Exploring Law in an engaging and scholarly way.
Transitional Justice and Indigenous Peoples: A Tool for Decolonisation?
In this episode, Dr Lauren Dempster interviews Dr Claire Wright (QUB School of Law). The episode explores the relationship between indigenous peoples and transitional justice, with reference to the case of Colombia. We analyse the capacity of contemporary peacebuilding processes to deal with structural injustices rooted in colonial legacies, in this case racial hierarchies. We also explore other ways in which the post-colonial State can transform its relationships with Indigenous Peoples, namely via intercultural education, recognition of autonomy, and prior consultation. The discussion is based on research carried out within the project "Addressing post-colonial legacies in Transitional Justice", of which Fionnuala Ni Aolain (QUB ) and Bill Rolston (Ulster) are co-PIs, under the auspices of the GCRF Gender, Justice and Security Hub. Further information on the project can be found at https://thegenderhub.com/projects/addressing-post-colonial-legacies-in-transitional-justice/ (https://thegenderhub.com/projects/addressing-post-colonial-legacies-in-transitional-justice/) Our interviewee, Claire Wright, recently published an article (co-authored with Fionnuala Ní Aoláin and Bill Rolston) on the first phase of their project. Claire Wright, Bill Rolston and Fionnuala Ní Aoláin (2022) Navigating colonial debris: structural challenges for Colombia’s peace accord, Peacebuilding, DOI: https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdoi.org%2F10.1080%2F21647259.2022.2027153anddata=05%7C01%7Cr.summerville%40qub.ac.uk%7Ca2cf07aeec084e6ee79d08da536852d3%7Ceaab77eab4a549e3a1e8d6dd23a1f286%7C0%7C0%7C637914004840132756%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7Candsdata=8DT9ySS5v4LmU826pfz%2Bq46mYc9rNZXQDCm2n%2FaG3Ks%3Dandreserved=0 (10.1080/21647259.2022.2027153) A number of articles are referred to in this episode. The references are as follows:Augustine Park (2020) ’Settler colonialism, decolonisation and radicalising transitional justice,’ International Journal of Transitional Justice, 14(2), 260-279. Mohamed Sesay (2022) ‘Decolonization of postcolonial Africa: A structural justice project more radical than transitional justice,’ International Journal of Transitional Justice. Early online: https://doi.org/10.1093/ijtj/ijac006 (https://doi.org/10.1093/ijtj/ijac006) Hakeem Yusuf (2018) ‘Colonialism and the dilemmas of transitional justice in Nigeria,’ International Journal of Transitional Justice,12(2), 257-276. Belkis Izquierdo and Lieselotte Viaene (2018) Decolonizing Transitional Justice from Indigenous Territories. Peace in Progress, No. 34 https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ohchr.org%2Fsites%2Fdefault%2Ffiles%2FDocuments%2FIssues%2FIPeoples%2FSR%2FIPAndJustice%2F22-LViaene.pdfanddata=05%7C01%7Cr.summerville%40qub.ac.uk%7Ca2cf07aeec084e6ee79d08da536852d3%7Ceaab77eab4a549e3a1e8d6dd23a1f286%7C0%7C0%7C637914004840288987%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7Candsdata=i5oDYkHPN97OcVjFHacKUEg0OoHuEBvkAsTWlAuR%2BKw%3Dandreserved=0 (https://www.ohchr.org/sites/default/files/Documents/Issues/IPeoples/SR/IPAndJustice/22-LViaene.pdf) Twitter handles: @WrightPolitics @NiAolainF @TheGenderHub @GCRF @UKRI
Transitional justice in Ukraine?
In this episode, Dr Rachel Killean from the School of Law is joined by Professor Louise Mallinder for a conversation about transitional justice in Ukraine. Louise is Professor of Law at Queen's University Belfast, where she conducts research in the fields of international human rights law, international criminal law, and law and politics in political transitions. Between early 2019 and late 2021, Louise worked as an international consultant, supporting public officials and civil society in Ukraine. At the time, this group were developing a legal framework to enable the reintegration of the territory and people from temporarily occupied territories in Ukraine, including annexed Crimea and the self-proclaimed autonomous Republics in eastern Ukraine. This work has obviously been overtaken by the recent escalation of conflict. Following Russia’s invasion of Ukraine in March this year, Louise has been reflecting on the potential role of transitional justice in Ukraine’s uncertain future, and what lessons can be learned from the transitional justice work that has already been carried out in Ukraine in recent years. In April 2022, she published a blog on QUB’s QPol website in which she contextualised the current conversations about international accountability for crimes perpetrated in Ukraine and outlined some of the recent debates about what a transition could look like. The blog is availablehttps://www.qub.ac.uk/Research/GRI/mitchell-institute/news/040422LouiseMallinderConflictBlog.html ( here.)
Innocence in the criminal justice system
This episode focuses on how the law views the concept of innocence in the criminal justice system, particularly when it comes to compensation for someone who was wrongly convicted. Host Anurag Deb (PhD student, School of Law) interviews Hugh Southey QC, of https://www.matrixlaw.co.uk/member/hugh-southey/ (Matrix Chambers) (London), who practices at the Bars of England and Wales and Northern Ireland, sits as a Deputy High Court Judge and a Recorder in the Crown Court of England and Wales and is an Acting Justice of the Grand Court of the Cayman Islands. Hugh has a broad public law practice, specialising in human rights, crime, immigration, extradition, terrorism, inquests, immigration, discrimination and privacy. He also acted in a number of cases which are discussed in the episode, including R (Adams and others) v Justice Secretary  UKSC 18 and Allen v United Kingdom (2016) 63 EHRR 10. In this episode, Hugh shares his insights into acting in Adams and the various ways in which the criminal justice system, and the courts generally, view innocence. At times, these views differ considerably from how the concept is understood in wider society. These differences allow us not only to understand how the law treats people who have been charged with and convicted of criminal offences, but also how we, as a society, view the notion of innocence in criminal matters. The cases referenced in this episode are: R (Adams and others) v Justice Secretary  UKSC 18 https://www.bailii.org/uk/cases/UKSC/2011/18.html (https://www.bailii.org/uk/cases/UKSC/2011/18.html) Allen v United Kingdom (2016) 63 EHRR 10 https://www.bailii.org/eu/cases/ECHR/2013/678.html (https://www.bailii.org/eu/cases/ECHR/2013/678.html) R (Hallam and others) v Justice Secretary  UKSC 2 https://www.bailii.org/uk/cases/UKSC/2019/2.html (https://www.bailii.org/uk/cases/UKSC/2019/2.html) The report referenced in this episode is: ‘Supporting Exonerees: Ensuring accessible, consistent and continuing support’ (2018) by JUSTICE https://files.justice.org.uk/wp-content/uploads/2018/04/06170441/0218037-BROCHURE-Justice-Pro-Bono-brochure-Supporting-Exonerees_07-standard-00000002.pdf (https://files.justice.org.uk/wp-content/uploads/2018/04/06170441/0218037-BROCHURE-Justice-Pro-Bono-brochure-Supporting-Exonerees_07-standard-00000002.pdf)
International Women's Day - 'Break the Bias'
In this episode, Dr Rachel Killean (School of Law), speaks to three legal practitioners who took part in the Women as Legal Change Makers conference hosted by the School of Law Athena Swan Committee in September 2021. The three guests, Leah Treanor (a barrister-at-law in Northern Ireland and former School of Law PhD student), Claire Archbold (an Honorary Professor of Practice in Public Law and Deputy Departmental Solicitor for the Northern Ireland Civil Service), and Mara McCloskey (solicitor at The PILS Project and Chair of the Northern Ireland Law Society's Human Rights and Equality Working Group), discuss the 2022 International Women's Day theme 'Break the Bias'. In particular, they consider the IWD three mission statements: celebrating women's achievements, raising awareness against bias, and taking action for equality.
Dr Peter Doran with Dr Eilís Ward - The Neoliberal Self
In this edition of LawPod, Dr Peter Doran is joined by his friend and colleague Dr Eilís Ward to discuss her new book, Self (2021). The book is published by Cork University Press in the Síreacht series on longings for another Ireland. Ward argues that we have got it wrong in the West with our belief in a ‘self’ that is autonomous and separate from others, exemplified by the entrepreneurial self: always on, always positive and always self-improving. This is the neoliberal self, a particular creature of late capitalism. Drawing on her Zen Buddhist philosophy and practice, Ward goes further and argues that this entrenched view of the isolated self is harmful to us and is the source of much of our suffering. Dr Doran, who shares a deep interest in Zen Buddhist responses to our neoliberal times, engages Dr Ward on the prospects for human liberation and narratives to counter the dominant influence of neoliberalism on our modern constructions of the disembedded self longing for connection. Eilís Ward was lecturer in the School of Political Science and Sociology, National University of Ireland, Galway. Her book is available from Cork University Press: https://eur02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.corkuniversitypress.com%2FSelf-p%2F9781782054870.htmanddata=05%7C01%7Cr.summerville%40qub.ac.uk%7C15442c4b477e422bc07b08da31c9e406%7Ceaab77eab4a549e3a1e8d6dd23a1f286%7C0%7C0%7C637877040426441467%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7Candsdata=LeviMb%2B0BVWGwtH9HVBGn9ETUnpefulM9u36XhII2Zg%3Dandreserved=0 (https://www.corkuniversitypress.com/Self-p/9781782054870.htm)
Dr David Capper - Third-Party Litigation Funding
Dr David Capper in a fascinating conversation with Dr Lauren Dempster about the potential developments in third-party litigation funding in Ireland, the UK and further afield.
The discussion covers potential applications for third-party litigation funding and the opportunities that Brexit has brought to the Irish jurisdiction.https://pure.qub.ac.uk/en/persons/david-capperDavid Capper, ‘Third-Party Litigation Funding in Ireland: Time for Change?’ (2018) 37 Civil Justice Quarterly 193-215
Great legal podcast
I love the breadth of subject matter thats is covered and the high quality of the production in general. Some really good thought provoking episodes.