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The Advocate is an online
publication produced by
the Queen Mary Pro Bono
Society. We are a team of
passionate and dedicated
students who seek to
share the voices of our
fellow students.
We aim to encourage
students to engage with
current legal affairs and
issues and express their
opinions on them.
We hope you enjoy
reading our publications.
The failure of the Female Genital Mutilation Act 2003 in protecting vulnerable
young girls in the UK
Zoe Chen p.3
The Distant Future: Robot Lawyers are coming
Sarah Asher p.5
The rise of Neuroethology
Daryl Old p.8
The Balance Between State Immunity and Accountability for Serious Human
Rights Violations
Marlene Ramon Hernandez p.10
Constitutionalism: An Islamic Perspective
Balqis Azhar p.14
Unelected, Unreflective and Undemocratic: Is the world’s second largest
legislative body in need of serious reform?
Alvi Sattar p.18
The Transformation of the British Party System: Building Blocks for Electoral
Reform in the House of Commons
Marta Del Barrio Gomez p.21
New Members in the United Nations Security Council
Daryl Old p.28
Welcome to Paradise City
Residents include Bono, Prince Charles and Her Majesty the Queen
Sarah Asher p.30
THE ADVOCATE NOVEMBER 2017
*
Views expressed in this publication are expressed purely in a personal capacity. The author(s) of each article appearing in this publication is/are solely responsible for the content thereof; the publication of an article shall not constitute or be deemed to constitute any representation by the editors of The Advocate that the data presented therein are correct or sufficient to support the conclusions reached. Authors are responsible for their citing of sources and the accuracy of their references. The editors cannot be held responsible for any lacks or possible violations of third parties’ rights.
Our Team:
Maria Carolina Centeno
LLB Law and Politics
Chief Editor
Frida P. Hoffmann LLB English and European Law
Sub-Editor and Writer
Marta Del Barrio Gomez LLB Law and Politics
Layout Editor
Writer
Alvi Sattar LLB Senior Status
Writer
Daryl Old LLB English and European Law
Writer
Marlene Ramon Hernandez LLB Law and Politics
Writer
Sarah Asher LLB with Global Law
Writer
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 3
The Failure of the Female
Genital Mutilation Act 2003 in
Protecting Vulnerable Young
Girls
Zoe Chen
Female Genital Mutilation (FGM) is a
global violation of human rights of women
and children. According to the World
Health Organisation, FGM is defined as ‘all
procedures that involve partial or total
removal of the external female genitalia,
or other injury to the female genital
organs for non-medical reasons.’ The
procedure dates back to the ancient times
and was practised regularly in England
until 1860’s, today it affects more than
200 million girls and women, and is
practised in 30 countries in Africa, the
Middle East and Asia1. The UN has
estimated that 3 million girls are cut
annually in Africa alone.
The practice of FGM represents the
archaic and deep-rooted gender
inequality that still permeates the gender
roles on a global scale. The practice is
performed due to an array of social and
cultural reasons, this includes the belief
that it will reduce a women’s sexual
pleasure, and is a necessary requirement
in preparing a female for marriage.
Over the years, however, there has been
an international effort to prevent such
practices from occurring. The UN
1 Female Genital Mutilation/Cutting: A Global
Concern, UNICEF, New York, 2016
unanimously voted to work towards the
eradication of FGM on a global scale. It’s a
violation of human rights that implicates
female’s health, security, emotional and
physical integrity. Some girls suffer
tremendous pain or even death, and
childbirth is made even more difficult due
to the scar tissue that forms after the
cutting.
Further development includes the passing
of laws against FGM in 15 African
countries. Guinea had passed a law in the
1960s which prohibits FGM and under
Article 265 of the Penal Code, the penalty
for FGM would be a life sentence at hard
labour. However, despite the passing of
laws protecting females from cutting, no
case relating to FGM has ever gone to
court, and 97 percent of women and girls
aged 15 to 49 years in Guinea have
undergone cutting2. The cutting is seen as
a rite of passage, and it appears that an
international denunciation against such a
tradition had only seemed to strengthen
the practice.
FGM in the UK
Whilst FGM is a cultural practice
dominating Africa and parts of Asia, it also
occurs in the UK. Due to the lax laws
governing FGM in the UK, the rate of FGM
has increased. In England and Wales,
more than 24,000 girls are at risk and
more than 66,000 women are living with
2 Female Genital Mutilation/Cutting: A statistical
overview of exploration of the dynamics of change, New York, July 2013
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 4
the consequences of FGM3. Although
female mutilation has been prohibited in
the UK since 1985 when the Prohibition of
Female Circumcision Act was introduced,
migrants from practising countries still
perform the cutting here by taking their
female counterparts from their home
countries to the UK for it to be performed.
The Female Genital Mutilation Act 2003
repealed and re-enacted the provisions
set out in the 1985 Act. Changes include
14 years imprisonment as the maximum
penalty for FGM4 and made it a criminal
offence for UK nationals to perform the
practice overseas or take a UK national
overseas to have the procedure
performed.
Moreover, section 73 of the Serious Crime
Act 2015 also amended the Female
Genital Mutilation Act to include FGM
protection orders. Breach of an FGM
protection order is a criminal offence
carrying a sentence of up to 5 years in
prison5.
Why have domestic laws governing FGM
failed?
The survivors of FGM are most commonly
disempowered and vulnerable girls with
little knowledge, resources or confidence
to make a formal complaint to the police.
Mutilated and groomed when young, they
may fear rejection from their family
3 Alison Macfarlane, Prevalence of Female Genital
Mutilation in England and Wales: National and local estimates, 2015, 5 4 Female Genital Mutilation Act 2003, s.5(1)(a)
5 Serious Crime Act 2015, s.75(4)(5)
and/or communities if they were to speak
out. The mutilated children are also
unlikely to testify against parents or
relatives for fear of losing their family or
being rejected from their community.
It would be difficult to obtain witnesses to
testify against the defendant, these are
generally family members who had
witnessed the cutting and believe that
FGM is beneficial to the family’s social and
economic prospects. It they were to
testify, there is also a possibility of being
exiled and ostracised from their
community.
Another implication would be responsible
adults having no criminal propensity; they
are more likely to be caring parents with
no indication that they have the capacity
to commit a serious offence. This would
be difficult to build a case against the
responsible adults when there is a lack of
circumstantial evidence.
Solutions: what can we do about this?
The most effective solution to reduce the
rate of FGM is through grass-root projects
and education. By initiating dialogue
among communities who practice FGM, it
would break the taboo by discussing
cutting but also raising awareness of the
health implications that ensue from the
cutting.
Instead of imposing the western
denunciation on the practice (which could
lead to a defensive backlash in order to
preserve a deep-rooted tradition),
initiatives could be introduced for the sole
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 5
purpose of educating and informing
communities of the health risks involved
with FGM. The females are able to
preserve their autonomy and make a well-
informed decision whilst having a non-
judgemental discussion of human right
and health issues.
Another solution to encourage survivors
to make a formal complaint would be to
provide specialist support services that
cater to the girl’s medical, physical and
psychological needs. This may encourage
young female survivors to come forward,
knowing there are resources to support
them. There should also be procedures
set in place in order to protect the
witnesses (e.g. pre-recorded testimony
and witness anonymity) so they can testify
without the fear of community backlash
and ostracism.
In regards to prosecuting individuals
and/or communities that perform FGM in
the UK, the CPS has explored whether it is
possible to prosecute the responsible
adults for child abuse under other
legislation, specifically section 5 Domestic
Violence, Crime and Victims Act 2004. This
would create an offence if the defendant
caused or allowed a child or vulnerable
person to suffer serious physical injury or
die.
Granted, there is legislation in the UK
prohibiting FGM but there have also been
no convictions since its enforcement.
Whilst the UK recognises the perverse
practice of FGM happening in its country,
it must take proactive steps to eliminate
FGM. Both globally and nationally, there is
still great progress that needs to be made
in order to pave way for a world where
female sexual autonomy can be freely
exercised. The UK must honour its
international obligation. The UN had
unanimously voted to work towards its
eradication and the UK must follow its
international duties and take the
necessary steps to succeed in this aim to
empower and protect women.
The Distant Future
The Robot Lawyers are coming
Sarah Asher
Introduction – ‘Do the Robot’
As 21st century students, we enjoy the
benefits of a society improved by
technological advancements. Our notes
are taken on laptops, our lectures are
recorded, and even our essays can be
submitted from the safety of our
bedrooms. However, with these
advancements comes the inevitable
question about how far we go to improve
efficiency? Law firms are the latest to join
the ranks of the industries looking to
improve their productivity by introducing
artificial intelligence; an introduction that
on the surface appears to risk the tasks
that form the fundamentals of an aspiring
lawyer’s day. As the distant future now
becomes a reality, annual Christmas
parties may become even more awkward
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 6
when exclamations of ‘do the robot’ are
not just regarding dance moves.
The Development of AI – ‘From Shakey to
Siri’
The integration of services and tools
deemed as artificial intelligence into
society has been realised through the
contributions of a variety of different
people and influences over hundreds of
years. Early examples of replacing human
intelligence by that of machines or
artificial systems include things like the
first calculating machine in as early as
1642, and later Alan Turing’s ‘Turing Test’
in 1950. Recent developments have only
been more exponential in growth with the
establishment of the internet and more
sophisticated computer systems. The
obvious advantage of artificial intelligence
systems is that they are theoretically
capable of functioning and performing
tasks without reliance on a human
counter-part. The implications of this for
any industry is massive.
The first successful commercial
intelligence system, known as RI and
which was used by the Digital Equipment
Corporation, was estimated to have saved
the company $40m USD a year by 1986.
These achievements are still relatively
tame regarding today’s standards, where
AI is used in Billion-dollar industries, such
as Google and Apple, who have and
continue to introduce functions in all their
products that incorporate elements of
artificial intelligence. Just as Siri! The vice-
president of Google’s engineering and
artificial intelligence sectors, Anna
Patterson, has stated that: ‘AI is turning
science fiction into non-fiction, but some
of its most meaningful applications
haven’t been imagined yet.’ Therefore
suggesting, we are only just beginning to
see the benefits of a society that uses AI.
How Firms are using Artificial Intelligence
The science fiction representations of AI
are not all positive, however. One of the
film industries favourite tropes is to
imagine a future culture overly reliant on
computers to the detriment of skill-
networks, or the dramatic representation
of a murderous robotic uprising. But the
reality is not so bleak. AI provides an
effective boost to productivity, and
therefore theoretically improves a
company’s capacity to earn. Hence, Law
firms are now taking advantage of legal
AIs to insure their employees are using
these innovative techniques to approach
law. A recent competition was held in
London in October, which saw 100
lawyers face off against a relatively new
program called Case Cruncher Alpha. The
aim of the competition was to see which
of the two parties was more accurate in
determining the results of PPI claim cases
based off only a handful of facts. The
computer system won by a majority of an
86.6% accuracy rate compared to 66.3%
for the human lawyers. The results of the
competition show an interesting example
of one of technologies Law firms may be
inclined to use as more services become
available, and tailored to the profession.
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 7
One such program is that used by
Slaughter & May, is ‘Luminance’. The AI is
tasked with reading and understating legal
documents, namely contracts, to find
significant information and any anomalies.
The astounding factor of this technology is
that it is perfectly capable of being used
without any prior customisation to the
firm, and effectively opens the time of the
lawyer to focus on other important tasks.
This approach is contrary to how law firms
have run their services in the past, with
most firms running a model of lower level
employees/trainee lawyers being
responsible with these types of routine
tasks, and only a few higher partners
overseeing the whole outfit. Does this
then risk the careers of aspiring lawyers,
who are effectively seeing their workload
and potential shrunk by a computer?
Law Students and Trainees: ‘Meet
Eugene Goostman’
A report published by the Deloitte has
stated that at least 114,000 jobs in the
legal sector will be automated in the next
20 years. This is an alarming fact for any
student of law, graduate and future
trainee, who is already aware of the
limited number of positions available in
top firms. Professor Richard Susskind,
author of ‘Tomorrows Lawyers’, speaking
at the Law Society’s annual law
management conference in 2016 believes
that law students need to be taking
realistic approaches to their studies and
consider undertaking the law, not as an
ode to television favourites such Suits, but
rather attempt to get ahead now by
adapting to artificial intelligence: ‘If you
are fixed on how we are working, then
don’t go into law. Start preparing now.
We as a profession have about five years
to reinvent ourselves to move from being
world-class legal advisers to world-class
legal technologists.’
The other avenue that is being explored
by aspiring law students and lawyers alike
is to join the tech start-ups themselves.
This is growing trend and one that is
exemplified in the masterminds of Case
Cruncher Alpha, who are four law
students from Cambridge University. By
getting ahead of the trend, and being a
part of the establishment of AI in law,
those that wish to have a career in law
can make themselves invaluable in an
industry that is always looking for ways to
promote innovation and prove they can
perform for clients.
Conclusion
The role of the lawyer in the modern
setting is changing. Law firms are
introducing new technologies to develop
their practices to stay relevant in a
century that relies on the ability to have
information at the touch of a button. The
fear that these artificial systems and
technologies will replace the everyday
lawyer is real, and as seen in other
industries i.e. media, construction and
manufacturing etc, a concept that is not
unheard of. As the law industry reinvents
itself, it may be time to start thinking how
its students can also do so, as it is no
longer viable to depend on the traditional
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 8
routine of legal work. Instead, it is up to
the future of law, its students, to shape
how this path will look in the long-run.
Bibliography
Dean Sonderegger, ‘Artificial Intelligence:
An Historic Perspective’ (Above the Law,
24 October 2017)
<https://abovethelaw.com/2017/10/artifi
cial-intelligence-an-historic-perspective/ >
accessed 8 November 2017
Rory Cellan-Jones, ‘The robot layers are
here – and they are winning.’ The BBC
News (London, 1 November 2017)
<http://www.bbc.co.uk/news/technology-
41829534> accessed 8 November 2017
John Hyde, ‘Susskind: ‘you have five years
to reinvent the legal profession.’ The Law
Society Gazette (27 April 2016)
<https://www.lawgazette.co.uk/law/sussk
ind-you-have-five-years-to-reinvent-the-
legal-profession/5054990.article>
accessed 9 November 2017
Google.ai <https://ai.google/> accessed 8
November 2017
BBC, ‘AI: 15 key moments in the story of
artificial intelligence.’
<http://www.bbc.co.uk/timelines/zq376fr
> accessed 8 November
Deloitte, ‘The case for disruptive
technology in the legal profession.’
<https://www2.deloitte.com/uk/en/pages
/financial-advisory/articles/the-case-for-
disruptive-technology-in-the-legal-
profession.html> accessed 9 November
2017
The Rise of Neuroethology
Daryl Old
With technology ever evolving, it is crucial
that legal systems of the world do the
same. A particular emphasis should be put
on cybercrime. A 2016 study by Europol
predicts that by 2019, the cost of
cybercrime will be $2 trillion USD. This
puts profound burdens on both public and
private actors, with cybercrime being up
38% than the year before. The Global Risk
Report has also stated this importance by
including cyber-attacks in their top five
global risks.
Technology has the ability to greatly
improve our lives and can be used for an
untold number of human difficulties.
However, with this great power comes
grave danger. Assistive robots, of which
there are more than 500 systems6 with
direct applicability to the elderly,
especially in relation to dementia, all have
the ability to be hacked. This poses
serious ethical and legal problems, as
despite their clear use for good these
devices, upon being hacked, could have
serious consequences for their user, due
to multiple vulnerabilities they possess
such as weak frameworks and
authentication issues. Other issues arise
vis-à-vis wearable devices, such as
smartwatches. Many sources suggest that
6 Lenca et al. 2017, J Alzheimers Dis
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 9
these could be hacked for things such as
the location data of the user.
The rise of pervasive technologies will also
bring more problems for their users. For
example, electroencephalography devices,
or EEG’s. These brain-computer devices
pick up electrical signals from the brain
and convert them into raw data. Despite
this type of device being used in the
medical landscape for years, more and
more are being produced for the
consumer market, potentially multiplying
the risks. This type of device produces its
own unique problems such as “brain
spyware” issues, which allows third
parties to extract raw data directly from
EEG recordings and use it to guess things
such as the 1st digit of the victim’s PIN
code, with great accuracy7.
“Neurohacking” is also possible against
the device, whereby a third-party gains
access to the user’s neural information,
allowing them to manipulate or even
delete thoughts.
Despite much of this sounding futuristic
and inviable, much of this technology
exists today and are vulnerable to
hacking, with risks only increasing over
time. This is why legislators must act on
these risks now before it is too late. It
must, however, be stressed that it is not
all bad. These technologies can and must
be used for good. For example, “neuro-
marketing” enables companies to find
effective marketing strategies by allowing
7 Martinovic et al (2012) found that the chance of
success compared to random guessing of the first digit of the PIN code was 15-40%.
users to simply view different campaigns
and by recording their response to these,
eliminate the need to ask questions, on
which they might provide invalid results. It
can also be used to enhance national
security, by being able to effectively
interrogate suspected criminals or
terrorists, without the risk of endangering
human rights (such as the right to liberty),
by not detaining those which are clearly
innocent.
Therefore, there is obviously a need for
the law to regulate positive neuro-
technological uses and those which are
malicious. The implications of these
devices understandably raise legal
questions as to privacy, whereby they
pose an unprecedented degree of control
over thoughts, intentions, memories and
moods. Also to human autonomy, as
limited control of brain signals changes
the standard of consent, having various
implications for both criminal and non-
criminal activities such as sporting,
contractual engagement (waiver forms)
and sexual activity, meaning that
traditional principles do not apply.
The question then arises as to how we can
prevent these abuses. The first obvious
point to note is that the technologies
must be regulated in their design to
contain certain safeguards. Such
safeguards may include but are not
limited to “anonymizers”, which ensure
that all data that leaves the headset is
anonymous and filtering systems which,
instead of harvesting raw data, only
harvest that which is necessary for the
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 10
specific function. Criminal and civil law
must also play a part, redefining the
conditions for ownership of one’s own
brain data, and creating sanctions for
those who abuse it. Ideally, this would
need global co-operation from
governments and international
organisations across the world, as unlike
most traditional crimes, this can be done
remotely from any territory, potentially
depriving the government whose
nationals who have been targeted, of
jurisdiction.
Then there is the issue of human rights.
Do the current human rights laid down in
most constitutions and international
conventions provide adequate protection
for these abuses or do new rights need to
be created? It is clear that, for example,
the right to privacy could be interpreted
to accommodate data of the brain, but
are these enough to ensure effective
protection. New rights such as the “right
to mental privacy” derived from, but
distinct from, the traditional right to
privacy would allow protection from
unconsented intrusions from third parties
and the unauthorised collection of brain
data. However, then we must ask whether
this would be an absolute or a relative
right? Paul Wolpe thinks the former,
submitting that “*the+ skull should be
designated as a domain of absolute
privacy” and that “we should not permit
*intrusion+ with a court order” however it
is clear that if we are going to allow the
intrusion of brain data, we must too put it
to good use. Other rights such as the
“right to mental integrity” and the “right
to psychological continuity”, meaning the
protection from unconsented personality
changes, could also be possible candidates
for these new rights, but it must not be
forgotten that we then risk the possibility
of rights inflation.
Legal thought in this area is clearly more
important than ever, and this brings with
it a pressing need for governments and
legislators to engage in the debate as well.
With the internet already reducing our
privacy in an unprecedented manner, the
mind truly is the last bastion of freedom.
It is therefore of paramount importance
to realise the advantage technology
brings, but also to do so without
compromising our privacy as autonomous
human beings.
The Balance Between State
Immunity and Accountability
for Serious Human Rights
Violations
Marlene Ramon Hernandez
This will explore state immunity in civil
proceedings and state official immunity in
criminal proceedings in order to
determine whether an appropriate
balance is struck between immunity and
accountability for serious human rights
violations, namely jus cogens norms. The
view supported here is that an
appropriate balance is not maintained
where state immunity is applicable, yet
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 11
the balance is achieved regarding state
official immunity. State immunity
precludes effective access to justice and
limits redress, thus severely limiting
accountability. In state official immunity,
ratione personae and ratione materiae
work differently; this achieves a balance
as the latter is not entitled to immunity,
thereby compensating for the former’s
immunity. Throughout the analysis,
arguments pertaining to both sides shall
be presented.
Proponents of State immunity argue that
immunity and violation jus cogens norms
do not conflict as the former addresses
the procedural whereas the latter refers
to the substantive. This was echoed in
Jurisdictional Immunities of the State
(Germany v Italy), (hereinafter G v I);
‘…whether a State is entitled to immunity
before the courts of another State is a
question entirely separate from whether
the international responsibility of that
State is engaged…’. This means that
declaring immunity does not render the
act lawful, rather, ‘it is a declaration by
the judicial authority that it is not the
appropriate forum for pronouncing on the
legality or illegality of the act’. In practice
though, declaring immunity incites
legality.
Jus cogens norms represent certain values
and interests common to all. They affect
the international community and the
violation of these norms threatens peace,
security and world order. This justifies
their peremptory status in international
law. Immunity undermines such superior
laws, and the resulting ethical
consequences render the procedural-
substantive dissection artificial.
Alternatively, it could be said that the
European Court of Human Rights (ECtHR)
has attempted to strike an appropriate
balance by considering the pursuance of a
legitimate aim and proportionality to
justify the restriction on the right of
access to justice. This was seen in the Al-
Adsani case -where justice was poorly
administered at a domestic level. This
departs from the scientific approach
employed by the ICJ in G v I which was
heavily oriented towards the discovery of
state practice. Conclusively, the ECtHR
found for the State, effectively leading to
a ‘blanket application of immunity’. The
Court weighed up the competing rights
poorly and applied very concrete concepts
to International Relations, which is
inherently vague. The inappropriate
method and poor analysis have set
precedent potentially detrimental to
future victims.
It has been argued that the G v I case has
ultimately excluded the possibility of
denying State immunity in civil
proceedings. This essay heavily criticises
the Court’s judgement for being anti-
progressive and employing a stringent
scientific approach. By focusing on state
practice, the court has unnecessarily tied
its hands. As Judge Cançado Trindade
asserts in his dissenting opinion, the Court
did not look beyond the law, namely the
moral and ethical consequences which
necessarily arise in these disputes. He
claims that State immunities cannot be
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 12
observed in a vacuum as human rights are
inevitably part of the equation.
Consequently, by limiting itself to the law,
the court has denied justice to victims and
blocked potential progress in human
rights law.
Although the Court in G v I assured that
immunity did not exclude the right to
make reparations, the opportunity for
redress is limited. Firstly, Germany was
refusing to make reparations, highlighting
the general unwillingness for countries to
provide alternative forms redress.
Secondly, in cases where reparations are
made, it is doubtful that this will provide a
satisfactory remedy for those who have,
for instance, been subject to torture. This
places those involved in a perpetual state
of victimhood. Alternative forms of
redress could potentially endorse an
appropriate balance between immunity
and accountability. The State is meant to
look after individuals; what is seen
instead, is States using their power to
overcome responsibility. This underlines
the power-struggle embedded in
international law, which ultimately
questions its usefulness in asserting
justice.
The essay shall now turn to State Official
immunity. This type of immunity is
separated into ratione personae and
ratione materiae. The former applies to
immunity attached to certain state
officials as a result of their office or status.
This is limited to senior officials such as
Heads of State. The latter presents a
weaker form of immunity, which operates
during acts performed by state officials in
the exercise of their functions. Therefore,
once their official functions cease,
immunity is revoked from them.
The Pinochet case confirmed that ratione
materiae immunity is rejected in criminal
proceedings concerning serious violations
of human rights. The view taken here is
that the principle deriving from Pinochet
partly compensates for conceding ratione
personae immunity.
In Pinochet, the former leader of Chile was
prosecuted for breaching the 1984 United
Nations Convention against Torture and
Other Cruel, Inhuman or Degrading
Treatment. Not prosecuting him would
have negated the object and purpose of
the Treaty, which is not permitted under
international law. There was thus a duty
to prosecute. This line of reasoning can be
transmitted to future individuals violating
jus cogens norms. Additionally, Arthur
Watts submitted that it would be
‘unrealistic and offensive to common
notions of justice’ to attribute
responsibility to the State and not the
individual who ordered it. This is certainly
true as Pinochet was a dictator seeking to
eliminate anyone threatening his ideology
and so, must be treated separately from
the State. Conclusively, a solid argument is
provided for international law striking an
appropriate balance between state official
immunity and accountability.
The rationale for ratione personae
immunity favours its support. The
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 13
particular role Senior Officials play in
representing the state abroad, whilst
carrying out important affairs requires
immunity. It permits them to exercise
international relations smoothly.
Moreover, our increasingly globalised
world demands such immunity as
effective communication between States
is endorsed, leading to a system of
peaceful cooperation and co-existence.
The lack of immunity could deter officials
from going abroad and require them to be
a lot more cautious. This would be
counterproductive. It could be said that
the “free-pass” they are given could lead
to abuse on their behalf, yet it is unlikely
this would unfold as it would harm their
reputation.
Issues arising in this context concern the
abandonment or halting of proceedings
due to lack of evidence, death, or absence
of the accused. This shows genuine
complications in engaging in proceedings
from a logistic point of view. When the
backbone of a successful claim is absent,
prosecuting becomes practically
impossible. This points to an
inappropriate balance. Another persisting
problem is the general reluctance to
prosecute ratione materiae officials. For
instance, in France, prosecutors omitted
from initiating proceedings against US
Secretary of Defense Donald Rumsfeld on
charges of torture. Germany also halted
prosecutions towards Rumsfeld and the
former Chinese president Jiang Zemin.
In practice, most prosecutions have
tended to target junior officials. Again a
power-struggle is identified, this time
between high-ranking officials and those
with a more junior status.
In light of these difficulties, it is perhaps
more appropriate to suggest that the
dichotomy is something we must settle
for. The threshold of accountability may
be relatively weak, yet it is better than
having no form of accountability at all.
To conclude, the conferral of State
immunity undermines jus cogens norms
and precludes the victim’s access to
justice. Despite efforts by the ECtHR to
weigh up the interests of both sides, its
application of concrete terms to
international relations has been
detrimental to those who have endured
atrocities. The G v I case confirmed that
the ICJ cannot be relied upon to rule in
favour of jus cogens norms. This illustrates
an anti-progressive attitude in the Court,
and at an international level for it is a
position that most States endorse.
Accordingly, the international law fails to
strike an appropriate balance in this
domain. Regarding state official immunity,
international law provides acceptable
means of achieving a balance, through
strong rationales and logical reasoning.
Nonetheless, the problems encountered
point to a weak form of accountability and
an imbalance when it comes to
prosecuting. Finally, international law
operates in a way that favours the strong
over the weak, this is an underlying
problem with state and state official
immunity. International law is
characterised as a forum for cooperation,
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 14
but in reality, the powerful will always
win.
Bibliography
CASES
Al-Adsani v United Kingdom [2002] 34
EHRR 273
Jurisdictional Immunities of the State
(Germany v Italy) [2012] ICGJ 434, para 95
Jones v Saudi Arabia [2006] UKHL 26, para
24
R v Bow Street Metropolitan Stipendiary
Magistrate, Ex parte Pinochet Ugarte
[1998] UKHL 41
JOURNAL ARTICLES
Akande Dapo and Shah Sangeeta,
‘Immunities of State Officials,
International Crimes and Foreign
Domestic Courts’ (2011) 21(4) EJIL 815-
852, 818
Akande Dapo and Shah Sangeeta,
‘Immunities of State Officials,
International Crimes and Foreign
Domestic Courts’ (2011) 22 EJIL 851-861,
860
Alberstadt Rachel, ‘Judge Cançado
Trindade’s Dissent in Germany v Italy’
https://www.academia.edu/6266171/Jud
ge_Cançado_Trindade_s_Dissent_in_Ger
many_v_Italy accessed
McGregor Lorna, ‘State Immunity and
Human Rights: Is there a Future After
Germany v Italy?’ (2012) 11 (1) J Int.
Criminal Justice 125-145, 140
Watts Arthur, ‘The Legal Position in
International Law of Heads of States,
Heads of Governments and Foreign
Ministers’ (1994) 247 RCADI III 82-84, 84
REPORT
The Redress Trust, ‘Considering the
Relationship between State Immunity and
Accountability for Torture and Other
Serious International Crimes’ (The Redress
Trust 2005), 28
http://www.redress.org/downloads/publi
cations/Immunity_v_Accountability.pdf
accessed 16th July 2017
BRIEFING PAPER
Foakes Joanne, “Immunity for
International Crimes?” (2011) Chatham
House, 11
https://www.chathamhouse.org/sites/file
s/chathamhouse/public/Research/Interna
tional%20Law/bp1111_foakes.pdf
Constitutionalism: An Islamic
Perspective
Balqis Azhar
Constitutionalism is a doctrine that a
government’s authority is determined by a
body of laws or constitution.
Constitutionalism has always been related to
the separation of powers, human rights, rule
of law, prevention of arbitrariness by the
rulers against individual rights and democracy.
In Islam, the concept is not alien neither it is
foreign to the political thought in the religion
itself. Given the lack of attention to
discussions of Islamic Constitutionalism, this
article seeks to give an overview of public law
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 15
and political thought related to the Muslim
World.
Islamic Law (Shari’ah): An Overview
Islamic constitutionalism revolves around
Qur’an and Sunnah as the basic sources of
derivation of the law, with other sources are
recognised in Islamic jurisprudence such as
consensus (ijma’), reasoning by analogy
(Qiyas) and ‘urf (custom). In the Sunni school
of Islam, the school of law are divided into
four different madhhabs (school of law),
mainly Shafi’I, Hanafi, Maliki and Hanbali.
Shariah protects the individual in the sense
that it protects the rights of God (huquq Allah)
and the rights of the servants of God (huquq
al-‘ibad), the two conceptions working in
reciprocal and mutual.
Human Rights and Islamic Constitutionalism
One of the most important concepts found in
Islam is the concept of ‘ummah’, transcending
the nationalities of the modern nation-state, a
concept that foreign to European world today.
It was found in the later development of
Islamic political thought, which came after the
Prophet’s emigration to Madinah after 13
years of revelation. The notion of ‘ummah’ is
a theological and political concept, and when
there is a clash of interest, the public interests
shall prevail over the individual. However,
despite Islam focuses on the interests of
plurality, it only comes to a certain extent –
the extent to which the essential rights of the
individual are sacrosanct and shall not be
compromised. This is due to the fact that
Islam is a faith that is addressed to the
individual, and thus is a matter of belief and
state of mind that begins with the individual.
Objectives of shariah, often termed as
‘Maqasid Shariah’ is one of the main concepts
in protecting the fundamental rights of
individuals with its main focus largely based
on the protection of religion, life, intellect,
wealth and lineage.
Nation-State and Islam
The pre-modern Muslim was not entirely
similar to the modern Muslim World today.
Colonialism in most of the Muslim countries
has changed the landscape of nationalities,
borders and statehood. In the pre-modern
times, bureaucracy and state administration
were thin. It was restricted on matters related
to army of the rulers, tax collection and land
tenure8. Nationalities and immigration were
not documented and systematic as of today.
People were not registered at birth, they had
no citizenship status, hence they could move
freely from one place to another as there
were no passports, geographical fixations and
borders. In another word, a family from
Baghdad for example, could travel to Cairo
without applying for any visa or permission
from the ruler in order to settle down or
travel.
Islamic constitutionalism is never against the
nation-concept. Prophet Muhammad
established the first Arabian state in Madinah
and introduced the Constitution of Madinah
(sāhifah Madinah) as the law of the land to
bind everyone together, be it Muslim or
otherwise, and formed the fundamental
principles of a multi-religious Islamic state. As
Islam upholds the basic principles of good
government, equality, justice – such concepts
are expected to complement the governance
of nation-state. Meaning so, Islam and a
8Wael Hallaq, An Introduction To Islamic Law( 1
st
edn,Cambridge University Press, 2009)
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 16
nation-state can coexist, with the primacy of
‘ummah will only take place if there is a direct
clash between Islam and the nation-state.
This shall give the Muslim World a good
privilege, as opposed to Europe, where
excessive individualism takes place at the
expense of society. Fascism is widespread
among many of Western countries, as a result
of radical nationalism and no commonalities
of citizenship between all of the member
states in the European countries. However,
given the current situation today, the author
must express her disappointment over the
disunity among Muslim World, particularly
the Arab World. Saudi Arabia and Iran are
hardly to be persuaded to be one ‘ummah for
geopolitical reasons, and sectarian Sunni-Shia
conflict will be among many artificial reasons
for disunity hidden behind it many other
political and economic reasons.
An Islamic State?
One of the misconceptions of Islamic State is
always the extremists of ISIS being the image
of the ‘Islamic State’ fighters. An ‘Islamic
State’ will be imagined as a state that
practised barbaric laws such as hudud9 and no
democracy. In the Islamic constitutionalism,
there was no consensus on the concept of
‘Islamic State’ per se, but what has been
agreed was the concepts underpinning of an
Islamic State, which include justice,
consultation, consensus, equality,
9 For further reading, read Jonathan A.C Brown
“Stoning and Hand Cutting : Understanding the Hudud and the Shariah in Islam”, Yaqeen Institute for Islamic Research from https://1pjhft3ggnei4el40qfi16ch-wpengine.netdna-ssl.com/wp-content/uploads/2017/08/FINAL-Stoning-and-Hand-Cutting-Understanding-the-Hudud-and-Shariah-in-Islam-1.pdf accessed on 16th of November 2017.
accountability, leadership etc. Thus, in the
Islamic polity, the principles are essential to
be practised and conceptualised within the
constitutional text but it is not necessary to
establish a model of ‘Islamic State’ in the
inward framework of the nation-state.
Democracy is also not foreign to the Muslim
World, particularly in Muslim majority
countries in South East Asia in the likes of
Malaysia and Indonesia. Shura is the nearest
concept of democracy in Islamic
constitutionalism. It is a consultative,
participatory state as a whole, with
consultative assembly (majlis al-shura) – a
democracy. In another word, democracy is
possible to work within an Islamic State.
The government in Islam is seen as a civilian
rather than a religious institution. The
different historical context of European
modern liberal democracy and Islam’s way of
democracy must be highlighted here. The
Islamic conception of government, as I said is
not a religious institution to a point of being
theocratic but it still recognises the
metaphysical truth and the existence of God
as the highest authority by using His laws in
the governance of the state. In contrast to
European modern liberal democracy,
secularism has become the best option as a
result of Enlightenment philosophy causing a
hard line is drawn to separate religion(church)
and state.
Challenges
Despite the good objectives that Islamic
constitutionalism tries to bring, there are still
challenges in terms of practicability in the
post-modern world. First, In many of the
Muslim World countries today, constitutional
texts are less acceptable to another school of
thoughts given that they have adopted Islam
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 17
as the state religion with specific madhhab
(school of thought) as the official legal school
of the state. Legal pluralism is yet a work in
progress in post-colonial times where
constitutions were written and documented.
Moreover, the institutionalisation of religious
practices is perceived as a moral dictator
rather than facilitating the administration and
governance of society by way of Shariah. This
requires good religious education among
Muslims to understand and practice the
religion as a whole, and also for the people of
other faith in Muslim majority countries to
understand the objectives of Shariah viz.
Islamic constitutionalism.
In conclusion, Islamic law is initially developed
outside the context of nation-states as
compared to the Westphalian nation-state
whereby the legal system is created within
the context of the nation-state. What we have
seen today in Europe that the nation-states
concept is deeply entrenched amongst them
to the extent of the effort to create an
institution for Europe seems to crumble and
does not materialise. Islamic
constitutionalism, with four different schools
of thought (within the Sunni context) was able
to organise itself and achieved stability in the
Islamic history. What is needed today is a
concept transcending state borders for
Europe, and for the Muslim World, to remind
themselves both nationalism spirit and
‘ummatic concept should be parallel. If not,
we are facing global challenges of radical
nationalism and disunity albeit commonalities
that we shared together.
Bibliography
Azizah Y. al-Hibri, “Islamic Constitutionalism
and the Concept of Democracy” 24 Case
Western Reserve Journal of International Law
Issue 1 (1992)
Jonathan A.C Brown “Stoning and Hand
Cutting : Understanding the Hudud and the
Shariah in Islam”, Yaqeen Institute for Islamic
Research from
https://1pjhft3ggnei4el40qfi16ch-
wpengine.netdna-ssl.com/wp-
content/uploads/2017/08/FINAL-Stoning-and-
Hand-Cutting-Understanding-the-Hudud-and-
Shariah-in-Islam-1.pdf accessed on 16th of
November 2017.
Mohammad Hashim Kamali, Tengku Ahmad
Hazri, “Islam and Constitutionalism: Interview
by the Islamic Culture Foundation(FUNCI)”
from
http://iais.org.my/icr/index.php/icr/article/vie
wFile/492/454 accessed on 16th of November
2017
Raja Bahlul, “Islamic Perspectives on
Constitutionalism” from
http://www.juragentium.org/topics/islam/law
/en/bahlul.htm accessed on 16th of November
2017
Tengku Ahmad Hazri, “Islam, the Rule of Law
and Human Rights” 4 Islam and Civilisational
Renewal Issue 1, 149-152 (2013)
Tengku Ahmad Hazri, “Islam and
Constitutions” 8 Islam and Civilizational
Renewal Issue 2, 264-267 (2017)
7.Wael Hallaq, An Introduction To Islamic Law
(1st edn,Cambridge University Press, 2009)
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 18
Unelected, Unreflective and
Undemocratic: Is the world’s
second largest legislative body
in need of serious reform?
Alvi Sattar
The House of Lords has made headlines
recently as a result of a report published
by the Electoral Reform Society. Darren
Hughes, the chief executive, has criticised
“Britain’s broken upper house”,
suggesting that we have a “democratic
crisis in our second chamber”. The House
of Lords, in the minds of many, represents
an archaic relic of a burdensome national
history, replete with “couch potato peers”
as Hughes describes, and outdated rituals
involving the wearing of costumes and the
use of props. The formation of this image
is contributed to by the fact of its Peers
being unelected, and the demographic
constitution of the house, which fails to
represent the nation's population and the
elected House of Commons. Although the
trend in recent history has been the
reduction in the powers of the Upper
house, and the increased concentration of
legislative and executive power in the
government, institutions such as the ERS
claim that the unrepresentative and
unelected nature of the house means that
its current powers are still undeserved.
Possible reforms to the house could
include the introduction of the elections,
reduction in the overall size, and a
curtailing of the lifelong duration of
peerages.
The representation of age groups in the
Upper House
The coverage of the recent referendum on
the EU spent much time deliberating on
the disparities of political opinion
between age groups, and an awareness of
these differences lends gravity to worries
about the comparative ages of the Peers
constituting the House of Lords. If you
were among the 73% of the of the 18 to
24-year-olds who voted to stay in the EU,
as opposed to the 60% of 65+-year-olds
who voted to leave, you might be
concerned at the fact that House of Lords
enormously under-represents younger
demographics of the UK population, 84%
of its members being over 60, and only 4%
under 50 as of 2012. Given the spectrum
of political opinion, and often conflicting
interests of age-groups within the UK, the
need for a representative parliament
seems even more prescient, and in the
light of all these considerations the
lifelong duration of a peerage responsible
for the over-representation of the older
population seems outdated, and in
serious need of reconsideration.
The counter-consideration, however, is
the wealth of constitutional and practical
life experience held amongst elderly,
committed members, that would be lost if
the duration of peerages was to be
curtailed, or an age limit installed. The fact
that peers are older is often reflected of
the peers having had careers, which
affords them a degree of expertise, which
is useful to the legislative process,
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 19
especially in subjects that bills are
concerned with, such as housing or
commerce. The expertise of a Lord in a
particular subject due to having had a
career in, or continuing to have a career in
the related field however, can often lead
to a vested interest obfuscating the due
legislative process, in that a Peer who
owns a development company might, for
example, be inclined to vote against bills
that limit the right of developers to delay
building houses on lands until it becomes
the most profitable to do so. The ERS
would also take issue with such a view, in
that they are concerned by the fact that
34% of all peers are former MP’s and
politicians, and that trades other than law,
business and banking are not adequately
represented.
The unelected nature of the Upper House
Another criticism of the Lords is that it
does not proportionally represent the
make-up of the commons, which could
only occur if elections were held for the
Lords as commonly as they were with the
commons. Ironically, given that the idea of
qualifying for a place at parliament on the
basis of your ancestry seems entirely
archaic and undemocratic; the only
elected members of the House of Lords
are the 92 hereditary peers. The bloated,
over-sized nature of the house is made
even more irksome to opponents given its
unelected nature, which is why the ERS
deems the effect the Lords have on the
legislature to be undemocratic. Baroness
King, however, a Labour peer, described
the way in which legislation arriving at the
Lords from the other end of the building is
often “garbled”, and attributes this to the
“political-point scoring” that motivates
much of its content. You could argue
based on her description, and the way in
which we observe the effect of sometimes
harmful populist sentiment on the policies
of the government, that the Upper House
is in a sense protected by its unelected
nature from having to appeal to the
sometimes odious opinions help by
percentages of the voting population.
Theresa May and the conservative
government are often criticized for
adopting hard-line attitudes towards
Brexit and immigration, especially in the
lead up to the recent snap election, in
order to secure the confidence of voters
who might otherwise have voted for UKIP.
UKIP’s significant loss, from 12% to 1.8%
of the total vote in the recent elections
can be seen to reflect the success of May
and the conservative party in this regard.
Party Representation in the Upper House
The fact that as of March 2016,
conservatives comprised the largest
group, totalling 30.8% of all available
members, is problematic in that it
impedes some of the legislative duties of
the Upper House. An important function
of the House of Lords is to hold the
government to account. You could argue
that a tendency to adhere to the party
whip amongst a section of the peers, even
if they were to inwardly oppose a bill,
means that this function will only be
adequately performed whilst the majority
of the peers in the Lords are members of
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 20
the current opposition’s party. Darren
Hughes of ERS draws attention to the
problematic party loyalty of the MP’s,
saying that “the so-called ‘independent’
chamber is packed full of party loyalists”.
Part of the problem of the current state of
the commons not being reflected in the
Upper House is that the interests of
smaller parties are often under-
represented, and this poses a possible
democratic problem. It could however be
argued that this is an advantage in the
case of fringe parties with sometimes
extremist policies, who gain seats in the
commons, whilst a certain hot-button
issue dominates discussion in the public
sphere, only to lose them in the next
election once the issue has passed from
the public conscience. In that sense, it
might be better if the House of Lords is
protected from having to induct members
of these parties for a lifelong peerage,
even once the relevance of party has
dissipated. Again, an example can be
found in UKIP, in that once their party aim
of achieving “independence” from the EU
had been completed, the party’s
relevance dwindled, and they might likely
as a result not regain any presence in the
commons. This suggests that if we were to
introduce elections, it would have to
occur at the cost of the lifelong peerage.
Are Reforms required, and If so, then to
what extent?
The question of reform in the light of all
these considerations seems far more
complicated than you might initially
imagine. Although it seems as though we
can reasonably say that the Upper House
is in need of reform, it is hard to say
exactly what the extent of those reforms
should be. Although the representation of
younger demographics is undoubtedly an
important concern, the benefits of an
introduction of limitations of duration to
peerages needs to be balanced against
the risk of losing important older
members of bodies that protect our
constitutional integrity, such as the
Constitution Committee. The introduction
of elections might also affect the integrity
and sincerity of peers, who might vote
against bills knowing that it would gain
the favour of populist groups, although
one might argue the sincerity of voting
has already been corrupted by the
adherence of peers to the party whip.
Similarly, the implementation of size-
reduction might be beneficial, if it was
done in a way that would ensure
members committed to their position, and
who contribute greatly would not be
unduly removed from their positions. The
solution seems to be a well-drafted bill
that weighs all these considerations
carefully, taking well-founded public
concerns into account. If such a bill were
to pass through the houses, it might
motivate even the “couch-potato peers”,
as Hughes calls them, to earn their
expense allowance by participating in the
legislative process.
Bibliography
http://researchbriefings.parliament.uk/Re
searchBriefing/Summary/LLN-2016-
0017#fullreport
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 21
http://www.bbc.co.uk/news/magazine-
36619342
http://www.independent.co.uk/news/uk/
politics/house-of-lords-cost-expenses-
money-taxpayer-parliament-
a8055126.html
https://www.electoral-
reform.org.uk/campaigns/elected-house-
of-lords/
http://www.bbc.co.uk/news/election/201
7/results
http://www.bbc.co.uk/news/election/201
5/results
A. Le Sueur, M. Sunkin, J. Murkens, Public
Law: Text, Cases and Materials 3rd edn
(Oxford University Press 2016)
“Meet the Lords” episode 1, first aired on
the 27th of February 2017 by the BB
The Transformation of the
British Party System:
Building Blocks for Electoral Reform
in the House of Commons
Marta Gomez
The House of Commons’ electoral system
today continues to be the historic first
past the post system (FPTP). Many
associations, such as the electoral reform
society, have criticised this system and
advocated for years for a shift to a
proportional representation system.
These criticisms are based on the fact that
the current system is not working. In two
of the three last general elections there
has been a hung parliament leading to a
coalition government, a situation which
the FPTP system had been designed to
prevent by favouring strong majorities to
avoid instability. In addition, proportional
representation, the alternative system
which critics of FPTP advocate for,
appears to be more advantageous and
democratic since it provides an accurate
representation of the preferences of the
whole of a country’s population. These
claims for formal reform are based on
Duverger’s law that the electoral system is
place will determine the party system:
“simple-majority single-ballot system
favours the two-party system” (1954:217).
However, this perspective has been
widely criticised for presenting incorrectly
how a country’s party system and
electoral system interrelate. Duverger’s
detractors believe that in fact electoral
reform only occurs as a response to the
already existing change in the party
system of that country (Colomer, 2005).
The disjuncture in the British electoral
system between the electoral and the
parliamentary arenas has led to confusion
and disagreement over Britain’s party
system (Quinn, 2013:398), as despite the
change in electoral results the
parliamentary outcomes continue to be
the same. The “remain flickers of life in
the two-party system” can be explained
by the simple plurality electoral system
acting “as an artificial life support
machine” protecting the Conservatives
and the Labour Party (Lynch, 2007:323)
and creating a distorting effect as to the
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 22
real state of the British party system.
Through the assessment of the academic
literature concerning the issue of electoral
reform, and a closer look to the results of
recent general elections it can be
established that despite the lack of
electoral reform, the British party system
has undergone a profound transformation
which can potentially lead to future
reform.
Duverger argues that the different
characteristics of each electoral system
explains the existence of different party
systems. In plurality or simple-majority
party systems only the party with the
most votes will win the seat disputed in
each district or constituency, and all the
other casted votes for alternative parties
will not be considered in the overall
distribution of parliamentary seats. This
inevitably forces parties with similar
ideologies to regroup their forces due to
the fear of being overwhelmingly
defeated, creating two major blocs due to
the systematic repression of third parties.
The way in which parties react to the
electoral system is just the mechanical
factor. Duverger claims that the fusion
and elimination of political parties in
plurality systems “is itself the result of two
factors working together: a mechanical
and a psychological factor” (Duverger,
1954: 224). The psychological factor refers
to the effect that the electoral system has
on the voters rather than on the parties.
Even if there were more than two parties
which voters could vote for, the bulk of
the votes would still be concentrated on
two main blocs as voters will not waste
their votes on third parties which have no
real possibility of winning a seat.
Contrastingly, in systems of proportional
representation this fear is not experience,
as although your party may not win the
overall majority of votes in any region that
does not preclude it from being present in
the legislative body. The votes received in
all of the country are accumulated and the
number of seats received by each party is
proportional to the portion of the votes
obtained. Therefore, different groups,
despite having similar ideologies, are not
forced to join forces; and voters will vote
without the fear their votes not being
represented. Therefore, it is more likely
that there will be a larger number of
political parties represented in the
legislative body of a country with a
proportional representation system, than
in the legislative body of plurality systems.
In addition to determining which party
system corresponds with each electoral
system, Duverger’s theories also seem to
suggest that these configurations are
fixed. Without a reform in the electoral
system there will not be a change in the
party system as the mechanical and
psychological factors will always come
into play.
This theory, although accepted by many,
has been criticised ever since Duverger
published his work. Even its supporters
recognized certain flaws in Duverger’s
work. William Riker stated that “it is not at
all easy to straighten out the ambiguity in
*Duverger’s+ statement of the relationship
between electoral systems and the
number of parties.” (Riker, 1982:754) The
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 23
fact that Duverger uses the word ‘favours’
in his law creates uncertainty as to
whether a plurality system is a necessary
requirement of a two-party system or not;
“the claim that the relation is ‘a
sociological law’ suggests causality or a
necessary and sufficient condition,
whereas the use of ‘favours’ suggests the
relationship is at best probabilistic, not
deterministic” (Riker, 1982: 754). It must
be noted that criticism towards
Duverger’s work are not precluded solely
to the semantics of his formulation. In
fact, the most damaging criticisms to this
theory are those based around
contemporary counterexamples. India,
which has a plurality system, has around
150 active political parties; a similar thing
has happened in Canada, where there has
been an outbreak of regionalist party
politics. Cox explains this by claiming that
Duverger’s laws only apply at constituency
level. The factors propelling the
emergence of more parties does not have
anything to do with the political system,
but rather with how nationalised or
regionalised party politics are in each
country. Britain could have as many as
1292(646x2) active political parties; thus,
the shift from a two-party system to a
multi-party system can happen despite
there not being a previous reform of the
electoral system.
In addition to challenging the assertion
that only two parties can emerge in a
plurality system, Duverger’s work has also
been criticised on the basis that he
misunderstood the relationship between
electoral systems and party systems.
Duverger himself admitted that the first
effect of proportionality is to maintain an
already existing multiplicity (1954:344);
after all, from a historical narrative
perspective it can be concluded that
“chronologically, as well as logically, the
party system is prior to the electoral
system” (Lipson, 1964:343). Grumm
(1958) and Colomer argue that
proportional representation is the result
rather than the cause of a multi-party
system. Electoral systems consolidate
already existing political party
configurations, rather than creating new
ones. This proposition does not attempt
to deny the premise on which Duverger’s
work is based, but rather it attempts to
present a logical explanation as to why a
certain electoral system is established
instead of a different one. Colomer claims
that it is the political parties and the
political actors the one that chose the
electoral system and push reforms
forward to put themselves in a better
position after there has been a shift in
electoral behaviour or if coordination and
cooperation among different factions of a
major political party fails leading to
defeats and underrepresentation. He
postulates that “the large will prefer the
small and the small will prefer the large”
(Colomer, 2005:3), meaning that as long
as the two-large conflicting ideological
blocs are maintained as the party system,
small district magnitudes and small quotas
of votes for allocating seats will play in
their favour; whereas small parties will
prefer large district magnitudes and large
quotas, like those of proportional
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 24
representation, able to include them.
Thus, it is true that a plurality system
incentivises two-party systems and
proportional representation multi-
partyism; however, precisely because of
this, political actors manipulate the
electoral system to favour them,
therefore at any given time due to a shift
in the party system the electoral system
will be reformed.
The current situation in Britain, a country
in which despite the recent attempt
towards moderate electoral reform in
2011 continues to operate under a
plurality system, supports the argument
of Josep Colomer, since reform in the
party system has preceded that of the
electoral system. In 1950 election over
90% of the British voters voted
Conservative of Labour, whiles in 2015 the
Conservatives and Labour only obtained
67.3% of the votes. In the light of this
results it is quite difficult to uphold the
view that Britain continues to be a two-
party system. Thus, if Colomer is right and
what modifies a country’s party system is
the change in the electoral behaviour this
could mean that electoral reform in the
UK is on its way.
The change in British electoral behaviour
can be explained by the increase in
partisan dealignment. Dunleavy
(2005:510) explains that the process of
partisan dealignment in Britain
encompasses four changes: the continued
detachment of party supporters from
traditional class and social location; the
increase in political issues which fall
outside the traditional left-right spectrum;
the repositioning of the two major parties;
and the increasing disillusionment of the
British voters with the two main political
parties. Partisan dealignment has been a
process which has happened slowly but
steadily during the last fifty years.
However, it has only recently started to be
discussed about because the British
Electoral Study during the 1980s and
1990s, was dominated by a group of
“electoral orthodoxy fundamentalists”
(Dunleavy, 2005:510) which denied the
evidences that pointed to a process of
class dealignment. It was only recognized
after the 1992 Black Wednesday when
this process could no longer be denied. In
2001 the BES reported that although,
four-fifths of the voters did identify
themselves with one of the three major
political parties; only two-fifths of the
voters were actual stable partisans of the
party they identified with (Dunlevy,
2005:511). The high percentage of party
identification can be explained by the fact
that the myth of party identification had
not been denied yet, as party
identification had been central in
orthodox voting studies. There is a great
difference between what people think
and what they do, hence although British
voters may claim to identify themselves
with a certain political party, as that is
what they were led to, their actions do
not seem to support that claim. Butler and
Stokes (1974:36) mystical account of how
British electoral behaviour works by using
the analogy of s ‘hero’ in explaining how
the British public identifies with a political
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 25
party, is quite far-fetched, but
nonetheless is a good representation of
the misconceptions around British
electoral behaviour.
The main reason behind partisan
dealignment would be the emergence of
new political and ideological cleavages
which cut across traditional left and right
and socio-economic differences, such as
materialism vs post-materialism, sub-state
nationalism vs unionism, or European
integrations vs national sovereignty
(Inglehart, 1990). Party dealignment
explains the swings in votes and the low
electoral turnout as a way of expressing
dissatisfaction with the main parties.
However, new parties such as UKIP, SNP
or the Greens, have emerged not only due
to increasing dissatisfaction among voters,
but because the traditional parties have
been unable to tackle these new issues,
opening the door for these new parties to
step in. The main two cleavages have
been those relating to devolution and the
European Union.
The nationalist vs unionist cleavage, has
led to the formation of numerous political
parties: SNP, DUP, Plaid Cymru, Sinn Fein,
UUP and SDLP. These parties play an
influential role mainly in their respective
devolved assemblies; but although it may
seem as their agendas and policies are
limited to a regional level, the power of
these new parties must not be
underestimated. The SNP received 3% of
the votes in the last general elections and
35 seats in the House of Commons, whiles
the Liberal Democrats only obtained 4
seats for 7.4% of the vote. However,
subnational elections are also significant
when assessing the relation of electoral
reform and the British party system
because lections for devolved assemblies
currently use a system of proportional
representation, rather than the traditional
plurality system used for Westminster
elections. These elections provide a true
reflection of how the party system would
look like if the British general elections
system was changed to a proportional
one. We can see that the multi-patryism
would consolidate. In Scotland, the
coalitions and minority governments have
been common; as well as in Wales. It
must be noted that in Norther Ireland
governments must be formed in coalition
to ensure cooperation between the
unionist and nationalists; because of this
we must be cautious when using the
experiences in Northern Ireland as it is an
anomalous system; however, the fact that
there are more than simply two distinct
blocs, the unionist vs the nationalist,
supports the argument that Britain is
turning away from a two-party system.
The fact that systems of proportional
representation are used only at
subnational or supranational level has
meant that the shift in the outcome of
those election to a multi-party system has
been disregarded, because they are
perceived as ‘second order election’.
They are regarded as less relevant and
influential to public policy, hence the low
turnout and lower support for the main
parties. Because they are regarded as less
important people think that the difference
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 26
in outcome in comparison to general
election can be explained due to the
different state of mind of voters. It has
been put forward the theory that voters
use these elections as a way of punishing
the main parties, and therefore in times of
general elections voters go back to
supporting the main parties, as although
they may be discontent their support to
the party has not actually changed.
However, the supposedly low turnout in
these elections is not in fact that low, as
although in the case of Scotland, for
example, turnout did decrease from 71%
in 1997 in the general election to 59% for
the first Scottish Parliament, it must be
noted that that the turnout for the
subsequent general election went down
by 1% in comparison to the 1999 Scottish
Parliament election. The 1997 election
was an anomaly, and if you compare the
levels of turnout in subsequent elections
that difference in turnouts does not
happen again. Therefore, the argument
that sub-national elections are perceived
as second-class election does not sustain
itself and it seems to be just “a
crystallisation of the electoral studies
orthodoxy’s prejudice” (Dunleavy,
2005:519). In addition to this, it must also
be noted that the alternative political
parties still retain much of the votes in
general election as it is the case with the
SNP.
The second cleavage which has dominated
the political debates the last years and
which major parties have not been able to
deal with has been the European
integration vs the national sovereignty.
This cleavage has created internal
divisions among major parties and it has
led to the consolidation of UKIP, a minor
party. In the 2014 elections for the
European Parliament UKIP received 27.5%
of the votes, whiles the Labour Party only
received 25.4% and the Conservatives
23.9%. Similarly, in the 2015 general
election, although UKIP did not receive
more votes than Labour and the
Conservatives, it received an astonishing
12.6% of the votes, putting UKIP clearly in
front the Liberal Democrats, the
traditional third party. After the Brexit
referendum, the future of UKIP seems
uncertain. In the 2017 elections UKIP lost
its only seat in the House of commons;
however, even if UKIP loses support, the
impact that its rise has had on the current
British party system cannot be undone.
Despite the rise in support for alternative
parties the Labour and the Conservative
parties continue to win most the seats.
This happens not because the support
received by alternative parties is
insignificant, but because the current
electoral system plays in favour of the
major parties. In 2015 the Conservative
party won 50.9% of the seats in the House
of Commons, although it had only
received 36.9% of the votes; and the
Labour party obtained 35.7% of the seats
whiles only winning 30.4% of the votes. In
the case of the Liberal Democrats and
UKIP they won 7.9% and 12.6% of the
votes, whiles only receiving 1.2% and 0.2%
of the seats respectively. However, if we
focus on the electoral results, rather than
on the parliamentary results, it is obvious
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 27
that we can no longer talk of a two-party
system; especially if we look at the figures
of Colomer’s research table in which he
compares the effective number of parties
(ENP) of different countries before and
after they underwent electoral reform.
(Colomer, 2005:20).
Overall, despite the disjuncture between
the electoral and parliamentary results it
is clear that the British party system has
already changed. Although, many
‘electoral orthodoxy fundamentalists’ may
still claim that “the established party
system has not changed, but it has been
fragmented not overturned” (Heffernan,
2003:121), the fact that without electoral
reform the mechanical and psychological
factors have not prevented the
emergence and endurance of alternative
political parties is a strong sign that
Duverger’s theory is wrong. The fact that
the need for coalitions has returned after
the 2015 Conservative majority; and that
for the first time the parties with the
largest number of seats in each of the four
British nations are different: the
Conservatives in Westminster, Labour in
Wales, the SNP in Scotland, and DUP in
Norther Ireland; and the fact that there
are four ENP indicates that the two-party
system is history in the UK. This state of
affairs will inevitably lead to reform in the
electoral system since the current system,
which has remained unchanged despite
the change in electoral behaviour, will
continue to provide unsatisfactory results.
Bibliography:
Butler, D., Stokes, D. (1974)‘ Political
Change in Britain.’ Macmillan.
Colomer, J. M. (2005) ‘It's Parties that
Choose Electoral Systems (or Duverger's
Law Upside Down).’ Political Studies, Vol
53, pp.1–2.
Cox, A. (1997) ‘Making Voters Count:
Strategic Coordination in the World’s
Electoral System.’ Cambridge: Cambridge
University Press.
Dunleavy, P. (2005) ‘Facing Up to Multi-
Party Politics: How Partisan Dealignment
and PR Voting Have Fundamentally
Changed Britain’s Party Systems.’
Parliamentary Affairs Vol 58, No.3,
pp.503-532).
Duverger, M. (1954) ‘Political Parties: their
organization and activity in the modern
state.’ New York: Wiley, Science Ed.
Garland, J., Terry, C. (2015) ‘The 2015
General Election - A Voting System in
Crisis.’ Electoral Reform Society
Grumm, J. (1958) ‘Theories of electoral
systems.’ Mid-west Journal of Political
Science, Vol 2, pp.357-76
Heffernan, R. (2003) ‘Political Parties and
the Party System.’ Ch.7 in Dunleavy, P.,
Gamble, A., Heffernan, R., Peele, G. (eds),
Development in British Politics 7, Palgrave-
Macmillan
Inglehart, R. (1990) ‘From Class-Based to
Value-Based Politics’, in P. Mair (ed.) The
West European Party System, Oxford:
Oxford University Press, pp. 266–282.
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 28
Lipson, L. (1964) ‘The Democratic
Civilization.’ New York: Oxford University
Press.
Lynch, P. (2007) ‘Party System Change in
Britain: Multi-Party Politics in a Multi-
Level Polity.’ British Politics, Vol2, pp. 323-
346
Riker, W. H. (1982) ‘The Two-party System
and Duverger's Law: An Essay on the
History of Political Science.’ The American
Political Science Review, Vol 76, No. 4, pp.
753-766
Quinn, T. (2013) ‘From Two-Partism to
Alternating Predominance: The Changing
UK Party System, 1950–2010.’ Political
Studies, Vol 61 pp. 378–400
New Members in the United
Nations Security Council
Daryl Old
The United Nations Security Council
(UNSC), the post-war world’s answer to
maintaining international peace and
security. These are at least the aims of the
council, as enshrined in the UN charter. It
is composed of a total of 15 members, 5
of these permanent members holding a
veto power over resolutions adopted. At
the San Francisco conference, which is
widely hailed for the UN’s genesis, it was
decided that the United States, China, the
Soviet Union and the United Kingdom
would lead the new international order.
With the addition of France, these five
states would be given the power of veto in
the Security Council. However, we live in a
very different world now from when the
Council was created in 1945, and due to
this, whether the Council should be
reshuffled, giving permanent member
status to other major states.
Countries that tend to be thought as of
having a potential spot on the Council are;
Germany, Brazil, India and Japan. These
countries have strong economies, large
land mass and in some cases huge
populations. The problem faced by this
group, sometimes referred to as the G4, is
that Article 108 of the Charter states that
two-thirds of the General Assembly (GA),
including all permanent members must
consent to new ascensions. Although each
of these countries may have allies in the
security council, it is clear that there are
other members of both the UNSC and the
GA that may be opposed to the expansion
of permanent members, as illustrated by
Italy, Mexico and Egypt in their “Uniting
for Consensus” initiative. The change of
constitution of the Security Council occurs
very infrequently, as to date, there has
only been one overall change. This
occurred with a 1965 General Assembly
resolution expanding the Council’s non-
permanent seats from 6 to 10, mainly to
promote confidence in the UN among its
new members following decolonisation.
The Case for Brazil
Ideally, the SC should have members in
each continent of the globe to ensure
threats to the peace do not break out in
any region, however, it is traditionally
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 29
neighbouring countries in direct
competition of these potential candidates
that oppose their ascension. Brazil has the
highest population, land mass and GDP in
all of Latin America, so it is clearly the
dominant force. It has been elected 10
times for its non-permanent seat and has
contributed peace-keepers to a range of
efforts from Haiti to East Timor. It is the
7th biggest net contributor to the UN’s
budget, which is bigger than Russia, who
is a permanent member and therefore
clearly has an interest in greater powers
on the Council. Its case for permanent
membership is also backed by the US, UK,
France, Russia and a range of other non-
permanent members, showing a growing
consensus for this development.
The Case for Germany
Due to the circumstances around the
creation of the UNSC, it was clear from
the start Germany would not be a
permanent member. However, the world
has developed since the post-war period
and there is a growing consensus for
Germany to gain this status. Germany is a
major world economy with GDP nominal
outstretching the majority of permanent
members. It is the 4th biggest contributor
to the UN’s budget and has also
contributed more peacekeepers than all
permanent members but France, an
important measure considering it is the
UNSC tasked with
deployment/organisation of peacekeeping
missions. Its bid is also supported by many
major UN countries such as the UK, France
and Russia, however, the USA’s support
coming from the Clinton Administration
was removed by George W Bush.
The Case for India
India is probably the closest to gaining a
permanent seat on the Security Council
out of all discussed. This is due to the
backing of all permanent members,
including the Obama administration, and
China if it promises to not back Japans
ascension. India has the world’s second-
largest population and has contributed
significantly to UN peacekeeping
initiatives. This was one of the main
arguments made by Barak Obama in a
speech supporting India’s invitation. It has
the world’s 5th largest (by some sources)
GDP nominal, the third largest active army
and also possesses a nuclear arsenal.
From this, it is clear that India’s bid for a
permanent seat is something worth
consideration due to the possibility of
contribution if the use of force is required
and also the large consensus backing its
claim.
The Case for Japan
With a confident newly re-elected Prime
Minister Shinzo Abe, who is a keen
supporter of Japans ascension, and an
alternative, more western looking
perspective in the far east, the chances of
Japan joining the Security Council as a
permanent member does not look too
remote. The only problem is China. China
has frequently suggested it would veto
Japans attempt of joining and has
colluded with other members to try and
ensure this does not occur. Despite Abe’s
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 30
attempt at justifying why it deserves a
seat, from its track record on resolving
issues in Africa and the middle east to its
huge financial populations and its support
from major countries in the region and
the world, there are still some issues that
remain. Another factor against Japan
joining is their lack of legitimate power to
use their Self-Defence Force (SDF), despite
having a potent military, they are not
officially allowed to use this outside of
Japan and therefore allowing them to
have a say on the maintenance on
international peace and security would
seem somewhat perverse. What needs to
be said however is with Abe’s landslide
majority, allowing him to alter the
Japanese constitution, this military
covenant might just be altered, paving the
way for a very different international
outlook.
Despite there being a strong case for
those four countries, it is clear that they
are not alone. Africa, the second most
populous continent on the planet,
comprising of 54 states is totally excluded
from having a permanent seat on the
Council. There have been calls from the
African Group for permanent
representation of two rotating seats,
however to date, this has never been
achieved. Reform of the Security Council
is, therefore, clearly required and
certainly on the horizon; however, despite
these initiatives, the highly political
character of reform is likely to lead to
considerable challenges before they can
formally materialise.
Welcome to Paradise City
Residents include Bono, Prince
Charles and Her Majesty the Queen
Sarah Asher
Introduction – What are the Paradise
Papers?
Over the last few weeks, investigations
have been conducted into a massive
financial leak regarding the off-shore
dealings of several high net-worth
individuals, companies and politicians. The
leak has specifically revealed numerous
strategies used to dodge paying higher
taxes due to prosperous incomes and
holdings. Although using these types of
strategies are not illegal, they do pose
many questions about the fairness of
using off-shore jurisdictions to avoid tax.
This inequality comes at an even greater
emphasis, as revealed by the Paradise
Papers, that The Queen and institutions
such as Oxford University have been
complicit and benefited from their use.
With importance currently being put on
the need to strengthen the United
Kingdom’s economy, due to the
implications of leaving the EU, should
more be done to ensure that the upper
echelons of British industry and society
are made to pay their taxes?
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 31
Tax Havens, OFCs and the meaning of
Paradise
Off-shore financial centres (OFC) are the
establishments in off-shore jurisdictions
that companies and individuals can use to
avoid paying tax, by essentially moving
their money outside of the UK’s tax
regulations. Colloquially these systems of
financial manipulation are called tax
havens, and are often depicted in films as
being used by the villain to finance
dastardly plans. These locations are often
small islands, hence the moniker of
‘Paradise.’
One of the principal methods used to
facilitate tax avoidance through OFCs is
corporate profit shifting. This involves
companies registering their headquarters
in a low-tax authority, then recording its
profits in this location, rather than in the
country in which it does its dealings.
Recognizable examples of this include
Facebook, Google and Nike. The other
significant method utilized is where
individuals put some of their assets into
‘trust’ to be managed by third-parties in
these locations, with the ‘profits’ received
by nominated beneficiaries. The ‘profits’
received from this method are subject to
income tax, but not capital gains or
income tax on the actual investment. This
makes them a key advantage for
individuals that wish to keep more of the
income from their investments in their
own pocket.
Who is Involved? – The Leak and The Tax-
dodgers
The Paradise Papers are the world’s
second biggest data leak, with first having
come one year earlier in the publication of
the ‘Panama Papers’. Both leaks were
acquired by the German newspaper,
Süddeutsche Zeitung, who then shared
the data with the International
Consortium of Investigative Journalists.
This prompted collaborative investigations
from around 96 other media
organisations, including ‘The Guardian’
and ‘BBC News’. The revelations in the
current Paradise leaks have been touted
to be more prevalent than the past
exposés, as they disclose the details of an
offshore empire that far exceed initial
depictions of complexity and those
involved. Some of the more shocking
admissions have come in the form of
details about millions of pounds from The
Queen’s private estate having been
invested in previously undisclosed
offshore projects, Oxbridge universities
offshore investments, and many other
high profile British individuals.
Implications
The public and parliamentary reaction to
the leak of the Paradise Papers has been
very disapproving, and calls have been
made from across Europe and within
British society for stricter controls to be
put in place. An open letter from over 30
MEPs (Member of the European
Parliament) has been published, imploring
governments into finally acting and
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 32
provide legislative provisions to regulate
the use of OFCs. Notably, former prime
minister Gordon Brown has been one of
the more vocal members of British society
also calling for governments to form a
stricter stance when it comes to these
offshore jurisdictions. “First of all, they
have got to outlaw these tax havens, they
have got to threaten to sanction them,
they have got to punish them with,
potentially, arrest warrants in some cases
where people are breaking the law,” as
stated by Brown.
The condemnation of such financial
practices comes as a matter of morality
and fairness as the techniques used by
these groups and individuals are not
illegal. However, in the current welfare
economy of the UK where extensive cuts
are being made to institutions such as the
NHS which provides healthcare to the
public, it can be remarked that now more
than ever is when the tax of the wealthy
should be put to helping society as a
whole. The debate is one with far-
reaching roots that branches far beyond
the financial leaks of today, but is one that
needs to be addressed in the future to
promote a fair and transparent society.
David Cameron’s government began
making headway into the issue of tax
evasion with agreements within some of
the offshore jurisdictions to share and
exchange information, but little else was
done to make significant and binding rules
upon the practice
Conclusion
The leak of the Paradise Papers has
exposed a profoundly shadowy aspect of
British society that without the lack of
government intervention has been
allowed to become only more uninhibited
in its manipulation of finance. Tax
avoidance is a grey area regarding the law
surrounding it, but is extremely black and
white when it comes to the morality of its
use; the Papers clearly illustrate this
growing inequality and questionable
morality, with the emphasis persisting
that the elite are continuing to the take
advantage of an unbalanced system. The
Conservative election manifesto promised
a ‘vigorous action against tax avoidance
and evasion’; it could be suggested that
now is their opportunity to show it.
Bibliography:
Paradise Paper reporting team, ‘Paradise
Papers: Queen’s private estate invested
£10m in offshore sfunds,’ BBC News (UK,
6 November 2017)
<http://www.bbc.co.uk/news/uk-
41878305> accessed 11 November 2017
Ewen MacAskill and Hilary Osborne,
‘Britain criticised by MEPs for failing to
take action on tax havens,’ The Guardian
(London, 10 November 2017)
<https://www.theguardian.com/news/20
17/nov/10/britain-criticised-meps-action-
tax-havens-paradise-papers > accessed on
11 November 2017
Nick Hopkins, ‘Why we are shining a light
on the world of tax havens again,’ The
Guardian (London, 5 November 2017)
THE ADVOCATE NOVEMBER 2017
QUEEN MARY PRO BONO SOCIETY Page 33
<https://www.theguardian.com/news/20
17/nov/05/why-shining-light-world-tax-
havens-again-paradise-papers> accessed
11 November 2017
Ed Pilkington, ‘From Harvey Weinstein to
Shakira, the celebrities with offshore
interests,’ The Guardian (New York, 8
November 2017)
<https://www.theguardian.com/news/20
17/nov/08/harvey-weinstein-shakira-
martha-stewart-madonna-nicole-kidman-
offshorem > accessed 12 November 2017