Provisional Conference Program

CENTRE FOR CRIMINAL JUSTICE AND HUMAN RIGHTS THIRD ANNUAL POSTGRADUATE CONFERENCE University College Cork, April 30th, 2009 THE PROMISE OF LAW: POLITICAL CLAIMS AND THE BOUNDARIES OF JUSTICE Venue: Brookfield Health Sciences Building, University College Cork 8.30AM – 9AM: Registration 9.00AM – 9.45AM: Opening of conference by Dr. Ursula Kilkelly Keynote address by Professor Barbara Hudson, Lancashire Law School 10.00AM – 11.45AM: Session 1 A. Human Rights Principles Confronted with Political Expediency Chair: Dr. Fiona Donson Lawyers as Gatekeepers - how a powerful political claim can trespass the boundaries of justice Emma-Jane Williams, University College Cork Security as a Boundary of a Just Politics Christopher M.J. Boyd, Glasgow Graduate School of Law Judicial Torture Warrants: the Limits of Proposed Safeguards Rioghnach Murphy, University College Cork Tensions in the Pursuit of Equality of Representation - Judicial Review of Electoral Constituencies David Prendergast, Trinity College Dublin B. Perspectives on the Criminal Process Chair: Dr. Catherine O’Sullivan “Mutual Check” of Agencies in Chinese Criminal Procedure: A Suggestion of Remedies for Procedural Deficiencies in the Adversarial System Bo Yin, Aberdeen University Law School Dworkin and the Symbolic Function of the Trial Sinéad Ring, University College Cork Reconsidering the Decision to Prosecute after GE v DPP Ger Sadlier, Law Reform Commission Law, Political Expediency and the ‘Ex’ Offender

Margaret Fitzgerald, University College Cork C. Contemporary Discourses on Criminal Law [Part 1] Chair: Mr Seán Ó Conaill Criminal Responsibility and the Mentally Disordered Offender in Ireland: A Lot Done, More to Do? Louise Kennefick, University College Cork Beyond ‘Balance’: Achieving Fairness for Complainants and Defendants in Sexual Offences Legislation Susan Leahy, University College Cork Who is under a duty to act? - clarifying the status of criminal liability for omissions in Ireland Jane Mulcahy, Codification of the Criminal Law Advisory Committee The Eligilibility of Persons with Disabilties for Jury Service Charles O’Mahony, Centre for Disability Law and Policy D. Law and Disability Chair: Louise Crowley “The Inertia of Insanity”: Ireland and the UN Convention on the Rights of Persons with Disabilities Suzanne Doyle, University College Cork Housing and the right to independent living for people with disability in Ireland Noelin Fox, Centre for Disability Law and Policy, NUI Galway A Case for the Right to Advocacy in International Human Rights Law Eilionóir Flynn, University College Cork Segregated education for children with disabilities – solely a matter of expediency? Joyce Mortimer, Centre for Disability Law and Policy, NUI Galway E. Child Protection and Human Rights Chair: Dr. Ursula Kilkelly The Intersecting Forces of Globalization and International Protection of the Rights of the Child in the Context of Intercountry Adoption Bríd Nic Suibhne, Law Reform Commission International Obligations for Adequate Child Protection Mechanisms Kieran Walsh, University College Cork Child Sexual Abuse and the Criminal Law (Sexual Offences) Act 2006 Lydia Buckley, University College Cork

11.45AM – 12.00PM: tea and coffee 12.00PM – 1.45PM: Session 2 F. Contemporary Discourses on Criminal Law [Part 2] Chair: Sinéad Ring Neuroscience and the Criminal Justice System: Three Stories, Three Lessons John Danaher, University College Cork Who Dares to Question the Jury? : Empirical Jury Research and the Law in Ireland Mark Coen Ireland: A Representative Jury? Sinéad Heffernan, University College Cork Youth Justice and Sentencing: the Impact of Perceived Public Opinion Emer Meehan, University College Cork G. Civil Liberties, Technology and State Security Claims Chair: Dorothy Appelbe Autonomy, Privacy and the Symbiotic Web Paul Bernal, London School of Economics A Human Rights Analysis of the 2007 Criminal Justice (Forensic Sampling and Evidence) Bill David O’Dwyer, Centre for Criminal Justice, University of Limerick H. The Use of Force in International Law Chair: Dr. Siobhan Wills The Right to Resist – Does it Exist? Shannonbrooke Murphy, Irish Centre for Human Rights, NUI Galway Are the Laws of War adequate and appropriate for dealing with the problems that arise in 21st conflicts: Issues relating to the Protection of Civilians and their Property in the Conduct of Hostilities Grace Mulvey, University College Cork Human Rights, Regulations, Soldiers and the law Michael Martin, University College Cork 'Peace in Our Time:' British Diplomacy, the Failure to Prevent the Second World War and Lessons for Today Jonathan Murphy, History Department, University College Cork I. Law at the Fault-line of Paternalism, Autonomy and Consent Chair: Professor Maeve McDonagh

A Child’s Right to Refuse Consent to Medical Treatment: the Human Rights Considerations Stephanie Corry, Trinity College Dublin Paternalism versus Autonomy: How to achieve a balance? Caitriona Moloney, Law Reform Commission Bodies – The Exhibition: an analysis under international human rights law Eadoín O’Brien, Irish Centre for Human Rights, NUI Galway Domestic Violence, Sex Work, and Feminist Legal Discourses Manvi Priya, University of Warwick and Zoheb Hossain, University of Oxford J. International Criminal Law Chair: Dr. Siobhan Mullally Should the State bear the responsibility of imposing sanctions on its citizens who as witnesses commit crimes before the ICC? Sylvia Ngane, University of Leeds The Implementation of the Statute of the International Criminal Court into Irish Law: A Political, Legislative and Comparative Account Tara Smith, Irish Centre for Human Rights, NUI Galway The International Criminal Court: An Armless and Legless Giant? A Case Study Rachel Kemp, Law Reform Commission Searching for the Elusive ‘Disciplined Limits’ to the Tense Relationship between the Progressive Development of International Criminal Law and Nullum Crimen Sine Lege Christopher Ryan, Irish Centre for Human Rights, NUI Galway 1.45PM – 2.30PM: Lunch 2.45PM – 4.00PM: Session 3 K. Citizenship, Sovereignty and Security Chair: Dr. Maria Cahill Sovereign within, sovereign without Kryss Macleod, University of the West of Scotland Border Control, Citizenship and Liberal Democracy Tendayi Bloom, University of London Suspect Communities: Tracing the Concept of Loyalty in Counter-terrorism Law Máiréad Enright, University College Cork and Colin Murray, Newcastle University The Immigration, Residence and Protection Bill 2008: Human Rights Implications

Alan Desmond, University College Cork L. Marriage, Sexuality and Human Rights Chair: Dr. Conor O’Mahony The Protection and Promotion of Sexual Orientation and Gender Identity-Related Rights: Developments and Denials within Europe and the United Nations Joshua Tyler Dillard, Queen’s University Belfast Legal Consideration of Same Sex Marriages in Uganda: A Perception of the Ugandan Legal Regimes Governing Marriage Patrick Muwanguzi, Centre for Technology, Law, Ethics and Society, King's College London, ‘Not Thinking Straight’ Jackie Mullins, Department of Applied Social Sciences, University College Cork M. International Law in the Post-conflict Context Chair: Aoife O’Donoghue Substitution? Completion? The relationship between truth-seeking, community reconciliation and prosecution in Timor Leste Stefanie Heinrich, Irish Centre for Human Rights, NUI Galway Human Rights Boundaries to Transformative Occupation? Susan Rose Power, Trinity College Dublin Making States ‘Willing and Able’: Sanctioning Violations of IHL in the Domestic Sphere and Alternatives to the ICC Andrea Breslin, Irish Centre for Human Rights, NUI Galway N. International Law, Human Rights and Development Policy Chair: Dr. Olufemi Amao The Enforcement of Bilateral Investment Treaties: the Effect on Political Policy Making and Human Rights in Developing Countries Margaret Devaney, Law Reform Commission Climate Change; Global Problem – International Solution John McNally, University College Cork Does International law addresses the concerns of indigenous peoples in the development discourse? Vidyaranya Chakravarthy, Centre for the Study of Globalisation and Regionalisation, University of Warwick Men versus Man: The Politics of Avoiding Human Rights Kasey Lowe, University of Edinburgh

4.00PM – 4.30PM: tea and coffee 4.30PM – 5.15PM: Closing address, Maleiha Malik, Reader in Law, King’s College London 5.30PM Cheese and wine reception, Staff Common Room, sponsored by LexisNexis