Programme November-December 2006
The Legal Research Society is pleased to announce its research programme for the coming months:
Tuesday 14 November, 5pm, Taylor A15
Ole W. Pedersen (co-authored with Anne-Michelle Slater) ‘Devolved Scotland and Environmental Justice’
(moderated by Justin Borg Barthet)
Scotland has been a devolved administration since 1999. In this period environmental justice has received increasing attention from a variety of participants and stakeholders on the Scottish political scene. This paper seeks to explore and analyse the emergence of environmental justice in Scotland today. This is done by, outlining the devolution arrangements of the Scottish Parliament and touching upon the implications this has in the area of environmental law. The paper then goes on to consider the origin of environmental justice in Scotland and assesses the development of environmental justice as a concept at governmental level, by analysing the Scottish Executive’s stance on environmental justice and tracing the concept’s incorporation into legislation. The paper concludes that while a strong desire for developing an environmental justice agenda in Scotland exists this has resulted in environmental justice being interpreted to date both widely and rapidly. There is concern that this may in fact reduce the value of the concept.
Tuesday 28 November, 5pm, Taylor A15
Roundtable Discussion ‘The Internet and Musical Copyright’s Swan Song’
(moderated by Derek Fincham)
Following the success of our first roundtable discussion, we will next discuss the challenges to musical copyright posed by the internet as well as the opportunities that the electronic environment presents to stakeholders in the musical industry.
Tuesday 05 December, 5pm, Taylor A15
Dabney Evans ‘Interpreting the right to health under the Convention on the Elimination of all forms of Racial Discrimination’
(moderated by Jernej Letnar)
The study aims to develop a model for the interpretation of the obligations under Article 5(e)iv of the Convention on the Elimination of all forms of Racial Discrimination utilizing normative texts on the right to health as well as public heath measures such as health disparities. The study begins with an examination of the historical development of the terminology of discrimination in general and racial discrimination in particular culminating the drafting of the Convention on the Elimination of all for of Racial Discrimination. Next the human rights treaty and normative texts relevant to the right to health are examined. The author presents a model for the interpretation of Article 5(e)iv which asserts that the familial texts of the ICESCR and CESCR General Comment 14 on the right to health should be utilized to interpret States obligations under CERD. The author suggests that health disparities between racial groups may serve as a measure of racial discrimination. Finally, the author attempts to apply the model by examining health disparities across racial groups in several country settings. The model may be a useful tool for States and international treaty bodies as they attempt to address racial discrimination and evaluate the fulfilment of State obligations under Article 5(e)iv of CERD.
Friday 08 December, 12pm, Venue TBA
Advocate General Eleanor Sharpston ‘European Citizenship and the Fundamental Freedoms: A Wolf in Sheep’s Clothing?’
Advocate General Eleanor Sharpston will present a paper as part of the Law School’s Research Seminar Programme. The Legal Research Society is proud to have collaborated with the Law School to bring one of Britain’s foremost European lawyers to Aberdeen. Further information about the Advocate General can be viewed at the website of the European Court of Justice.
Tuesday 14 November, 5pm, Taylor A15
Ole W. Pedersen (co-authored with Anne-Michelle Slater) ‘Devolved Scotland and Environmental Justice’
(moderated by Justin Borg Barthet)
Scotland has been a devolved administration since 1999. In this period environmental justice has received increasing attention from a variety of participants and stakeholders on the Scottish political scene. This paper seeks to explore and analyse the emergence of environmental justice in Scotland today. This is done by, outlining the devolution arrangements of the Scottish Parliament and touching upon the implications this has in the area of environmental law. The paper then goes on to consider the origin of environmental justice in Scotland and assesses the development of environmental justice as a concept at governmental level, by analysing the Scottish Executive’s stance on environmental justice and tracing the concept’s incorporation into legislation. The paper concludes that while a strong desire for developing an environmental justice agenda in Scotland exists this has resulted in environmental justice being interpreted to date both widely and rapidly. There is concern that this may in fact reduce the value of the concept.
Tuesday 28 November, 5pm, Taylor A15
Roundtable Discussion ‘The Internet and Musical Copyright’s Swan Song’
(moderated by Derek Fincham)
Following the success of our first roundtable discussion, we will next discuss the challenges to musical copyright posed by the internet as well as the opportunities that the electronic environment presents to stakeholders in the musical industry.
Tuesday 05 December, 5pm, Taylor A15
Dabney Evans ‘Interpreting the right to health under the Convention on the Elimination of all forms of Racial Discrimination’
(moderated by Jernej Letnar)
The study aims to develop a model for the interpretation of the obligations under Article 5(e)iv of the Convention on the Elimination of all forms of Racial Discrimination utilizing normative texts on the right to health as well as public heath measures such as health disparities. The study begins with an examination of the historical development of the terminology of discrimination in general and racial discrimination in particular culminating the drafting of the Convention on the Elimination of all for of Racial Discrimination. Next the human rights treaty and normative texts relevant to the right to health are examined. The author presents a model for the interpretation of Article 5(e)iv which asserts that the familial texts of the ICESCR and CESCR General Comment 14 on the right to health should be utilized to interpret States obligations under CERD. The author suggests that health disparities between racial groups may serve as a measure of racial discrimination. Finally, the author attempts to apply the model by examining health disparities across racial groups in several country settings. The model may be a useful tool for States and international treaty bodies as they attempt to address racial discrimination and evaluate the fulfilment of State obligations under Article 5(e)iv of CERD.
Friday 08 December, 12pm, Venue TBA
Advocate General Eleanor Sharpston ‘European Citizenship and the Fundamental Freedoms: A Wolf in Sheep’s Clothing?’
Advocate General Eleanor Sharpston will present a paper as part of the Law School’s Research Seminar Programme. The Legal Research Society is proud to have collaborated with the Law School to bring one of Britain’s foremost European lawyers to Aberdeen. Further information about the Advocate General can be viewed at the website of the European Court of Justice.
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