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