Public Lectures from the Faculty of Law, University of Cambridge

Summary: This talk explains Sudan’s descent into a horrific war that is the world’s worst humanitarian crisis. The war has displaced over 11 million people, involved the targeting of civilians, including especially women, in mass violence, and precipitated a hunger crisis affecting over 24 million people, with over 630,000 currently facing famine. How, after a momentous civilian uprising in 2018-19 that toppled the dictator Omer el-Bashir after 30 years of authoritarian rule, did Sudan come to this? Unravelling the causes and events that led to tragedy begins with how counter-revolutionary actors within the State benefitted from the priorities of external peacemakers seeking to achieve a democratic transition in order to displace revolutionary forces, before carrying out a coup against that very transition. The war erupted when the counter-revolution itself unravelled, and its two primary bedfellows, the Sudan Armed Forces and the paramilitary Rapid Support Forces fell-out violently with each other in a struggle for power. With complex regional geopolitical entanglements and drawing in other armed groups in Sudan, their war to the bitter end has mixed cruel indifference and intentional harm towards civilians in devastating ways. Remarkably, the revolutionary spirit of the Sudanese has not been vanquished, and has found expression in how neighbourhood resistance committees have transformed into ‘emergency response rooms’ to deliver life-saving support. Sudan’s plight and prospects lie precariously within these intersecting trajectories.Sharath Srinivasan is David and Elaine Potter Professor of International Politics at the University of Cambridge and a Fellow of King's College, Cambridge. He is also Founding Director, and currently Co-Director, of the University of Cambridge's Centre of Governance and Human Rights (CGHR). Professor Srinivasan is a Fellow and Trustee of the Rift Valley Institute and a Trustee and Vice-President of the British Institute in Eastern Africa.Professor Srinivasan’s work focuses on contentious politics in Africa in global perspective, from explaining failed peace interventions in civil wars to rethinking democratic politics in a digital age. He is the author of When Peace Kills Politics: International Intervention and Unending Wars in the Sudans (Hurst/Oxford University Press, 2021) and co-editor of Making and Breaking Peace in Sudan and South Sudan: The Comprehensive Peace Agreement and Beyond (British Academy/Oxford University Press, 2020).Chair: Dr Juliana Santos de Carvalho, Centre Fellow

Lecture summary: Property is a fundamental legal institution governing the use of things: who may own what, how and why. Given that such questions extend to a wide range of natural resources essential to human well-being, such as food, water and shelter, then it is reasonable to assume that human rights should play an important role in shaping property rights discourse and practice. And yet this assumption is somewhat misplaced. The relationship between property and human rights and property remains relatively underdeveloped in both practice and academic literature, and virtually non-existent when we move to the maritime domain. In this paper, I explore and question the role that property and human rights can and should play in the maritime domain. I outline how such rights arise and are protected under human rights instruments, before exploring how they might inform the moral and legal distribution of resources. In particular, I focus on how we might balance individual rights and public interests that arise in respect of property, and how these are informed by the nature of the oceans as a commons.Richard Barnes is Professor of International Law at the University of Lincoln and Adjunct Professor of Law at the Norwegian Centre for the Law of the Sea, the University of Tromsø. His current research focuses on the human right to property, ocean commons, and the BBNJ Agreement. He is widely published in the fields of international law and law of the sea. Property Rights and Natural Resources (2009), won the SLS Birks Book Prize for Outstanding Legal Scholarship. He has edited several collections of essays including Research Handbook on Plastics Regulation (2024), Frontiers in International Environmental Law. Oceans and Climate (2021), Research Handbook on Climate Change, Oceans and Coasts (2020), and The United Nations Convention on the Law of the Sea: A Living Instrument (2016). Professor Barnes a member of the ILA Committee on the Protection of People at Sea. He has acted as a consultant for the WWF, Oceana, ClientEarth, the European Parliament, the UK Department for Environment, Food and Rural Affairs. He has also provided advice to foreign ministries. He has appeared numerous times before Parliamentary select committees on matters related to law of the sea, fisheries and Brexit. He is on the Editorial Board of International and Comparative Law Quarterly, the International Journal of Marine and Coastal Law, the New Zealand Yearbook of International Law, the German Yearbook of International Law, and the Portuguese Yearbook of the Law of the Sea. 

Panel: '(Non-)Defining 'Gender' in the Crimes Against Humanity Draft: Possibilities, Alliances, and Strategies'Feminist activists, country representatives, and other civil society actors have debated how to define “gender” in international criminal law (ICL) for at least three decades. In the Rome Conference that established the International Criminal Court (ICC) and its Statute in 1998, defining “gender” was a hotly debated topic of negotiation. More recently, this debate has resurfaced in the steps leading to the International Law Commission’s Draft Articles for a Crimes Against Humanity Treaty, and continues to be discussed in the deliberations at the Sixth Committee on the Draft Articles. The CAH Convention is now expected to be negotiated between 2026-2029, and, more than a mere point of contention, the concept of ‘gender’ in its text can be crucial for prosecuting sexual and gender-based international crimes and thus fundamental to gender justice efforts worldwide. With this in mind, this roundtable gathers scholars and activists studying and working (often simultaneously) on the definition of gender in international criminal law, in an effort to learn from their specific positionalities, perceptions, and experiences about the challenges, strategies, and possibilities for (non-)defining the term.https://www.lcil.cam.ac.uk/press/events/2025/02/panel-queering-gender-crimes-against-humanity-draft-possibilities-alliances-and-strategies

Sovereign debt crises have surged since the end of the Bretton Woods system and currently threaten a lost decade for many countries across the world. Indermit Gill, in the World Bank Group’s 2024 International Debt Report, describes the situation in many of the poorest countries as a ‘metastasising solvency crisis that continues to be misdiagnosed as a liquidity problem’. Despite their severe socioeconomic consequences, no comprehensive legal framework exists to address these crises—arguably the most significant gap in international economic law.This lecture, based on Dr Karina Patrício Ferreira Lima’s forthcoming book Governing Sovereign Debt Crises: The Case for International Sovereign Insolvency Law (Hart Publishing), makes the case for creating such a mechanism under international law. The book challenges prevailing narratives that attribute sovereign debt crises solely to debtor states’ mismanagement or misfortunes, instead arguing that sovereign insolvency is a systemic feature of the international monetary system. Current solutions—voluntary, ad hoc, and fragmented—fail to equitably allocate losses across an increasingly diversified sovereign creditor base, leaving many creditors worse off. At the same time, debtor states and their populations remain vulnerable to macroeconomic crises and enduring austerity, which often lead to long-term economic stagnation.The book adopts a legal political economy approach to illustrate how power asymmetries among stakeholders and the absence of enforceable rules perpetuate inefficiencies and inequities in resolving sovereign debt crises. Drawing on the legal theory of finance, insolvency law, and common resource governance theory, it illustrates how these governance failures result in a dual tragedy: a tragedy of the commons and a tragedy of the anticommons. The lecture will also examine the growing complexity of sovereign debt markets, including the diversification of creditor types, the erosion of ‘gentlemen’s agreements,’ and the limitations of initiatives like the Paris Club and the G20’s Common Framework for debt treatments. It concludes by arguing that only international sovereign insolvency rules can resolve the delays, inefficiencies, and inequities that plague sovereign debt restructuring, while exploring avenues for implementing such a proceeding and discussing the role of domestic law in a well-functioning international sovereign debt architecture.Dr Karina Patrício Ferreira Lima is a Senior Lecturer at the University of Leeds. Her research focuses on the intersection of law, finance, and sovereign debt within the broader context of global economic governance. Her research portfolio covers the legal governance of sovereign debt crises, the law and policy of international financial institutions, and the macroeconomic impact of financial law and regulation.Dr Patrício advises public entities, NGOs, and leading law firms on various aspects of financial and monetary law, including sovereign debt restructuring, financial regulation, and the governance of international financial institutions. Her work has been recognised with prestigious awards, including the 2022 Society of International Economic Law-Hart Prize and the 2022 John H. Jackson Prize, conferred by the Journal of International Economic Law. She also serves as a peer reviewer for top law and social sciences journals globally.

Oh Thursday 6th February 2025 Professor Campbell McLachlan KC delivered his 1973 Professor Inaugural Lecture: 'On the Interface between Public and Private International Law'.The lecture begins at 05:18Abstract: Our understanding of the operation of law beyond the nation State has been deeply shaped by two great disciplines: public and private international law. Yet surprisingly little systematic attention has been devoted to the relationship between the two. In his inaugural lecture as Professor of International Dispute Resolution in the University of Cambridge, McLachlan argues that the neglect of this interface is highly consequential for our understanding of law’s capacity to control the State and the corporation, which are, respectively, the principal holders of public/political and private/economic power in the world.Campbell McLachlan is elected as Professor of Law (1973) in the University of Cambridge and a Fellow of Trinity Hall. He took up his chair in July 2024, specialising in International Dispute Resolution. A New Zealander, his career has spanned scholarship and practice in private and public international law. His principal works include: Foreign Relations Law (CUP 2014), International Investment Arbitration: Substantive Principles (2nd ed, OUP 2017) and The Principle of Systemic Integration in International Law (2024). He is a Specialist Editor of Dicey, Morris & Collins on the Conflict of Laws. He gave the General Course at The Hague Academy of International Law in January 2024. He is a member of the Institut de Droit International and of the Permanent Court of Arbitration.Photographs of the event are available at: https://www.flickr.com/photos/cambridgelawfaculty/albums/72177720323668326

Speaker: Professor Orla Lynskey, University College London Abstract: The EU ‘digital empire’ seeks to align technological development to its rights and values by adopting and promoting a rights-driven model of technological regulation. Bradford’s influential characterisation of EU digital strategy is credible when one maps the array of legal ‘Acts’ applicable to data, digital markets, digital services and AI adopted by the EU in recent years, all of which are without prejudice to the EU data protection law. Yet, when one delves deeper, the EU’s commitment to rights-based regulation of the digital sphere is not iron-clad. Rather, as we demonstrate through an empirical analysis of the European Commission’s adequacy decisions over a quarter of a century (1999-2024), there are clear divergences amongst EU institutions about the balance to be struck between fundamental rights and economic interests. Such divergence suggest the EU might more accurately be characterised as an amalgamation of fiefdoms rather than an empire. This inter-institutional dynamic is relevant to the legitimacy of EU actions in the digital sphere and may foreshadow the future direction of EU data law.For more information see:https://www.cels.law.cam.ac.uk/weekly-seminar-series

Speaker: Professor Paul Deemer (Vanderbilt Law School)This lecture focuses on the development and project financing of large international infrastructure projects, and covers –What is “project finance” and what is not? How does a “project financing” differ from other types of financing?Why is project finance used on large infrastructure projects? What is “leverage,” and why is that important?What legal structures and documents are commonly used in project financings?Who are the participants in a project financing? What are their roles?What is the role of the lawyer? Why should a new lawyer be familiar with project finance?In discussing these issues, the speaker draws on his experience representing clients on projects in Europe, Asia, Africa and the Middle East.3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners.For more information see the Centre for Corporate and Commercial Law website:http://www.3cl.law.cam.ac.uk/

Speaker: Arman Sarvarian, University of SurreyDate: Friday Lunchtime Lecture: Friday 31 January 2025Dr Arman Sarvarian will speak about his forthcoming monograph The Law of State Succession: Principles and Practice to be published by Oxford University Press in April. The product of seven years’ labour of approximately 170,000 words, the work includes a foreword by Professor August Reinisch of the University of Vienna and International Law Commission. The following is the summary of Oxford University Press:'The Law of State Succession: Principles and Practice provides a comprehensive, practical, and empirical overview of the topic, establishing State succession as a distinct field with a cohesive set of rules.From the secession of the United States of America in 1784 to that of South Sudan in 2011, the book digests and analyses State practice spanning more than two centuries. It is based on research into a wide and diverse range of case studies, including archival and previously unpublished data. Reconstructing the intellectual foundation of the field, the book offers a vision for its progressive development - one that is rooted in an interpretation of State practice that transcends the politics of the codification projects in the decolonization and desovietization eras.The book examines international law on State succession with respect to territorial rights and obligations, State property (including archives) and debt, treaties, international claims and responsibility, as well as nationality and private property (including concessions and investments). Its central focus is identifying the general rules of international law in order to guide States in the negotiation of succession agreements, the interpretation of ambiguous or incomplete provisions, and the regulation of succession in default of specific agreement.A highly relevant work, The Law of State Succession offers governments, judges, legal practitioners, and scholars an authoritative account of the current law. It enables negotiators to identify different legal paths within succession and assists adjudicators in interpreting provisions of succession agreements and regulating questions omitted from such agreements.' The book is available for pre-order at the OUP website.Dr Arman Sarvarian a public international lawyer in academia and private practice. A Reader in Public International Law at the University of Surrey, he regularly acts as legal adviser and counsel to States, companies and individuals. He is counsel to the Republic of Côte d’Ivoire in the pending Obligations of States in respect of Climate Change advisory proceedings of the International Court of Justice and counsel in two pending investor-State arbitrations. Since 2019, he has served as legal adviser to the Republic of Armenia at the Legal Committee of the UN General Assembly for the annual reports of the International Law Commission and International Court of Justice as well as multilateral negotiations on reform of investor-State arbitration in Working Group III of the UN Commission on International Trade Law. He served as judge ad hoc in the Grand Chamber of the European Court of Human Rights in 2020.A generalist of broad interests and expertise, his first monograph Professional Ethics at the International Bar (Oxford University Press, International Courts and Tribunals Series, 19 September 2013) was the first comprehensive work on the subject and has been widely cited, including in proceedings before the International Tribunal for the Law of the Sea, investment arbitrations and the International Court of Justice. His second monograph The Law of State Succession: Principles and Practice will be published by Oxford University Press in April 2025. He is a Humboldt Research Fellow in Climate Change Law at the University of Kiel from 2024 to 2026. Chair: Dr Jamie Trinidad, Centre Fellow

Speaker: Professor Eva Micheler (LSE)Abstract: Reliance on agency-theoretic reasoning has led to substantial theoretical and empirical advances in company law scholarship, but the narrow focus on board-level actors and phenomena has disconnected the analysis of the company from the reality of the economic organisation it is meant to enable and support. We follow Oliver Williamson’s call for a ‘law, economics, and organization’ approach, and build on Elinor Ostrom’s ‘institutional analysis and development’ framework to propose a narrative model of the company in terms of nested levels of governance. We argue that our model works as a positive description of the law as it is, and puts us in a stronger position to evaluate the likely consequences of certain normative interventions, which we illustrate with some observations about ongoing debates in corporate governance.The paper is jointly written by David Gindis and Eva Micheler and can be found at Taylor and Francis Online.Eva Micheler studied law at the University of Vienna and at the University of Oxford before joining LSE Law School in 2001. She is a Professor of Law at the London School of Economics. Professor Micheler is also on the management committee of the Systemic Risk Centre at LSE. She was a TMR fellow at the Faculty of Law of the University of Oxford and teaches regularly at the University of Vienna and the Bucerius Law School in Hamburg.3CL runs the 3CL Travers Smith Lunchtime Seminar Series, featuring leading academics from the Faculty, and high-profile practitioners.For more information see the Centre for Corporate and Commercial Law website:http://www.3cl.law.cam.ac.uk/

Speaker: Gregory Fox, Wayne State UniversityDate: Friday Lunchtime Lecture - Friday 24 January 2025Summary: Does international law place any constraints on a possible Ukraine-Russia peace agreement? While we can only speculate about its contents, two aspects appear certain: Ukraine will be asked to relinquish (at a minimum) territory now occupied by Russia, and it will only contemplate entering into an agreement because Russia invaded its territory. Professor Fox will examine the implications of these and other factors for the validity of an agreement.Gregory H. Fox is a Professor of Law at Wayne State University School of Law, where he is the Director of the Program for International Legal Studies. Professor Fox is an elected member of the American Law Institute. He has been a Visiting Professor at the University of Michigan Law School and the Universidad Iberoamericana in Mexico City, a Visiting Fellow at the Lauterpacht Research Centre for International Law at Cambridge University, a Fellow at the Max Planck Institute for Public International Law and Comparative Public Law in Heidelberg, Germany, and a Fellow at the Schell Center for Human Rights at Yale Law School, among other institutions. Professor Fox has written widely on a variety of international law topics, including civil war peace agreements, the powers of the UN Security Council, international occupation law, international control of territory, and international efforts to promote democratic governance. His most recent article, Of Looting, Land and Loss: The New International Law of Takings, was published in Volume 65 of the Harvard International Law Journal. Professor Fox was co-counsel to the State of Eritrea in the Zukar-Hanish arbitration with the Republic of Yemen concerning the status of a group of islands in the southern Red Sea. He has also served as counsel in several human rights cases in US courts. Professor Fox was the recipient of a MacArthur Foundation/Social Science Research Council Fellowship in International Peace and Security. He began his career in the Litigation Department of the firm Hale & Dorr, now WilmerHale. He is a graduate of Bates College and New York University Law School.