Category / Law

Dr Eliza Watt’s Contribution to the UN GGE 2015 Norms Proposal

Dr Eliza Watt Commended on Her Excellent Contribution to the Commentary on the UN Group of Government Experts 2015 cyber norms proposal coordinated by Leiden University’s Hague Programme for Cyber Norms

In response to rapidly emerging threats and risks relating to state behaviour in cyberspace the United Nations Group of Government Experts (UN GGE) issued in 2015 a list of recommendations of responsible state behaviour. Three years later, Leiden University’s Hague Program for Cyber Norms successfully concluded its commentary project on these recommendations, titled ‘Civil Society and Disarmament 2017: Voluntary, Non-Legally Binding Norms for Responsible State Behaviour in the Use of Information and Communication Technologies: A Commentary’ (the Commentary).

Dr Eliza Watt, a Bournemouth University law lecturer and researcher at the Centre for Conflict, Rule of Law and Society (CRoLS), was invited to take part in the consultation process and to contribute to the commentary on UN GGE 2015 Recommendation 13(e). The Recommendation calls upon states to guarantee full respect for human rights ensuring the secure use of ICTs. Dr Watt made a valid contribution to the Commentary, including the analysis of the scope of application of human rights treaties in cyberspace, in particular the extraterritorial obligations of states under these treaties and the extent of states’ obligations when conducting cyber surveillance activities. She has also provided a synthesis on the proposal by the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe (CoE) regarding its multilateral ‘non-spy’ treaty put forward in 2015. In addition, Dr Watt also recognized the need for a clear definition and distinction being made in law between cyber surveillance and cyber espionage. Her other contributions related to the issues of data protection, focusing on the CoE  2001 Additional Protocol  to the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data regarding supervisory authorities and transborder data flows. Her recommendation in this context related to the CoE Draft Modernized Convention on the Automatic Processing of Personal Data published in 2016 as representing perhaps the only prospect for a universal standard in the field of data privacy.

Dr Watt has been commended for her ‘excellent contribution to the Commentary’ by one of its co-authors, Dr Barrie Sander of Leiden University.

Dr Alison Cronin’s book on economic crime published

Congratulations to Dr Alison Cronin on the publication of her book, “Corporate Criminality and Liability for Fraud” by Routledge which builds on her PhD thesis. Taking a rational reconstruction of orthodox legal principles, and reference to recent discoveries in neuroscience, Alison reveals some startling truths about the criminal law, its history and the fundamental doctrines that underpin the attribution of criminal fault. With important implications for the criminal law generally, the focus of the book is the development of a theory of corporate criminality that accords with the modern approach to group agency. Alison puts forward the theoretical and practical means by which companies can be prosecuted, where liability cannot or should not be attributed to its individual directors/ officers.

BUDMC researchers deliver panel at Premier global conference in California

Cutting-edge research and agenda setting ideas of Bournemouth University Disaster Management Centre (BUDMC) were presented at a dedicated BUDMC panel delivered at the 59th Convention of the International Studies Association (ISA – widely regarded as the leading global academic association dedicated to international studies) in San Francisco, California, USA on 7 April 2018.

The panel, chaired by Professor Lee Miles (Professor of Crisis and Disaster Management) was awarded after a highly competitive submission process. The panel together combined a Professor, a Senior Research Fellow (Dr Henry Bang) and three BUDMC PhD candidates (Michael Clark, Grace Kingsbury and James Stride) to deliver papers on their respective research in disaster management. The panel was distinctive in that the panellists also had significant experience, not just in the academic study of disaster management, but also in working in the field and in the crisis management industry – thereby representing practical examples of co-creation and the thriving research environment at the Disaster Management Centre here in Bournemouth.

The panel called ‘Ruling in Unruly Times? Foreign Policy Dynamics of Disaster Management’ opened with a jointly co-authored paper by Professor Lee Miles, Dr Henry Bang and Michael Clark on understanding resistance factors and enhancing entrepreneurial resilience in disaster management in Ghana that represented unique research findings from the BUDMC’s acclaimed AFRIGATE project. This was followed by research papers delivered by BUDMC PhD candidates on ‘Synthesizing Foreign Policy Considerations and Health Systems Resilience’ in Africa’ (Michael Clark), ‘The International Dimensions of Maritime Disasters’ (James Stride) and a co-authored paper by PhD candidate, Grace Kingsbury and Professor Lee Miles, on ‘The Scandinavian Foreign Policy Collective: Managing Greater Imperatives of Resilience and Safety’ – that each demonstrated the depth of international-focused work undertaken by BUDMC researchers. The panel were subject to notable scrutiny by a discussant, and a vibrant debate; and the papers were warmly welcomed by an international audience of prominent academics from the field of international studies. The papers will form the basis of manuscripts to be submitted to key journals by summer 2018.

For more information, contact Professor Lee Miles (lmiles@bournemouth.ac.uk) or Dr Henry Bang (hbang@bournemouth.ac.uk).

Combating economic crime

We report here on a successful programme of research, involving engagement with public policy, aimed at reducing the scourge of economic crime. If accepted the proposals made would have a substantial impact on frauds involving major companies, especially those in the financial services sector.

 Economic crime takes many forms: from traditional manifestations of fraud, bribery, money-laundering and tax evasion to modern slavery and human-trafficking offences providing forced labour. Striking at the heart of global security, funding terrorism and political espionage, it also inflicts direct costs to businesses and economies, nationally and world-wide. Fraud alone is calculated to have cost the UK economy c. £190 billion (2017) while global estimates reveal a loss of £2.75 trillion (2013).

Focusing on corporate criminality, in March 2017, we responded to the Ministry of Justice Call for Evidence on Corporate Liability for Economic Crime. We argued that the current preference for corporate liability premised on the company’s failure to prevent criminal misconduct, as exemplified in the Bribery Act 2010, has little application in the context of widespread frauds emanating from “criminogenic” corporate cultures. Central to our proposals were a unique approach to attributing corporate dishonesty, through the adoption of a Criminal Practice Direction, and a shift of resources from regulation and compliance to investigation and prosecution of serious fraud.

In March and April 2018, we went on to publish our full results in a series of two articles in the Company Lawyer: New models of corporate criminality: the development and relative effectiveness of “failure to prevent” offences; and New models of corporate criminality: the problem of corporate fraud – prevention or cure? The General Editor of The Company Lawyer is Professor Barry Rider, Cambridge University, who was honoured in 2014 with the award of an OBE for services to the prevention of economic crime.

The research for these articles was wide-ranging with many questions that needed to be asked, from the definition of fraud itself and the scale of economic crime to the relative effectiveness of models that could be employed to tackle corporate fraud. Traditional “black letter” law research was useful for some aspects, for example, the analysis of the Bribery Act 2010 and its extension in the Criminal Finances Act 2017 in relation to offshore tax evasion. Other questions required substantial historical research, such as the law’s response to the particular problem of bribery and the precedents for the successful use of a “failure to prevent” model of criminality. The impact of reforms and potential reforms required a detailed analysis of recent prosecutions and the use of deferred prosecution agreements.

On Sunday 18th March 2018, the Independent reported Solicitor-General Robert Buckland MP as saying there is a “strong case” for a new corporate economic crime offence. We anticipate that our timely research will prove valuable in shaping the debate as to what the law should be and how it can be made to work.

Dr Stephen F Copp, Associate Professor, Law Department

Dr Alison Cronin, Senior Lecturer, Law Department

Two papers on health & migration in Nepal

This last week two separate papers have been accepted on aspects of health and well-being among migrants workers from Nepal.  The first in the International Journal of Migration, Health and Social Care is based on a completed PhD project in the Faculty of Health & Social Sciences with Dr. Pratik Adhikary as first author [1].  This paper ‘Health and well-being of Nepalese migrant workers abroad’ is co-authored by two former FHSS staff Dr. Zoe Sheppard and Dr. Steve Keen, and Prof. Edwin van Teijlingen of the Centre for Midwifery, Maternal & Perinatal Health (CMMPH).

 

The second paper ‘A study of Health Problems of Nepalese Female Migrants Workers in the Middle-East and Malaysia’ was accepted by the Open Access journal BMC International Health & Human Rights [2].  The lead author of this paper is Bournemouth University (BU) Visiting Faculty Prof. Padam Simkhada (based at Liverpool John Moores University) and two of his co-authors are based in Nepal: Manju Gurung (chair of Pourakhi Nepal) and Dr. Sharada Prasad Wasti and one at BU: Prof. Edwin van Teijlingen .

There is  a growing momentum in migration research at BU with further academic papers being published related to studies on migrant workers from Nepal [4-8], relatives of migrant workers [9], migration into the UK [10-12], Eastern European migration issues [13-15], migration and tourism [16], migration and the media [17] as well as migration in the past [18].

 

References:

  1. Adhikary P, Sheppard, Z., Keen S., van Teijlingen E. (2018) Health and well-being of Nepalese migrant workers abroad, International Journal of Migration, Health and Social Care (accepted). https://doi.org/10.1108/IJMHSC-12-2015-0052
  2. Simkhada, P.P., van Teijlingen, E.R., Gurung, M., Wasti, S. (2018) A study of Health Problems of Nepalese Female Migrants Workers in the Middle-East and Malaysia, BMC International Health & Human Rights (accepted Jan.).
  3. Adhikary, P., Simkhada, P.P., van Teijlingen E., Raja, AE. (2008) Health & Lifestyle of Nepalese Migrants in the UK BMC International Health & Human Rights 8(6). Web address: www.biomedcentral.com/1472-698X/8/6.
  4. van Teijlingen E, Simkhada, P., Adhikary, P. (2009) Alcohol use among the Nepalese in the UK BMJ Rapid Response: www.bmj.com/cgi/eletters/339/oct20_1/b4028#223451
  5. Adhikary P., Keen S., van Teijlingen, E. (2011) Health Issues among Nepalese migrant workers in Middle East. Health Science Journal 5: 169-175. www.hsj.gr/volume5/issue3/532.pdf
  6. Adhikary, P., Sheppard, Z., Keen, S., van Teijlingen, E. (2017) Risky work: Accidents among Nepalese migrant workers in Malaysia, Qatar and Saudi, Health Prospect 16(2): 3-10.
  7. Aryal, N., Regmi, PR., van Teijlingen, E., Simkhada, P., Adhikary, P., Bhatta, YKD., Mann, S. (2016) Injury and Mortality in Young Nepalese Migrant Workers: A Call for Public Health Action. Asian-Pacific Journal of Public Health 28(8): 703-705.
  8. Simkhada, PP., Regmi, PR., van Teijlingen, E., Aryal, N. (2017) Identifying the gaps in Nepalese migrant workers’ health & well-being: A review of the literature, Journal of Travel Medicine 24 (4): 1-9.
  9. Aryal, N., Regmi, PR., van Teijlingen, E., Dhungel, D., Ghale, G., Bhatta, GK. (2016) Knowing is not enough: Migrant workers’ spouses vulnerability to HIV SAARC Journal of Tuberculosis, Lung Diseases & HIV/AIDS 8(1):9-15.
  10. Scammell, J., 2016. Nurse migration and the EU: how are UK nurses prepared? British Journal of Nursing, 25 (13), p. 764.
  11. Holscher, J., 2017. The effects of Brexit on the EU, the UK and Dorset – a migrant’s account. BAFES Working Papers, 1-11.
  12. Sapkota, T., Simkhada, P., van Teijlingen, E. (2014) Nepalese health workers’ migration to United Kingdom: A qualitative study. Health Science Journal 8(1):57-74.
  13. Filimonau, V., Mika, M. (2017) Return labour migration: an exploratory study of Polish migrant workers from the UK hospitality industry. Current Issues in Tourism, 1-22.
  14. Janta, H., Ladkin, A., Brown, L., Lugosi, P., 2011. Employment experiences of Polish migrant workers in the UK hospitality sector. Tourism Management, 32 (5): 1006-1019.
  15. Mai, N., Schwandner-Sievers, S. (2003) Albanian migration and new transnationalisms, Journal of Ethnic & Migration Studies 29(6): 939-948.
  16. Dwyer, L., Seetaram, N., Forsyth, P., Brian, K. (2014) Is the Migration-Tourism Relationship only about VFR? Annals of Tourism Research, 46: 130-143.
  17. Marino, S., Dawes, S. (2016). Fortress Europe: Media, Migration and Borders. Networking Knowledge, 9 (4).
  18. Parker Pearson, M., Richards, C., Allen, M., Payne, A., Welham, K. (2004) The Stonehenge Riverside project Research design and initial results Journal of Nordic Archaeological Science 14: 45–60.

Fake conferences are not fake news: beware predatory conferences

Introduction

Academic have been warned for a decade about predatory Open Access publishers (van Teijlingen 2014). These are commercial organisations charging academics a publication fee on submission of their manuscripts with a promise to publish their work quickly online. The problem is twofold: first, these commercial organisations don’t offer proper peer-review and editorial quality assurance; and secondly, academic are being tricked into believing the journal is a legitimate scientific publication.  The second author receives on average six to eight invitations a week to publish in this kind of predatory journals – see below for examples. The first author, who despite having not worked in an academic institution for over three years, still receives such invitations to publish in ‘Journal X’.

Predatory conferences

A similar phenomenon to predatory journals is the predatory conference (Moital 2014; Nobes 2017; Grove 2017). These are pretend academic conferences of questionable value, established first and foremost to make money, not for the greater good of the academic discipline.

Both authors have received bogus and legitimate invitations to attend conferences. A predicament with such an invitation, which 99% of time arrives by email, is that it is not easy to distinguish between fake and real offers. For example, the first author recently received an offer (at short notice), to attend a conference in Miami in November 2017 (see below). This was on the back of an editorial he had published couple of months earlier. For a career researcher going from contract to contract, the appeal of being invited to present a keynote at a conference can be flattering, far less an honour and a boost for one’s career. Therefore, while the idea that if it seems too good to be true, is a prudent one to hold; there is also a temptation to follow through.

The author replied to the request quizzing the reason for the invite out of the blue. The answer was less than convincing, and a swift email by the author saying “Don’t tell me… You are offering me a keynote with travel and accommodation… Lol!!” called their bluff and ended correspondence.

But digging a little deeper he found there was a webpage dedicated to taking payments to attend the conference. In the digital world, a fool can be easily and quickly separated from his or her money.

Of course, it may have been a real conference at a real venue, and they really wanted him to speak. But discerning this is not easy at first…

Some of the warning signs/What to look out for

  • The conference email invitation looks very convincing (if not don’t even read it!).
  • The venue is good location as Nobes (2017) highlighted, “the organizers are more interested in marketing the tourist destination rather than the academic value of the conference”.
  • The conference covers too many different aspects or topics, as if the advert is designed to catch the eye of many people as possible who are vaguely connected to the discipline.
  • Mentions on associated predatory journals and ‘important’ organisations in the discipline.
  • Email and bank accounts that don’t look professional/ official.
  • Little mention of attendance fees, but after acceptance emails demanding a high conference fee and other charges.
  • Conference organisers are not academics, or unknown names.
  • Conference does not peer-review submission/ not provide proper editorial control over presentations
  • Signs of copying of names of existing academic conferences or scientific organisation and even copying of their webpages
  • Even more advertising than normal at a scientific conference.

Furthermore, Andy Nobes (2017) offered some helpful advice on quality of the conference websites in the list below. Andy is based at AuthorAID, a global network providing support, mentoring, resources and training for researchers in developing countries.

Who is at risk of falling for predatory conferences?

Academics need to be aware of money-making conferences and meetings without a true commitment to science. But some academics might be more at risk than others. Young researchers, PhD students and fledgling academics, living from contract to contract may feel any conference attendance is a potential career boost. Thus, such an invitation might seem flattering and an opportunity to good to miss. A way to show that he or she is a capable and independent academic.

Final thoughts

Most academics go to conferences for a combination of presenting their work to get critical feedback, making new contacts, sharing ideas and to be inspired. With such broad combination of motivating factors, the exact purpose of conferences is difficult to ascertain because there is no a priori agreed role and value of conferences (Nicolson, 2017a). However, there is evidence that academic conferences function to facilitate commodity transactions, be that knowledge, tools, skills, reputations, or connections, which reflects the neoliberal ethos in the modern academy (Nicolson 2017b). The predatory conference can be viewed in this light, where academia is more and more focused on generating revenue. It is at best scurrilous, and worst, criminal, for organisations to make money using such a confidence trick.  Always check which conferences are organised and advertised by recognised scholarly organisations in your own discipline. If uncertain ask a more experienced academic, a senior colleague or mentor.

 

 

Donald J. Nicolson

(Health Services Researcher, NHS Fife, and Independent Scholar; twitter @_mopster )

Edwin R. van Teijlingen

(Centre Midwifery, Maternal & Perinatal Health)

 

References:

Moital, M. (2014) Ten Signs of a Bogus/Fake Conference.

Grove, J. (2017) Predatory conferences ‘now outnumber official scholarly events’  (26th Oct.)

Nicolson, D.J. (2017a) Do conference presentations impact beyond the conference venue? Journal of Research in Nursing. 22(5), pp.422-425.

Nicolson, D.J. (2017b) Academic Conferences as Neoliberal Commodities, Palgrave Macmillan

Nobes, A. (2017) What are ‘predatory’ conferences and how can I avoid them?

van Teijlingen, E. (2014) Beware of rogue journals.

 

British Academy Visit – reserve your place now!

british_academy_logoThe British Academy is returning to BU on 8 March 2017.  This is an invaluable opportunity to find out more about the international and domestic funding available through the organisation.  For those of you who are not familiar with the British Academy, it is the UK’s leading independent body for the humanities and social sciences, promoting funding, knowledge exchange and providing independent advice within the humanities. 

The session will last just over  1 hour (13:00-14:15) and will comprise a presentation focusing on international and domestic funding opportunities along with an overview of the British Academy, followed by a Q&A session.

Representatives of the British Academy will be available to answer any individual queries not covered in the presentation or Q&A session, and members of the Research and Knowledge Exchange Office will be on hand should you wish to discuss BU’s processes for bidding to the organisation.

Places for this event can be reserved through Organisational Development here.

 

Wanted! External Bid Writers

rkeo-dev-logo-banner

 

As part of the Research and Knowledge Exchange Development Framework, Bournemouth University is expanding its pool of external bid writing expertise, through a tendering process.

If you have worked with a good bid writer or, as an external subscriber to this blog, you have written successful research funding applications, please contactus in the Research & Knowledge Exchange Office

We are particularly interested in those who can provide short courses, one-to-one support, bid writing retreats, application review or a range of these and related activities.

Examples of key funders include:

  • British Academy
  • European Commission funds including Horizon 2020
  • Innovate UK
  • Leverhulme Trust
  • National Institutes of Health and other US Federal funders
  • Research Councils
  • Royal Society
  • Wellcome Trust
  • etc.

We look forward to hearing from you.