̽��ֱ�� of Cambridge - law

Policies for People and Planet

plc32 — Wed, 06 Dec 2023 17:05:17 +0000

Cambridge Zero symposium gathers researchers to examine the rules and incentives needed to combat climate change.

Seeking climate justice at the 'world court'

fpjl2 — Wed, 29 Mar 2023 07:59:32 +0000

How a Cambridge professor helped the climate-embattled nation of Vanuatu put the question of global warming to the International Court of Justice for the first time in history.

Russia-Ukraine ‘off-ramp’: potential plan drafted by Cambridge peace negotiator

fpjl2 — Mon, 14 Mar 2022 16:27:02 +0000

Update (16 March): Prof Weller has now published a Possible Draft of a Framework Agreement on the Restoration of Peaceful Relations between Ukraine and the Russian Federation.

Cambridge, 14 March – A “finely balanced formula” in which the disputed Donbas regions have increased self-governance but remain Ukrainian, and a tacit “status quo” for Crimea is agreed along with rights for minority groups, could help provide an “off-ramp” for both sides in Russia’s war on Ukraine.

This is according to a proposed settlement designed by Marc Weller, Professor of International Law at the ̽��ֱ�� of Cambridge and leading legal expert, who has mediated in a wide range of conflicts for the United Nations and others, including Kosovo, Syria, Yemen and Russian-occupied Transnistria.

Weller’s suggested deal would see NATO maintain its “open door” policy but grant Russia medium-term assurances on an effective moratorium for Ukraine, and possibly Moldova and Georgia, while allowing Sweden and Finland access if wished.

While nuclear arms controlled by the United States remain in Europe, the peace plan compels a return to negotiations on limitations of intermediate-range nuclear weapons on both sides, as part of several “confidence-building” steps.

Importantly, Weller argues that no agreement should intrude on pursuing Russian accountability for the horrific war crimes witnessed by the world in recent weeks, which may ultimately see demands for trillions of dollars in reparations to Ukraine.

His proposal is published by international law forum Opinio Juris in the form of a draft outline agreement.

“A settlement will only be possible when victory is unlikely, or when losses imposed upon either side by a continuation of conflict become truly unbearable,” said Weller. “That moment may come sooner or later, but in any event, we be must be ready to help establish peace.”

“ ̽��ֱ��sense of outrage and injustice on the part of Ukraine will be difficult to overcome. It is vital the Ukrainian government is not pressured into accepting outcomes that reward a war of aggression.”

Moscow demands recognition of the independence of Donetsk and Luhansk, the “states” in eastern Ukraine’s Donbas region recognised by Russia at the outset of the conflict.

Their supposed independence was cynically used by Russia to argue a right of self-defence of these purportedly sovereign states, says Weller. He argues that these are “non-states”, and backing for purported statehood is not possible under international law.

Weller advocates a revised version of 2015’s Minsk II agreement that Russia has long complained was never fully implemented – one offering plenty of autonomy to both districts yet keeping them within Ukraine’s sovereign territory.

His proposed compromise, a form of “asymmetrical federation”, would see overall claims of statehood abandoned, but areas – or Oblasts – within the Donbas that have ethnic or linguistic majorities be given greatly enhanced local self-governance.

“Unless Donetsk and Luhansk walk back their unfeasible claims to statehood, they will remain trapped in the twilight of international isolation, even with Russia propping them up,” said Weller, a Fellow of Hughes Hall.

“A settlement that keeps them as Ukrainian provinces but in an environment of self-government – almost virtual statehood – will allow both Oblasts authority over all their territory, rather than just the third taken by force in 2014,” he said.

“This would be balanced by internationally guaranteed rights to genuine local elections and safeguards for the right of minority populations – whether Russian speaking or Ukrainian.”

International observers should be maintained throughout to reassure populations of all backgrounds, says Weller, as should the possibility of cross-border links to the Russian Federation to placate separatist groups.

While cease-fire and retreat of forces – along with full humanitarian access – are conditions that underpin the settlement, Russian withdrawal from the Donbas regions could be subject to a “transitional phase”. “However, Ukraine must not suffer de-facto division forever more as a consequence of turning the invasion into a frozen conflict,” Weller said.

Crimea cannot be formally recognised as part of Russia, Weller contends, regardless of Kremlin demands. However, both sides could pledge not to challenge the “territorial status quo” of the situation as of 23 February 2022 forcibly or perhaps in general terms, for the sake of hostility cessation.

This balancing act would require international cooperation to secure rights for Crimea’s non-Russian speakers, and see the region’s Tatars – a mainly Muslim population persecuted during the Soviet years – benefit from a restoration of the ethnic minority “special protection” they once had.

While NATO’s “open door” policy will remain unshakeable in principle, Washington has already floated possible moratoria on Ukraine membership. Any settlement could adapt this into a self-imposed limitation by Ukraine for a given period of time – expressed through a legally binding unilateral declaration. Weller argues that such commitments could extend to Georgia and Moldova if needed.

He also outlines “Cooperative European Security Architecture” strategies to help reassure eastern European states that will not join NATO in the medium-term.

This would draw on existing arrangements as well as establish further steps to build transparency and keep regional tensions in check: rules for military flights toward national borders; prior notice agreements for military manoeuvres; arms limitations in key areas, supported by third-party verification.

Read more about the proposed settlement from Marc Weller in the Scotsman.

An international law expert outlines terms for a possible agreement on Ukraine, including proposals for the Donbas and Crimea regions, and a 'Cooperative European Security Architecture'.

It is vital the Ukrainian government is not pressured into accepting outcomes that reward a war of aggression

Marc Weller

Ministry of Defence Ukraine

A Ukrainian soldier near the front lines in the Donbas region in 2015

̽��ֱ��text in this work is licensed under a Creative Commons Attribution 4.0 International License. Images, including our videos, are Copyright © ̽��ֱ�� of Cambridge and licensors/contributors as identified. All rights reserved. We make our image and video content available in a number of ways – as here, on our main website under its Terms and conditions, and on a range of channels including social media that permit your use and sharing of our content under their respective Terms.

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Russian attempts to invoke international law dismantled

fpjl2 — Wed, 09 Mar 2022 17:01:16 +0000

Professor Marc Weller, a leading expert in international law and advisor on a large number of peace negotiations, debunks in turn Russia’s attempts to invoke international law.

Fighting for the rights of football fans

zs332 — Wed, 02 Feb 2022 12:16:53 +0000

How a Cambridge researcher fought for the rights of football fans and won.

Family court decisions distorted by misuse of key research, say experts

cjb250 — Tue, 12 Jan 2021 16:29:23 +0000

Seventy experts from across the globe argue that widespread misunderstandings around attachment research have hampered its accurate implementation, with potentially negative consequences for decisions in family courts.

In response, they have published an international consensus statement in Attachment & Human Development that aims “to counter misinformation and help steer family court applications of attachment theory in a supportive, evidence-based direction on matters related to child protection and custody decisions”.

In the statement, the group sets out three principles from attachment research which they say should guide decision-making: the child’s need for familiar, non-abusive caregivers; the value of continuity of good-enough care; and the benefits of networks of familiar relationships.

Attachment research investigates the strong affectional bonds – ‘attachments’ – that individuals form to others in order to achieve comfort and protection. Children are born with a predisposition to develop these bonds with ‘attachment figures’ in their lives. This often includes the child’s parents, but many children develop attachment relationships with additional caregivers, such as grandparents. Children wish to turn to their attachment figures when upset.

̽��ֱ��quality of an attachment relationship – how readily a child will turn to their caregiver and accept comfort – is indicated by behaviour suggestive of whether or not they expect their attachment figures to respond sensitively to their signals in times of need. Indeed, the most important predictor of children’s attachment quality is caregiver ‘sensitivity’: the ability to perceive, interpret and respond in a timely manner and appropriately to children’s signals.

Attachment research is applied in many settings, including in family court decision-making regarding child custody and child protection. Court practice needs to follow the best interests of the child, but this can be difficult to determine. There is an increasing focus on the interactions and relationships between children and their caregivers, which in turn has led to interest in using attachment theory and measures to help guide decision-making.

Dr Robbie Duschinsky from the ̽��ֱ�� of Cambridge, said: “ ̽��ֱ��decisions reached by family courts can have a major impact on a child’s life, but as we’ve seen, these decisions may be based on incorrect understanding and assumptions. By outlining potential issues and presenting principles to guide the decision-making process, we hope to better inform and hence empower courts to act in a child’s best interests.”

One example is the mistaken assumption that attachment quality equals relationship quality, and that it is possible to judge attachment quality by looking at isolated behaviours. In fact, there are many other important aspects of child-caregiver relationships, such as play, supervision and teaching, and specific behaviours such as crying can depend on largely constitutional factors such as temperament.

There are also misunderstandings regarding the importance of developing attachment to one particular caregiver rather than to more than one, with the theory misinterpreted as placing an emphasis on one ‘psychological parent’, typically the mother. In this line of reasoning, it is often assumed that an attachment relationship with one person is at the expense of other attachment relationships, and that best-interest decisions should maximise the likelihood of secure attachment with one primary caregiver. However, children can develop and maintain secure attachment relationships to multiple caregivers simultaneously, and a network of attachment relationships may well constitute a protective factor in child development.

In other cases, attachment theory has been held to categorically prescribe joint physical custody, with equal time allocation regardless of child age, including overnights and transitions between family homes every day or every other day. Yet, there is a notable scarcity of empirical research on attachment in relation to child custody, time allocation, and overnight arrangements.

Dr Tommie Forslund from Stockholm ̽��ֱ�� said: “Misunderstandings can have important consequences for children and their caregivers. In some cases, they can lead to an ill-informed dismissal of the relevance of attachment by court professionals or, conversely, to the overuse of attachment ideas and measures, with practice unmoored from evidence.

“We need to make sure that courts are aware of the limits of current understanding as well as the nuances of attachment theory and research before seeking to apply it to their decision-making.”

̽��ֱ��researchers have also advised caution in using assessments of attachment quality in the family courts.

Professor Pehr Granqvist from Stockholm ̽��ֱ�� added: “Courts need to bear in mind that while assessments of attachment quality may be suitable for helping target supportive interventions, there are different opinions even among those of us who specialise in attachment research regarding the potential usefulness of these assessments when it comes to decision-making regarding child protection.

“Validated in group-level research, attachment measures have insufficient precision for individual level prediction. If used at all, assessments of attachment quality should never be used in isolation but only as part of a larger assessment battery that assigns more weight to direct assessments of caregiving behaviour. Importantly, attachment assessments must only be used by formally trained observers who follow standardised protocols.”

̽��ֱ��experts propose three fundamental principles, based on more than half a century of research, which they argue can be used as a basis for court practitioners:

̽��ֱ��need for familiar, non-abusive caregivers – For child protection practice, for example, this implies that all non-abusive and non-neglecting family-based care is likely to be better than institutional care.
̽��ֱ��value of continuity of good-enough care – ‘Good-enough’ care signifies an adequate level of meeting the child’s needs over time. ̽��ֱ��group urges family courts to examine and support caregivers’ abilities to provide ‘good-enough’ caregiving, rather than placing children in out-of-home custody with the hope of ‘optimal’ care. Major separations from caregivers constitute risk factors in child development that should be prevented whenever possible.
̽��ֱ��benefits of networks of attachment relationships – Decision-making concerning child custody should assign weight to supporting children’s ability to develop and maintain attachment relationships with both their caregivers, except when there is threat to the child’s welfare and safety or one of the parents wants to ‘opt out’.

Reference
Attachment Goes to Court: Child Protection and Custody Issues. Attachment & Human Development; 11 Jan 2021; DOI: 10.1080/14616734.2020.1840762

Family courts are misunderstanding and misusing research around how children form close relationships with their caregivers, say an international group of experts.

̽��ֱ��decisions reached by family courts can have a major impact on a child’s life, but as we’ve seen, these decisions may be based on incorrect understanding and assumptions

Robbie Duschinsky

rauschenberger

Mother and child at sunset

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Healthcare rationing could see unlawful deaths from COVID-19, researchers claim

fpjl2 — Thu, 21 May 2020 10:49:23 +0000

While the initial coronavirus peak is starting to pass – in Europe, at least – without the ventilator shortages many feared, the spectre of a second wave or future outbreak means questions of medical rationing still hold sway.

New research suggests that current ICU protocols and ethical guidelines lack detail, and leave doctors exposed to legal liability if another contagion surge forces them to make painful snap decisions due to insufficient resources.

While the latest analysis focuses on ventilators, ̽��ֱ�� of Cambridge researchers say that many of their arguments apply to other potential medical shortages e.g. a lack of properly staffed ICU beds, dialysis machines or related supplies or equipment.

If shortages lead to denial of treatment based on disability – including ‘chronic illness’ – or age, or treatment withdrawal during sedation, it could violate patient rights and cause unlawful death, argue the Cambridge lawyers.

They say that legal liability could extend to the UK Government if it is required to defend failures to purchase more medical supplies or publish ICU rationing guidance, despite knowledge of risks to life posed by the pandemic.

̽��ֱ��study, published in the Journal of Medical Ethics, is based on UK law, but researchers say it is relevant to other European nations.

“We’re definitely not out of the woods,” said Dr Kathy Liddell, Director of the Cambridge Centre for Law, Medicine and Life Sciences. “With lockdown easing, we might well see a second Covid-19 spike in intensive care units, and health services should be prepared legally as well as medically.”

“ ̽��ֱ��law requires more of hospitals, doctors and clinical commissioning groups than is currently set out in the guidelines provided by the British Medical Association, the Intensive Care Society and medical ethicists.”

“ ̽��ֱ��legal rights of patients matter, and they are not being given the attention they deserve,” she said.

Around 2.5% of Covid-19 patients require mechanical ventilation to live while they fight the virus, and a patient can need assisted breathing for up to three weeks.

Early concerns that the virus would see patient demand overwhelm ventilator supply prompted researchers to investigate the legal limits of ventilator allocation.

They found “little concrete guidance” centrally in the UK, and argue that a shortage could see “postcode lotteries” of patient rights to life saving treatment – as decisions are taken at a local level by hospitals and doctors.

“ ̽��ֱ��guidelines we reviewed differed in many ways,” said co-author Dr Jeff Skopek, from Cambridge’s Faculty of Law. “But they generally had the same goal: save as many lives as possible. While this is of course a worthy goal, it can lead to the violation of patients’ rights – rights are not suspended merely because we are in a crisis.”

̽��ֱ��researchers argue that a ventilator cannot be denied on the grounds that a patient has a disability. “Denying treatment because of a disability, which includes chronic illness, violates the Equalities Act 2010. Denying treatment based on age may also do so,” said Liddell.

“In fact, the Equalities Act requires efforts be taken not to disadvantage disabled people. This may mean giving people with disabilities longer assessment periods on ventilation, or actually not de-prioritising them,” she said.

̽��ֱ��analysis points out that if an initial trial of treatment is proposed, it must not be too short. No one should be taken off a ventilator for reallocation purposes until the trial has been long enough to generate reliable evidence for predicting the patient’s outcome.

Any decision to withhold or remove ventilation must involve consultation with the patient or their family. Moreover, withdrawing a ventilator without bringing the patient out of sedation risks unlawful killing.

“Even though returning to consciousness would be deeply distressing, all patients must be given a chance to breathe independently if they have a meaningful chance of surviving until another ventilator is available,” said Liddell.

If some of these scenarios occur during another virus spike, the researchers say doctors could be directly liable under criminal law for charges such as gross negligence manslaughter, criminal battery or willful neglect.

Even the UK Government could be held responsible. As Skopek highlights, the decision taken by government in April 2020 not to provide a national policy on handling ICU shortages – despite recommendations from its Moral and Ethical Advisory group – could result in a violation of its obligations under Article 8 of the European Convention on Human Rights.

“Without a national policy, the task of drawing up ICU rationing guidelines was left to individual CCGs and hospitals, and many lacked support to ensure their guidelines were legal and ethically sound,” he said.

Added Skopek: “If we end up with another surge in patients that overwhelms our critical care infrastructure, hospitals and doctors may end up acting unlawfully – and worse, patients may end up dying unlawfully.”

Current medical guidelines risk unlawful deaths of patients – with doctors, hospitals, and even the government potentially liable – if a second peak forces hard choices due to shortages of ventilators and other critical care resources.

Hospitals and doctors may end up acting unlawfully – and worse, patients may end up dying unlawfully

Jeff Skopek

Public Health Image Library

Healthcare workers checking each other’s personal protective equipment

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Criminals, miscreants and misdemeanours

sjr81 — Tue, 11 Jun 2019 23:57:42 +0000

Two centuries of Isle of Ely court records illuminate the darkest corners of the region's past.