PROF. BEN CHIGARA, PH.D. (NOTTINGHAM), LL.M WITH DISTINCTION & BEST PERFORMANCE AWARD (HULL), BA HONS. (KEELE), FHEA (UK), FINST.LM (LONDON), FGOA ...
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Prof. Ben Chigara, Ph.D. (Nottingham), LL.M with Distinction & Best performance award (Hull), BA Hons. (Keele), FHEA (UK), FInst.LM (London), FGoA (USA), FAiADR (Malaysia), FReachSOC (London), MCIArb (London) Benedict Abrahamson Tendayi Chigara is Professor of Public Law in the College of Law at Qatar University. For sixteen years (2003 – 2019) he held the position of Full- Professor of Law at Brunel Law School, Brunel University London, UK. Previous to that Benedict held Law lectureships at The University of Warwick where he lectured under the guidance of Professor John McEldowney, in Constitutional & Administrative Law, Public International Law, and in International Economic Law; The University of Leeds, where he lectured under the guidance of Professor John Bell, in Jurisprudence, Contract Law, and in International Economic Law; Oxford Brookes University, where he lectured under the guidance of Professor Diana Woodhouse, in Constitutional and Administrative Law, Contract Law, and in Public International Law. He held various tutorial positions at The University of Nottingham during and after his Ph.D. study under Professor Catherine Redgwell and Professor Ralph Sandland, leading seminars in the Law of Tort at LLB level, and with guidance of Professor Caroline Hunter, lecturing in Construction Law, Judicial and Alternative Dispute Settlement mechanisms to final year students from the Departments of Architecture and Engineering (1997 - 1999). Between 1989 -1990 Benedict taught English Literature at Denmark’s Tårnby Gymnasium, Roskilde Amts Gymnasium and at Nykøbing Felster Gymnasium while completing a dissertation on comparative pedagogics with Professor Joan Conrad of the University of Copenhagen. Before that, Benedict had qualified and taught English Language & English Literature in Zimbabwe (1984 - 1989), examining the same for the GCSE Cambridge Examination Board (1987 - 1989). In 2003 Benedict vacated his position at Warwick University to join Brunel University London as Full-Professor of Law. In 2004 he established the HEFCE funded Centre for International and Public Law (CIPL) which was inaugurated by Lord Bill Brett on 11 May 2004. Ben is the founding Director of Brunel University’s flagship Master of Laws programmes in International Law. He has held various managerial roles in the School of Social Sciences and Law (2004 - 05) and in Brunel Law School (2006 - 2013); and participated fully in various University Committees and Councils.
The author of several peer reviewed research monographs, journal articles and chapters in edited collections, his research has been instrumental to the work of human rights institutions; national, regional and international courts; and to national and regional organizations. He has facilitated the work of the United Nations OHCHR as an expert on Unilateral Coercive Measures and Human Rights; and also, on the Intergovernmental Working Group on the Durban Declaration and Programme of Action against Racism, Xenophobia and Related Intolerance. Benedict regularly provides legal opinions on International Law issues and on inter-jurisdictional issues. He is a peer reviewer for several Research Funding Bodies, including the British Academy (BA); the European Science Foundation (ESF); European Commission (EC); Qatar National Research Funding Council; National Research Foundation of South Africa; the Research Promotion Foundation of Cyprus; etc. He regularly assists publishing houses with evaluation of book proposals and book development projects. He is a peer reviewer with many leading international law periodicals. Benedict has numerous international affiliations, including with the International Labour Organization (ILO); the Organization for Security and Cooperation in Europe’s (OSCE) Office for Democratic Institutions and Human Rights (ODIHR); the Arab Network for National Human Rights Institutions; Commonwealth of Dominica Network of International Scholars; St Kitts and Nevis Network of International Scholars; the International Law Association (British Branch); Public Administration International (London); Oxford Research Group (ORG); Institute for Leadership and Management (London); Reach Society (London); Good-of-All (USA); Asian Institute for Alternative Dispute Resolution(AiADR); and with The Chartered Institute of Arbitrators (London). He coached and mentored Sagee Sasikumar, and Sethu Nandakumar for the International Manfred Lachs Space Law Moot Competition. The pair who were his students, both studying for the Master’s degree in International Economic Law at the University of Warwick Law School in 2002 won in Spain the European round of the world-wide competition and went on to represent Europe in Texas, USA at the final stage of the competition which was adjudicated by judges of the International Court of Justice (ICJ). This was the first time in its eleven-year history that the European round of the Manfred Lachs Space Law Moot Court Competition had been won by students studying at a British University. To achieve that, Sagee and Sethu first had to win the UK round of the Competition held in London. Candidates had to assume the role of lawyers using current law to present legal arguments on behalf of international clients in fictitious cases set in the near future. The main fictitious case concerned a dispute which arises over issues of surveillance from space and which escalates into conflict and damage to satellite equipment and space stations. The competition or “Moot” was named in memory of Manfred Lachs, the renowned Polish educator, diplomat, and jurist, space law expert and longest- serving member of the International Court of Justice.
Benedict is intensively involved in international fora and has given legal opinions, reports and presentations on contemporary legal issues at various places, including: The United Nations - Geneva; State House, Commonwealth of Dominica; The Second World Conference on International Arbitration - Qatar International Centre for Conciliation and Arbitration; Human Rights & Justice Movement (IHAK) - Istanbul, Turkey; National Human Rights Council of Morocco; The London School of Economics; Birmingham University; Hull University; Brunel University; The University of Peshawar, Pakistan; Abo Akademi Institute of Human Rights - Turku, Finland; Hawasa University, Ethiopia; Potchefstroom University, South Africa; Faculty of Law - Giessen University, Germany; etc. etc. He has held visiting Professorships at Louis D. Brandeis School of Law, University of Louisville, Kentucky, USA; Faculty of Law, University of Cape Town - South Africa; and Justus-Liebig-Universitat Giessen, Germany. Academic Qualifications include: Ph.D. in Law - The University of Nottingham, UK (1998). Published in 2001 by Ashgate, Aldershot, UK - Legitimacy Deficit in Custom: A Deconstructionist Critique. LL.M. with Distinction & Best Performance Award - The University of Hull, UK (1994 B.A. Hons. Law & Psychology - The University of Keele, UK (1993) Arbitrator - Chartered Institute of Arbitrators, London, UK (2016) Performance Coach & Mentor, Institute of Leadership & Management, London, UK (2014) Professional Roles include: Academician Arbitration Practitioner Performance Coach & Mentor Consultant on Investment Arbitration; Commercial Arbitration; Human Rights; and Academic Programmes Development & Review Research areas include: Specific issues in Constitutional & Administrative Law; and Constitutionalization Theory Public International Law & International Human Rights Law Theory and Practice of International Commercial Arbitration
International Investment Law and Practice International Dispute Settlement Jurisprudence Research Interests include: Jurisprudence, in particular, the validity, legitimacy and sustainability of legal processes and practices; Development and enforcement of International Human Rights Law, especially, individual, constitutional, and labour rights; Law making processes, especially customary International Law; and Regional and International Institutions and processes. Benedict is jurisconsult on Public International Law, Commercial Arbitration; Foreign Direct Investment; African Union Law and SADC Reconstruction policy and practice. Research supervision: Benedict has supervised to successful completion over 20 Ph.D. candidates in the UK. Their research examined complex issues on International Organization; Public International Law; Dispute Settlement in International Law; WTO and Human Rights; Labour Law; Investment Law; etc. He has examined in excess of 30 Ph.D. candidates mostly in the UK and also in Germany, South Africa and Namibia. Select Publications include: Published Peer reviewed research monographs (books): Chigara, B. (2001) Legitimacy Deficit in Custom: A deconstructionist critique. Aldershot: Ashgate Publishing Ltd. ISSN 10: 0-7546-2077-8 ISSN 13: 9780754620778 Chigara, B. (2002) Amnesty in International Law: The Legality under International Law of National Amnesty Laws. London: Longman. ISSN 10: 0582437938 ISSN 13: 9780582437937 Chigara, B. (2004) Land reform policy: The challenge of international human rights law. Ashgate Publishing Ltd. ISBN 10: 0754622932. ISBN 13: 9780754622932. Chigara, B. (2012) Southern African Development Community Land Issues: Towards A New Sustainable Land Relations Policy. London: Routledge. ISSN 13: 9780203806562 Chigara, B. (2012) Reconceiving Property Rights in the New Millennium: Towards a New Sustainable Land Relations Policy. Routledge. ISSN 10: 0415587042 ISSN 13: 9780415587044 Chigara, B. (2021) Fairness Test: Moral & Legal Imperatives (Forthcoming) Published Peer reviewed Journal Articles:
Chigara, B. (2019) "Towards a nemo judex in parte sua critique of the International Criminal Court?" International Criminal Law Review, 19 (3). pp. 412 - 444. ISSN: 1571-8123 Chigara, B. (2018) “Operation Restore Legacy renders Southern African Development Community (SADC) constitutionalism suspect in the coup d'état that was not a coup” Oregon Review of International Law, 20 (1). pp. 173 - 217. ISSN: 1543-9860 Chigara, B. (2018) "National Courts and the Integrity of International Law” California Western International Law Journal, 48 (2). pp. 190 - 218.ISSN: 0886-3210 Chigara, B. (2017) “The administration of International Law in national courts and the legitimacy of International Law”' International Criminal Law Review, 17 (5). pp. 909 - 934. ISSN: 1571-8123 Chigara, B. (2017) “Incommensurabilities of the Southern African Development Community (SADC) Land Issue” African Journal of International & Comparative Law, 25 (3). pp. 295 - 325. ISSN: 0954-8890 Chigara, B. (2012) “What should a re-constituted Southern African Development Community (SADC) Tribunal be mindful of to succeed?” Nordic Journal of International Law, 81 (3). pp. 341 - 377. ISSN: 0902-7351 Chigara, B. (2011) “European/Southern African Development Community (SADC) states' bilateral investment agreements (BITs) for the promotion and protection of foreign investments vs post-apartheid SADC economic and social reconstruction policy” Journal of International Trade Law and Policy, 10 (3). pp. 213 - 242. ISSN: 1477-0024 Chigara, B. (2009) “On the jurisprudential significance of the emergent state practice concerning foreign nationals merely suspected of involvement with terrorist offences” Maastricht Journal of European and Comparative Law, 16 (3). pp. 315 - 340. ISSN: 1023-263X Chigara, B. (2009) “Southern African Development Community (SADC) tribunal: Mike Campbell (Pvt) Ltd and Others v. Republic of Zimbabwe: introductory note by Ben Chigara” International Legal Materials, 48 (3). pp. 530 - 548. Chigara, B. (2008) “Social justice: The link between trade liberalization and Sub-Saharan Africa’s potential to achieve the United Nations Millennium Development Goals by 2015” Netherlands Quarterly of Human Rights, 26 (1). pp. 9 - 42. ISSN: 0169-3441 Chigara, B. (2007) “Book Review: Noortmann, M. (2005). Enforcing international law: From self-help to self-contained regimes. Aldershot, UK: Ashgate, Pp. vii, 194” International Criminal Justice Review, 17 (2). pp. 131 - 132. ISSN: 1057-5677 Chigara, B. (2007) “Latecomers to the ILO and the authorship and ownership of the international labour code” Human Rights Quarterly, 29 (3). pp. 706 - 726. ISSN: 0275-0392 Chigara, B. (2007) “To discount human rights and inscribe them with fakeness and unreliability, or to uphold them and engrave them with integrity and reliability? – UK experiences in the age of international terrorism” Nordic Journal of Human Rights, 25 (1). pp. 1 - 16. ISSN: 1891-8131 Chigara, B. (2007) “The unfinished business of human rights protection and the increasing threat of international terrorism” Asian Yearbook of International Law, 13. pp. 3 - 22.
Chigara, B. (2007) “Land Rights and Human Rights in Transitional States” Mediterranean Journal of Human Rights, 11 (1). ISSN: 1027-4375 Chigara, B. (2006) “Short-circuiting international law” Oregon Review of International Law, 8 (2). pp. 191 - 214. ISSN: 1543-9860 Chigara, B. (2004) “The right to democratic entitlement: Time for change?” Mediterranean Journal of Human Rights, 8 (1). pp. 53 - 89. ISSN: 1027-4375 Chigara, B. (2003) “The contest for labels in the Southern African Development Community (SADC) land issue” Nordic Journal of International Law, 72 (3). pp. 369 - 397. ISSN: 0902-7351 Chigara, B. (2002) “Trade Liberalization: Saviour or Scourge of SADC Economies?” University of Miami International and Comparative Law Review, 10 (1). pp. 7 - 21. ISSN: 1551-3289 Chigara, B. (2002) “Peace Agreements and Human Rights” Modern Law Review, 65 (1). ISSN: 0026-7961 Chigara, B. (2001) “Genocide” British Yearbook of International Law, 72. ISSN: 0068-2691 Chigara, B. (2001) “Building the Rule of Law” International and Comparative Law Quarterly, 50 (4). pp. 1007. ISSN: 0020-5893 Chigara, B. (2001) “Humanitarian Intervention Missions: Elementary Considerations, Humanity and the Good Samaritans” Australian Journal of International Law. pp. 66 - 89. ISSN: 1325-5029 Chigara, B. (2001) “From Oral to Recorded Governance: Reconstructing Title to Real Property in 21st Century Zimbabwe” Common Law World Review/Anglo American Law Review, 30 (1). pp. 36 - 65. ISSN: 1473-7795 Chigara, B. (2000) “International Tribunal for the Law of the Sea and Customary International Law” Loyola of Los Angeles Comparative and International Law Review, 22 (4). pp. 433 - 452. ISSN: 1533-5860 Chigara, B. (2000) “Operation of the SADC Protocol on Politics, Defence and Security in the Democratic Republic of Congo” African Journal of International and Comparative Law, 12 (1). pp. 58 - 69. ISSN: 0954-8890 Chigara, B. (1999) “The SAD Community – a litmus test for the UN’s resolve to banish oppression: Remarks on the Southern African Development Community (SADC) Protocol on Politics, Defence and Security (1977)” African Journal of International and Comparative Law, 11 (3). pp. 522 - 528. ISSN: 0954-8890 Chigara, B. (1998) “Margaret Davies, Delimiting the Law: Postmodernism and the Politics of Law, London: Pluto Press” Modern Law Review, 61. pp. 121 - 123. Chigara, B. (1995) “Human Rights: International Rights, Absolute Rights, Inalienable Rights” African Journal of International and Comparative Law. pp. 358 - 363. ISSN: 0954-8890 Chigara, B. (1995) “Article 2 of Convention No.87: Precepts and Their Application, a Global Assessment” Managerial Law Journal, 37 (6). pp. 1 - 20. Chigara, B. (1994) “International aspects of Industrial Democracy” Managerial Law Journal, 36 (2). pp. 1 - 16. Published Peer reviewed Book Chapters:
Chigara, B (2020) ‘African Union and the International Criminal Law’ in Amao et al. Emergent African Union Law: Conceptualization, Delimitation, and Application OUP, Oxford. Chigara, B. and Asante, A. (2015) 'Emergent Maritime Labour Law: Possible Implications for other Transnational Labour Fields', in Blackett, A. and Trebilcock, A. (eds.) Research Handbook on Transnational Labour Law. Cheltenham, UK: Edward Elgar. pp. 343 - 360. ISBN 13: 9781782549789. Chigara, B. (2012) ‘Deconstructing Southern African Development Community land relations challenges: Towards a new, sustainable land relations policy?’, in Re-conceiving Property Rights in the New Millennium: Towards a new sustainable land relations policy. London: Routledge. pp. 198 - 230. ISBN 13: 9780203806562. Chigara, B. (2012) ‘Introduction: deconstructing land relations issues of the SADC’, in Southern African Development Community Land Issues: Towards a new sustainable land relations policy. London: Routledge. pp. 3 - 7. Chigara, B. (2012) ‘Tentative Reflections on the African Charter on Human and Peoples' Rights’, in The African Regional Human Rights System 30 Years after the African Charter on Human and Peoples' Rights. The Hague: Martinus Nijhoff. , 107. pp. 401 - 419. ISBN 13: 978-90-04-21814-7. Chigara, B. (2011) ‘The Humwe principle: A social-ordering grundnorm for Zimbabwe and Africa?’, in Essays in African Land Law Vol.1. Pretoria: Pretoria University Law Press (World Bank Project). pp. 113 - 133. Chigara, B. (2011) ‘The ILO and 'Human Security' of Sub-Saharan African Labour’, in Protecting Human Security in Africa. Oxford University Press. pp. 81 - 101. ISBN 13: 9780199578986. Chigara, B. (2010) ‘The ILO, harbinger and chief protagonist for the recognition and promotion of the inherent dignity of Sub-Saharan Africa labour’, in Abass, A. (ed.) Protecting Human Security in Africa. Oxford University Press. ISBN 10: 0199578982. ISBN 13: 9780199578986. Chigara, B. (2008) ‘Terra nullius’, in Cane, P. and Conaghan, J. (eds.) The New Oxford Companion to Law. Oxford University Press. pp. 1160 - 1161. ISBN 10: 0199290547. ISBN 13: 978-0-19-929054-3. Chigara, B. (2008) ‘The ILO’s contribution to the development of international human rights law and human security in Sub-Saharan Africa’, in ILO Century Project: Ideas, Policies and Progress. Chigara, B. (2007) ‘The advent of proportional human rights and the dignity inherent in individuals qua human beings’, in Rehman, J. and Breau, SC. (eds.) Religion and human rights law: A critical examination of Islamic law and practice. The Hague: Martinus Nijhoff Publishers. , 6. pp. 223 - 245. ISBN 10: 90 04 15826 X. ISBN 13: 978 90 04 15826 9. Chigara, B. (2000) ‘Pinochet and the Administration of International Criminal Justice’, in Woodhouse, D. (ed.) The Pinochet Case: A legal and Constitutional Analysis. Hart Publishing. pp. 115 - 128. Legal Opinions; Arbitration Awards; & Other Reports – These are always confidential.
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