Sam Fowles’ Post

The Rule of Law is essential to democracy because it means that governments have to play by clearly defined rules. When they don't, citizens can hold them to account in court. All democrats must make the case for the ROL and against govt attempts (like the #RwandaTreaty) to undermine it. My public lecture at Cambridge (full at https://lnkd.in/ewbj8QB8)

What's wrong with the Rwanda Treaty? It's ultimately an attempt to impose a higher risk of refoulment (deportation of genuine refugees to states where they will be in danger) than permitted by international or domestic law. My public lecture at Cambridge (full version at https://lnkd.in/ewbj8QB8) #internationallaw #humanrightslaw #publiclaw

Whichever version of the Rwanda plan is adopted by Rishi Sunak, it will likely breach international law. This isn't just problematic from a legal sense, it's terrible foreign policy. My public lecture at Cambridge last week (full version available at https://lnkd.in/ewbj8QB8) #RwandaTreaty #InternationalLaw

Some advice for Boris Johnson at the Covid Inquiry from my recent public lecture at Cambridge - Politicians dodge confronting the truth by giving long waffling answers. The Covid inquiry is vital because it is the first time they're not being allowed to get away with it. #covidinquiry #barrister

Fordham J’s analysis is orthodox. But the law needs reform. The fiction that political parties aren’t public - so a tiny group of people can impose their choice for PM on the rest of us without any meaningful accountability - shows our constitution is not fit for purpose. https://lnkd.in/ebQ3Wb7g

The law and history of the Parthenon Marbles and why they should be returned to Greece - great to chat to Petrie Hosken on Talk Radio last night (plus why we both love the @britishmuseum mummified cat...) #ParthenonMarbles #ElginMarbles TalkTV https://lnkd.in/e9EFMaqE

I’ll be joining Petrie Hosken on Talk Radio this evening at 23:00 to talk about the Parthenon Marbles (“Elgin Marbles”) - Why are 2400 year old statues in the news? Why did Rishi Sunak pick now to make this an issue? Find out tonight… 🎙️🎙️🎙️

What’s the UK’s legal case for keeping the Parthenon Marbles (Elgin Marbles)? TLDR: it’s a bit dodgy (technical legal term). 1. Lord Elgin was given permission to remove the marbles by the Turkish forces occupying Greece in or around 1801. So any legal authority comes from a foreign occupying power. In other similar cases, this has been a factor invalidating any future right to possession. 2. The British govt at the time expressly refused Elgin’s request to fund artists to take casts of the marbles. Elgin was likely acting entirely without the authority of his superiors (and when he was supposed to be doing his job in Constantinople/Istanbul 3. The Ottoman occupiers granted Elgin a “firman” (decree from the Sultan) relating to the Marbles. Elgin claimed this granted him permission to remove them. 4. A parliamentary committee approved Elgin’s actions in 1816. Parliament then got around the legal problems by passing legislation requiring the marbles remain in the UK. 5. The firman itself largely relates to taking plaster moulds but does purport to grant the right to take “pieces of stone with old inscriptions and figures” 6. Many legal scholars have, however, questioned whether the document is a “firman” (carrying legal force) at all and suggest it appears more like a mere letter (with no legal force). 7. Greece has previously lost cases in UK courts seeking the return because the statute prohibits it. 19th century legalities aside, today it seems difficult to justify support for retaining parts of a monument that were looted with the connivance of an invading army.