which take place on distinct sites of global order. This raises a question about time, substance, and norm(ative) change in global order more generally and, more specifically, which elements of international order ought to be retained. The lecture posits that the observed qualitative shift from constitutive everyday contestations towards potentially degenerative political contestation calls for a methodological stocktake of how contestations work with regard to global re/ordering, i.e. whose practices count and whose norms ought to count in that process?

Professor Antje Wiener FAcSS, MAE, holds the Chair of Political Science, especially Global Governance at the University of Hamburg where she is a member of the Faculty of Business and Social Sciences as well as the Law Faculty. She is an elected By-Fellow of Hughes Hall University of Cambridge, a Fellow of the UK’s Academy of Social Sciences, and a Member of the Academia Europea. Her research and teaching centres on International Relations theory, especially norms research and contestation theory. Previously she held Chairs in International Studies at Queen’s University Belfast and the University of Bath and taught at the Universities of Stanford, Carleton, Sussex and Hannover. Current research projects include ‘Contested Climate Justice in Sensitive Regions’ at the Cluster of Excellence Climate, Climatic Change and Society (CLICCS) as well as ‘Doing Theory – From Where and What For? A Backpackers’ Guide to Knowledge Production’ at the Centre for Sustainable Society Research (CSS) among others. With James Tully, she is co-founding editor of Global Constitutionalism (CUP, since 2012 ). And she also edits the Norm Research in International Relations Series (Springer). She serves on several Committees of the Academy of Social Sciences . In 2021, she concluded her second three-year term as elected member of the Executive Committee of the German Political Science Association (DVPW). Her book ‘Contestation and Constitution of Norms in Global International Relations’ (CUP 2018) was awarded the International Law Section’s Book Prize in 2020. And her most recent book ‘Contesting the World: Norm Research in Theory and Practice’ co-edited with Phil Orchard was published with CUP in 2024.

Lecture summary: Grand corruption – the abuse of public office for private gain by a nation's leaders (kleptocrats) - has devastating consequences. As then UN High Commissioner for Human Rights Navi Pillay said, the amount lost to corruption each year is enough to feed the world's hungry 80 times over. Grand corruption contributes to climate change and is a major impediment to ameliorating it. The refugees creating humanitarian and political crises around the world are largely fleeing failed states ruled by kleptocrats. Grand corruption is antithetical to democracy. Indignation at grand corruption has prompted uprisings in many countries and created grave dangers for international peace and security.

Grand corruption does not thrive and endure in many countries because of a lack of laws. 186 UN member states are parties to the UN Convention against Corruption (UNCAC). Virtually all of them have the laws required by the UNCAC criminalizing corrupt conduct, and international obligations to enforce them against their corrupt leaders. However, kleptocrats have impunity in the countries they rule because they control the police, the prosecutors, and the courts.

Therefore, the proposed International Anti-Corruption Court (IACC) is urgently needed. It will be a court of last resort, to prosecute kleptocrats and their private conspirators, for violating treaty counterparts of the laws of countries that are unwilling or unable to do so themselves. Successful prosecutions, and civil suits, in the IACC will result in the recovery and repatriation of stolen assets. The imprisonment of kleptocrats, who are among the worst abusers of human rights, will create opportunities for the democratic process to replace them with leaders dedicated to serving their citizens rather than enriching themselves. It will also deter others tempted to emulate their example.

The effort to establish the IACC is rapidly progressing. It has been publicly endorsed by: more than 350 world leaders, including 55 former Presidents and Prime Ministers; the European Parliament; the Netherlands, Canada, Ecuador, Nigeria, Moldova, and the UK Labour Party before it recently took office. Many other countries have privately expressed support for the IACC or strong interest in seriously considering the treaty being drafted to establish it that will be ready to be reviewed in early 2025.

Speaker: Mark L. Wolf is a Senior United States District Judge and Chair of the Integrity Initiatives International (III), which has catalyzed and is coordinating the campaign to create the IACC. Prior to his appointment in 1985, Judge Wolf served as a Special Assistant to the Attorney General of the US after Watergate and as the chief federal corruption prosecutor in Massachusetts. He has taught a course on combatting corruption internationally at the Harvard Kennedy School of Government. He has spoken on the role of a judge in a democracy, human rights issues, and combatting corruption in many countries, including Russia, China, Ukraine, Turkey, the Czech Republic, Slovakia, Slovenia, Romania, Hungary, Egypt, Cyprus, Panama, Colombia, Mexico, Norway, the United Kingdom, France, the Netherlands, and at the Vatican.

Speaker: Dr Akshaya Kamalnath (Australian National University)

Governance of companies has always involved some uncertainty and technology related challenges similarly add to the risks and challenges involved. Yet, corporate governance – both the legal and non-legal aspects – finds ways to address risks and so it will be with tech-related issues. This paper argues that effective corporate governance should now include a focus on ‘digital governance’ which I define as governance of technology and data related challenges. It will include questions of the role of AI and other technologies in making boards more effective, the governance of risks associated with the use of technology at all levels of the firm including considerations of fairness and bias when AI is used in some contexts, and data privacy and cybersecurity risks. While the paper does not call for a change in the core legal duties of directors, it proposes that soft law nudge companies to address tech-related risks. An obvious starting point is to encourage companies to appoint directors with tech expertise and constitute a tech committee where relevant. However, drawing from literature on independent directors and board diversity, the chapter notes that alterations to board composition is not a silver bullet. It must be part of a mindset where the risks posed by technology are treated seriously enough to necessitate strategies and practices beyond mere compliance with existing laws.

3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners.

http://www.3cl.law.cam.ac.uk/

Speaker: Dr Kalpana Tyagi, Assistant Professor, Maastricht University

Abstract: Data protection, privacy and copyright may be closely aligned, yet distinctly respond to the common element, that is data – comprising of personal as well as non-personal elements. While data may not be copyright-protected, works (at least in their current form) are copyright-protected. As the Generative AI tools become more advanced, data and copyright-protected works may cease to bear any direct resemblance to pre-existing works. This can be attributed to the rise of synthetic data. While synthetic data may facilitate compliance with the 2016 EU General Data Protection Regulation (GDPR), it also heralds notable challenges for the current IPR (particularly copyright) framework. This interplay between law and technology - in light of its inter- & intra-disciplinary complexity - remains under-explored in the literature. At the CIPIL seminar, Dr. Tyagi presents her research findings on this interplay between copyright (and other IPRs) as well as data protection and privacy in the context of synthetic data and Generative AI.

Biography: Kalpana Tyagi is Assistant Professor of Intellectual Property and Competition Law in the European and International Law Department, Maastricht University. She holds a multidisciplinary PhD (summa cum laude) from the Max Planck Institute for Innovation and Competition, Munich where she worked as Max Planck Fellow for Innovation and Competition until 2015. She also holds a bachelor’s degree in marketing and business strategy (I division) from College of Business Studies, New Delhi (2002), a bachelor’s degree in law (I division) from the Department of Law, New Delhi, an LLM degree in International Business Laws (I division) from Singapore and China (2009) and a specialized master in European Law and Economics (magna cum laude) from University of Hamburg, Bologna and Ghent (2012). Her main areas of interest relate to the interface of intellectual property rights and competition law, particularly in the context of digitalization.

For more information see:

https://www.cipil.law.cam.ac.uk/seminars-and-events/cipil-seminars

This entry provides an audio source for iTunes.

On Friday 18 October 2024, The Honourable Susan Mary Kiefel AC KC delivered the 2024 Sir David Williams Lecture entitled "Judicial review of discretionary decision-making: differences of approach".

The lecture begins at: 05:40

The Sir David Williams Lecture is an annual address delivered by a guest lecturer in honour of Sir David Williams, Emeritus Rouse Ball Professor of English Law and Emeritus Vice-Chancellor of Cambridge University.

More information about this lecture, including photographs from the event, is available from the Centre for Public Law website at:

https://www.cpl.law.cam.ac.uk/sir-david-williams-lectures

Speaker: Professor Ruth Okediji, Jeremiah Smith Jr., Professor of Law, Harvard Law School and Co-Director of the Berkman Klein Center

Abstract: The conclusion of the Agreement on Trade Related Intellectual Property Rights (TRIPS) in 1994 sparked a quiet revolution in the global IP system by directing unprecedented scrutiny to the maldistribution of innovation benefits among countries and communities, including Indigenous Peoples’ traditional knowledge. The unauthorized access, use, and commercialization of biological resources raised specific questions about the malleability of acquisitive processes for patents, designs, and trademarks, and galvanized soft and hard law instruments recognizing interests in traditional knowledge and genetic resources that are in tension with dominant IP justifications. This lecture examines the recently concluded WIPO genetic resources treaty - the first formal attempt to overlay Indigenous people’s concerns on the system of global IP rights and administration. The lecture will explore prospects for structural change in IP governance based on the treaty’s design and highlight its implications for IP harmonization that differ starkly from the vision codified in the TRIPS Agreement. Those implications threaten prospects for the equitable allocation of benefits between Indigenous People’s knowledge and other stakeholders in the international IP regime.

Biography: Ruth L. Okediji is the Jeremiah Smith. Jr, Professor of Law at Harvard Law School and Co-Director of the Berkman Klein Center. A renowned scholar in international intellectual property (IP) law and a foremost authority on the role of intellectual property in social and economic development, Professor Okediji has advised inter-governmental organizations, regional economic communities, and national governments on a range of matters related to technology, innovation policy, and development. Her widely cited scholarship on IP and development has influenced government policies in sub-Saharan Africa, the Caribbean, Latin America, and South America. Her ideas have helped shape national strategies for the implementation of the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). She works closely with several United Nations agencies, research centers, and international organizations on the human development effects of international IP policy, including access to knowledge, access to essential medicines and issues related to indigenous innovation systems.

For more information see:

https://www.cipil.law.cam.ac.uk/seminars-and-events/cipil-seminars

This entry provides an audio source for iTunes.