Incarceration in Scotland: a system with positive evolutions in need of a generalisation of its good practices

In this guest post, Coline Constantin reflects on the recent seminar that tackled issues around incarceration in Scotland. Coline is reading for an LLM in Human Rights at Edinburgh Law School, and applied for funding for this event from the Global Justice and Global Development Academies’ Innovative Initiative Fund.

Scotland has the second highest imprisonment rate in Europe. Although English headlines for issues of overcrowding, under staffing, rising rates of self-harming cases do not find an echo north of the border, the statistic still makes it worth taking a closer look at its system. On Thursday 26 April, an engaged audience gathered at the University of Edinburgh to hear more about the positive developments and challenges of the Scottish system of detention.

Three panellists from different fields of expertise and different view angles on the Scottish situation were invited to cover topics from policy-making, to the implementation and analysis of these policies. Professor Richard Sparks, Convenor of Howard League Scotland and criminologist specialised on the different systems of detention in the UK, took us through his analysis of the particularities of the Scottish case within the UK and European context. Tom Halpin, Chief Executive of Sacro and prominent figure in the reduction of inequalities in the Scottish criminal justice system, gave us a sense of the work that is being done with communities and specific groups of people with convictions to go towards better mentoring and guidance throughout the process. Pete White, Chief Executive of Positive Prisons? Positive Future and fascinating storyteller, treated the audience with a story of his personal experience from his time inside and the aftermath of this life-changing event.

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The Shadows of Torture: Reporting from Guantánamo

This series of blogs presents a number of the legal issues raised at the April – May 2018 military commission proceedings against the alleged plotters of the 11 September 2001 (9/11) terror attacks against the US in the case of US v. Khalid Shaikh Mohammad, et. al. taking place at Camp Justice, Guantánamo Bay Naval Station, Cuba.

The author, Dr Kasey McCall-Smith, is conducting a research project entitled Torture on Trial, which is funded by the Royal Society of Edinburgh.

1. The Shadows of Torture

When people speak about torture and the war on terror, the most egregious and publicly decried acts generally pop to mind: waterboarding, walling, sleep deprivation, and so on. As the military commission proceedings in case of US v. Khalid Shaikh Mohammad, et. al. (KSM case) unfold, less examined examples aspects of torture reveal the irreversible physical and mental impacts on victims of such abuse.

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Recent Discussions in Legal Theory at the Edinburgh Legal Theory Research Group

In this post, the Co-Convenors of the Edinburgh Legal Theory Research Group for 2017-18, Richard Latta and Joaquin Reyes, report on their recent Winter/Spring seminar series and the topics discussed.

The Edinburgh Legal Theory Research Group is very grateful for the support of the Global Justice Academy for the Edinburgh Legal Theory Research Group’s Seminar Series of Spring 2018. This semester we hosted speakers from all over the world to discuss issues in legal theory and beyond legal theory. Continue reading

Liberating Comparisons: Report from the Workshop

The Liberating Comparisons network emerged out of a workshop by the same name in Edinburgh on 8 December 2017. The workshop drew together scholars from across the UK to explore the potential of comparative methods.

From back left: Jonathan Spencer, Sneha Krishnan, Kesi Mahendran, Juliano Spyer, Sarah Linn, Ian Harper, Mikal Woldu, Patrick Mutahi, Simone Lamont-Black, Indrajit Roy

The workshop started from the premise that comparative methods had the potential to reify or disrupt the way we see the world and our place within it. Our workshop drew together scholars who were interested in the latter: the transformative insights that comparative methods could bring to the complex and important issues of our day.

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Personality and Procedure: Judges and UNCLOS adjudication

In his first post as GJA Student Ambassador, Connor Hounslow reports from the 2017 Scottish Centre for International Law‘s Annual Lecture. This year’s lecture was delivered by Natalie Klein, Professor and Dean of Macquarie Law School.

 

Last Tuesday, Professor Klein delivered the Scottish Center for International Law Annual lecture on the role of the judge in developing international law, especially within the context of the Law of the Sea. As described by Professor Klein, her body of research on this topic represents a microcosm of the international legal system. Nonetheless, Professor Klein’s explorations in this lecture posited an understanding of the judge which applies to the broader international legal universe.

Natalie Klein, Professor and Dean of Macquarie Law School, giving the Scottish Center for International Law Annual Lecture on ‘The Role of Judges in Developing the Law of the Sea’.

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Introducing our first 2017-18 Student Ambassador

The Global Justice Academy runs a Student Ambassador programme within the University of Edinburgh, where current undergraduates and postgraduates can get involved with our work. Here, Connor Hounslow introduces himself as our first Student Ambassador for 2017-18. Connor will be reporting from upcoming events as well as penning opinion pieces for this blog. Stay tuned!

My name is Connor Hounslow andI  hail from Westborough, Massachusetts.  I am third-year MA (Hons) International Relations with Quantitative Methods Student at the University. My aligned interests with the Global Justice Academy include political theory, international law, as well as the use of quantitative methods in the social sciences.

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Reflections from the Edinburgh Legal Theory Group Past Convenors’ Colloquium

The Global Justice Academy recently sponsored the Edinburgh Legal Theory Group Past Convenors’ Colloquium in collaboration with the Edinburgh Legal Theory Research Group. In this blog post, Paul Burgess – a third year PhD candidate in the Edinburgh Law School and Co-Convenor of the Edinburgh Legal Theory Research Group – reports on the issues raised.

 

The Colloquium was well attended by staff and students from across The University of Edinburgh. This included several new PhD candidates who had only arrived in the university for the first time that week. Some participants and presenters had travelled from other parts of the world.

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Talking Human Trafficking and Modern Slavery in the Context of Migration Negotiations

Dr Kasey McCall-Smith, Chair of the Association of Human Rights Institutes and member of the Global Justice Academy, discusses Human Trafficking and Modern Slavery in the context of the UN Global Compact for Migration.

In a previous post, I gave general overview of the UN Global Compact for Migration and a brief analysis of the Migration Compact thematic discussions on the distinctions between human smuggling and human trafficking. This note considers modern slavery, a topic with which the University of Edinburgh is highly engaged through both academic projects as well as its Modern Slavery initiatives. Following on from the distinction between migrants smuggled into a state for the sole purpose of evading legal migration and individuals trafficked into (or within) a state for purposes of exploitation, the following will present key debates about modern slavery and human trafficking that are highly relevant to the conclusion of a comprehensive Migration Compact.

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Smuggling or Trafficking? Defining the Terms in the UN Migration Compact

Dr Kasey McCall-Smith, Chair of the Association of Human Rights Institutes and member of the Global Justice Academy, discusses recent steps towards a UN Global Compact for Migration. This is the first of two blogs from Dr McCall-Smith on the Migration Compact negotiations.

The next steps toward a UN Global Compact for Migration to combat the ever-growing legal and policy issues associated with mass and irregular migration were taken at the UN headquarters in Vienna, Austria, 4-5 September 2017. The Compact aims to deliver a comprehensive approach to human mobility as well as further clarification of and support for existing international frameworks addressing migration, refugees and trafficking, including the Refugee Convention and its Protocol, the UN Convention against Transnational Organized Crime (UNTOC), the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking in Persons Protocol) and the Protocol against the Smuggling of Migrants by Land, Sea and Air (Smuggling of Migrants Protocol), as well as a number of human rights instruments such as the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) the Convention on the Rights of the Child (CRC), among many others.

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What are the Politics of Sports Protests in Trump America?

The Global Justice Academy recently attended an event at the Academy of Sport with visiting professor, Professor Lucia Trimbur (City University of New York; John Jay College of Criminal Justice), on the politics of sports protests in Trump America. The event was part of a collaboration between the Edinburgh Social and Political Sports Research Forum, the Academy of Sport and Moray House School of Education and Sport. Our Communications Intern, Heather Milligan, reflects on the findings and implications of this event.

In her presentation, Professor Trimbur invited audiences to consider the commitment of athletes (and their fans) to political movements, particularly those resistant to the Trump administration and its policies. Trimbur examined sports players’ capacity to struggle against pervasive inequality by denying the status quo, and suggested that modern sporting environments can foster political debates and alliances that may otherwise be inconceivable – illustrating her case with three case studies of American sporting events from the past year. Of particular interest to the Global Justice Academy was the focus Trimbur’s examples had on tackling discrimination and racial violencegender justice and sexism.

Trimbur drew first on Colin Kaepernick’s repeated refusals to stand for the American national anthem before play, which Kaepernick himself explained as a protest against the oppression of ethnic minorities in the US and the country’s continued failure to address police brutality:

‘I am not going to stand up to show pride in a flag for a country that oppresses black people and people of colour […] To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder’. [NFL]

Rather than be complicit, Kaepernick instead acted to ally himself with, and provide a platform for, America’s oppressed – an act that inspired players of every level to join him in subsequent games across the country.

In being explicitly pro-American and pro-military, Kaepernick’s stance raised interesting questions about the place of patriotism in contemporary America. Rather than alienating or accusing proud Americans, Kaepernick encouraged them to question what the American flag truly represents: pointing to unification and equality at a time of wall-building isolationism. His protest was not an attack on America, but a plea to return to its core ideals; his drive towards dialogue as a means of improving the lived experience of Black Americans also served to posit inequality as the responsibility of all Americans.

Trimbur’s next case study was the USA Women’s Hockey team, who in March 2017 announced they would boycott the world championship, demanding equitable pay and better training conditions and support by the league. The team’s demands for women’s sport to be treated as seriously and professionally as men’s received massive media attention and support, until the pressure placed on USA Hockey was so great that the team were able to secure a four-year wage agreement, including the formation of a women’s high performance advisory team, as well as marketing and publicity. These clauses crucially aimed to protect and enable the future of girl’s and women’s hockey programming and funding, seeking a legacy far greater than one team’s pay rise.

In a similar vein, Tom Brady and numerous other players for the New England Patriots football team, having won the 2017 Super Bowl, announced that they would not make the customary travel arrangements to meet with the President, in protest of Trump’s gender politics and treatment of women. The Patriots’ demonstration reinforced the idea that challenging gender inequality is not just the responsibility of women activists, but of men too, and urged fellow players to actively use their platform and privilege to encourage change. The players aimed to provide alternative images of masculinity – ones that challenged, rather than enabled sexism and sexual assault – to combat the patriarchal domination of sports spaces, and players and fans alike encouraged traditionally misogynistic spaces like locker rooms to be rethought of as open public spaces for debate and discussion, in which all speakers can be held accountable. Once again, the protesters appealed to American family values and the importance of crafting a more equal world for future generations. In refusing to be associated with Trump and right-wing politics, the Patriots aimed to change the dominant narrative of misogyny, racism, lying and assault to one of inclusion, kindness and equality.

In light of this encouraging perspective on sports protests as presenting possibilities for progressive futures, the Global Justice Academy looks to the future of interdisciplinary collaborations that reach beyond the political sphere alone. It is the sporting element of these protests that made them so contentious, with many commenting on the potential inappropriateness of politicising sport – however, sport’s central place in American society makes it a crucial platform for dialogue. Provoked by such protests, discussions taking place in and around sporting environments were forced to confront the reality of institutional racism and gender inequality in the US. These protests utilised sports grounds to encourage communication and cooperation across race, class and gender divides.

A video podcast of Professor Trimbur’s talk has been provided by the Academy of Sport and is available at the following link: http://www.ed.ac.uk/education/institutes/spehs/academy-of-sport/dialogue/edinburgh-toronto-public-talks/what-are-the-politics-of-sports-protests-in-trump