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Prof. Michael RAMSDEN

Associate Professor

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(852) 3943 1141

(852) 2994 2505

michaelramsden@cuhk.edu.hk

Room 530
Faculty of Law
5/F, Lee Shau Kee Building
The Chinese University of Hong Kong
Sha Tin, NT, Hong Kong SAR

http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1662623

Professor Michael Ramsden currently serves as Director of the Research Postgraduate Programme. He previously served as the Assistant Dean (Research), Executive Director of the Centre for Rights & Justice, and Director of the LLB Double Degree Programme.

Prof. Ramsden is a barrister of Lincoln’s Inn and a door tenant at 25 Bedford Row (London). He previously held positions in the International Criminal Court (The Hague) and the Extraordinary Chambers in the Courts of Cambodia. He serves on the advisory boards of the  Universal Rights Group (Geneva and New York) and the International Rule of Law Initiative (Ottawa).

Prof. Ramsden has published extensively in the areas of domestic and comparative public law in common law systems, international institutional law and international human rights law. He has held research fellowships at Oxford, Cambridge, Berkeley, Columbia, University College London and the British Institute of International and Comparative Law. His research has been accepted in leading international journals, including the European Journal of International Law, International and Comparative Law Quarterly, International Journal of Constitutional Law, Yale Journal of International Law, Human Rights Law Review, International Journal of Human Rights, Journal of International Criminal Justice, Civil Justice Quarterly, Public Law, and Harvard Negotiation Law Review. His books have been published by Cambridge University Press, Oxford University Press and Edward Elgar Publishing. Prof. Ramsden welcomes Ph.D. and graduate student research proposals in his areas of research.

Prof. Ramsden is committed to experiential learning. Over the years he has coached teams at CUHK LAW that have won numerous major championships and awards in international mooting competitions, including in the Philip C. Jessup International Law Moot, International Criminal Court Moot, Red Cross International Humanitarian Law Moot, and the Law Asia International Law Moot. He also established the CUHK Clinic for Public Interest Advocacy, taking students out of the classroom and into the community to address the legal needs of the disadvantaged. His research on these experiential learning methods has been published in the Journal of Legal Education and The Law Teacher.

EDUCATION AND PROFESSIONAL QUALIFICATIONS

  • Barrister-at-Law; Bar Vocational Course (Outstanding), The Honourable Society of Lincoln’s Inn.
  • Doctorate in Public International Law, Leiden University, Grotius Centre for International Legal Studies.
  • Master’s in International Relations (First Class Honours), University of Cambridge, Robinson College.
  • Master’s in Public International Law (High Honours), University of California, Berkeley School of Law.
  • Bachelor of Laws (First Class Honours), King’s College London, School of Law.

        RESEARCH INTERESTS

        • International and comparative public law.
        • International institutional law.
        • International human rights law.

              REPRESENTATIVE PUBLICATIONS

              Books
              • Strategic Litigation Before the International Court of Justice (Routledge, forthcoming).
              • Hong Kong Basic Law Handbook (Sweet & Maxwell, 3rd edition forthcoming; 2nd edition, 2019; 1st edition, 2015)) (with Stuart Hargreaves).
              • International Justice in the United Nations General Assembly (Edward Elgar Publishing, 2021).
              • Judicial Review of Administrative Action Across the Common Law World: Origins and Adaptation (Cambridge University Press, 2021) (with Swati Jhaveri).
              • The Hong Kong Anti-Discrimination Ordinances (Sweet & Maxwell, 2nd edition, 2018; 1st edition, 2014) (with Hectar Pun and Ann Lui).
              • The Hong Kong Anti-Money Laundering Ordinances (Sweet & Maxwell, 2nd edition, 2017; 1st edition, 2014) (with Hans Mahnke, Sidney Yankson and Sharon Siu).
              • Administrative Law in Hong Kong (Lexis Nexis, 2nd edition, 2013; 1st edition, 2010) (with Swati Jhaveri and Anne-Scully-Hill).
              • The Hong Kong Minimum Wage Ordinance (Sweet & Maxwell, 2013) (with Luke Marsh).
              • The Hong Kong Employment Ordinances (Sweet & Maxwell, 2013) (with Luke Marsh, Miriam France, Farzana Aslam and Susanna Ng).
              • The Hong Kong Employment Ordinance (Sweet & Maxwell, 2012) (with Luke Marsh and Farzana Aslam).
              • Hong Kong Commercial Crimes Handbook (LexisNexis, 2010) (with Luke Marsh).
              • Effective Judicial Review: A Cornerstone of Good Governance (Oxford University Press, 2010) (with Christopher Forsyth, Mark Elliott, Swati Jhaveri and Anne Scully-Hill).
              Journal Articles
              • ‘Strategic Litigation in Wartime: Judging the Russian Invasion of Ukraine through the Genocide Convention’, Vanderbilt Journal of Transnational Law (forthcoming).
              • ‘Collective Legalization as a Strategic Function of the UN General Assembly in Responding to Human Rights Violations’, Wisconsin International Law Journal (forthcoming).
              • ‘Strategic Litigation Before the International Court of Justice: Evaluating “Impact” in the Campaign for Rohingya Rights’, European Journal of International Law (forthcoming).
              • ‘The Dialogic Function of ICJ Provisional Measures Decisions in the UN Political Organs: Assessing the Evidence’, American University International Law Review (forthcoming) (with Zixin Jiang).
              • ‘Uniting for Peace: The Emergency Special Session on Ukraine’, Harvard International Law Journal (online) (2022).
              • ‘Cooperation with United Nations Atrocity Inquiries’, 45(3) Fordham International Law Journal (2022) 473.
              • ‘The Crime of Genocide in General Assembly Resolutions: Legal Foundations and Effects’, 21(3) Human Rights Law Review (2021) 671.
              • ‘The Future of Wednesbury Unreasonableness in the Substantive Review of Administrative Discretion: A Hong Kong Perspective’, 9(1) The Chinese Journal of Comparative Law (2021) 51.
              • ‘Accountability for Crimes against the Rohingya’, 26 Harvard Negotiation Law Review (2021) 153.
              • ‘Defining Strategic Litigation’, 4 Civil Justice Quarterly (2019) 407 (with Kris Gledhill).
              • ‘Immigration Judicial Review in Hong Kong: The Developing Legal Framework’, 33(2) Journal of Immigration, Nationality and Asylum Law (2019) 177.
              • ‘Dualism in the Basic Law: The First 20 Years’, 49(1) Hong Kong Law Journal (2019) 239.
              • ‘Judging Socio-Economic Rights in Hong Kong’, 16(2) International Journal of Constitutional Law (2018) 447.
              • ‘Uniting Against Impunity: The UN General Assembly as Catalyst for Action at the ICC’, 66(4) International and Comparative Law Quarterly (2017) 893 (with Tom Hamilton).
              • ‘“Uniting for Peace” and Humanitarian Intervention: The Authorising Function of the UN General Assembly’, 25(2) Washington International Law Journal (2016) 267.
              • ‘Head of State Immunity and the Rome Statute: A Critique of the PTC’s Malawi and DRC Decisions’, 16(4) International Criminal Law Review (2016) 703 (with Isaac Yeung).
              • ‘Uniting for Peace in the Age of International Justice’, 42 Yale Journal of International Law (2016) 1.
              • ‘Uniting for MH17’, 6(3) Asian Journal of International Law (2016) 337.
              • ‘Developments in Hong Kong Legal Education’, 3(2) Asian Journal of Legal Education (2016) 144 (with Luke Marsh).
              • ‘British Air Strikes Against ISIS in Syria: Legal Issues Under the European Convention on Human Rights’, 2 European Human Rights Law Review (2016) 151.
              • ‘“Reasonable Grounds to Believe”: An Unreasonably Unclear Threshold in the Rome Statute’, 13(3) Journal of International Criminal Justice (2015) 555 (with Cecilia Chung).
              • ‘Reflections on a High School Mooting Competition: Bridging the Gap between Secondary and Tertiary Education’, 49(3) The Law Teacher (2015) 323 (with Luke Marsh).
              • ‘Same Sex Marriage in Hong Kong: The Case for a Constitutional Right’, 19(1) The International Journal of Human Rights (2015) 90.
              • ‘Reviewing the United Kingdom’s ICCPR Immigration Reservation in Hong Kong Courts’, 63(3) International and Comparative Law Quarterly (2014) 635.
              • ‘Refugees in Hong Kong: Developing the Legal Framework for Socio-Economic Rights Protection’, 14(1) Human Rights Law Review (2014) 267.
              • ‘Fostering Civic Engagement Through Legal Education: Observations from Hong Kong’, 1(1) Asian Journal of Legal Education (2014) 57 (with Luke Marsh).
              • ‘The Politicalisation of Hybrid Courts: Observations from the Extraordinary Chambers in the Courts of Cambodia’, 14(1) International Criminal Law Review (2014) 115 (with Tom Hamilton).
              • ‘Using Clinical Education to Innovate the Law Curriculum and Address an Unmet Legal Need: A Hong Kong Perspective’, 63(3) Journal of Legal Education (2014) 447 (with Luke Marsh).
              • ‘The “Right to Work” of Refugees in Hong Kong: MA v Director of Immigration’, 25(3) International Journal of Refugee Law (2013) 574.
              • ‘Hong Kong’s “High Standard of Fairness” and New Statutory Torture Screening Mechanism’, Public Law (Summer 2013) 232.
              • ‘Assessing US Targeted Killings Under An International Human Rights Law Framework’, (1) Groningen Journal of International Law (2013) 1.
              • ‘Using International Law in Hong Kong Courts: An Examination of Non-Refoulement Litigation’, 42(4) Common Law World Review (2013) 351.
              • ‘Using the ICESCR in Hong Kong Courts’, 42(3) Hong Kong Law Journal (2012) 839.
              • ‘Targeted Killings and International Human Rights Law: The Case of Anwar Al-Awlaki’, 16(2) Journal of Conflict and Security Law (2011) 385.
              • ‘Joint Criminal Enterprise: Cambodia’s reply to Tadić’, 11(1) International Criminal Law Review (2011) 137 (with Luke Marsh).
              • ‘EC Dawn Raids: A Human Rights Violation?’, 5(1) Competition Law Review (2008) 61 (with Imran Aslam).
              Book Chapters
              • ‘Reasonable Grounds to Believe’, in Max Planck Encyclopaedia of International Procedural Law (Oxford University Press) (forthcoming).
              • ‘The International Dimension of the Hong Kong Constitutional Order’, in Bui Ngoc Son, Ryan Mitchell and Stuart Hargreaves (eds) Routledge Handbook of Constitutional Law in Greater China (forthcoming).
              • ‘Strategic Refugee Rights Litigation in Hong Kong: Impact and Backlash’, in Vincent Chetail and Shuvro Sarker (eds.) Refugee Law in Asia (forthcoming).
              • ‘Misfeasance in Public Office’, in Tort Law & Practice in Hong Kong (Sweet & Maxwell, 4th edition, 2022; 3rd edition, 2014; 2nd edition, 2011) (with Peter Chang).
              • ‘Hong Kong Special Administrative Region of the People’s Republic of China’, in Jeff. King and Octávio Ferraz (eds), The Oxford Compendium of National Legal Responses to Covid-19 (2021, Oxford University Press) (with Stephen Thomson and Eric Ip).
              • ‘International Influences on English Judicial Review and Implications for the Exportability of English Law’, in Swati Jhaveri and Michael Ramsden (eds), Judicial Review Across the Common Law World: Origins and Adaptations (Cambridge University Press, 2021).
              • ‘English Administrative Law in Post-Handover Hong Kong’, in Swati Jhaveri and Michael Ramsden (eds), Judicial Review Across the Common Law World: Origins and Adaptations (Cambridge University Press, 2021).
              • ‘The International Responsibility of War Profiteers for Trafficking in Persons’, in Nina Jorgensen (ed), The International Criminal Responsibility of War’s Funders and Profiteers (Cambridge University Press, 2020).
              • ‘Bombardment’, in Dražan Djukić and Niccolò Pons (eds), The Companion to International Humanitarian Law (Brill, 2018).
              • ‘Economic Warfare’, in Dražan Djukić and Niccolò Pons (eds), The Companion to International Humanitarian Law (Brill, 2018).
              • ‘Common Article 1’, in Dražan Djukić and Niccolò Pons (eds), The Companion to International Humanitarian Law (Brill, 2018).
              • ‘Pathways to Social Transformation through Clinic: Developing a “Social Justice” Culture in Hong Kong’, in Shuvro Sarker (ed), Clinical Legal Education in Asia, (Palgrave Macmillan, 2015) (with Luke Marsh).
              • ‘Legal Education in Hong Kong: a History of Reform’, in Shuvro Sarker (ed), Legal Education in Asia, (Eleven Publishers, 2014) (with Luke Marsh and Christopher Young).
              • ‘Landlord and Tenant (Consolidation) Ordinance (Cap 7)’, in The Annotated Ordinances of Hong Kong (Lexis Nexis, 2nd edition, 2014; 1st edition, 2008).
              • ‘Trespass to Land’, in Tort Law & Practice in Hong Kong (Sweet & Maxwell, 3rd edition, 2014; 2nd edition, 2011) (with Patrick Siu).
              • ‘Education’, in Halsbury’s Laws of Hong Kong (LexisNexis, Vol. 10(1), 2013) (with Newton Mak).
              • ‘Employment’, in Halsbury’s Laws of Hong Kong (Lexis Nexis, Vol 10(2), 2013) (with Justin Ho).
              • ‘Discrimination’, in Halsbury’s Laws of Hong Kong (Lexis Nexis, Vol. 22, 2013) (with Luke Marsh)
              • ‘Human Rights’, in Halsbury’s Laws of Hong Kong (Lexis Nexis, Vol. 14, 2013).
              • ‘Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554)’, in The Annotated Ordinances of Hong Kong, (LexisNexis, 2012) (with Luke Marsh).
              • ‘Control of Obscene and Indecent Articles Ordinance (Cap 390)’, in The Annotated Ordinances of Hong Kong (Lexis Nexis, 2012) (with Luke Marsh).
              • ‘Foreign Judgments (Restriction on Recognition and Enforcement) Ordinance (Cap 46)’, in The Annotated Ordinances of Hong Kong (LexisNexis, 2011) (with Luke Marsh).
              • ‘Bribery, Corruption and Organised Crime’, in Halsbury’s Laws of Hong Kong (Lexis Nexis, Vol. 60, 2011).
              • ‘Professions and Trades’, in Halsbury’s Laws of Hong Kong (Lexis Nexis, Vol. 315, 2011).
              • ‘Contempt of Court’, in Halsbury’s Laws of Hong Kong (Lexis Nexis, Vol. 7(1), 2011) (with Luke Marsh).
              • ‘Evidence’, in Halsbury’s Laws of Hong Kong (LexisNexis, Vol. 12(1), 2011) (with Luke Marsh).
              • ‘Conflict of Laws’, in Halsbury’s Laws of Hong Kong, Vol. 100, 2010).
              • ‘Prevention of Bribery Ordinance (Cap 201)’, in The Annotated Ordinances of Hong Kong, (LexisNexis, 2010) (with Luke Marsh).
              • M. Ramsden, ‘Race Discrimination Ordinance (Cap 602)’, in The Annotated Ordinances of Hong Kong, (LexisNexis, 2009).
              • M. Ramsden, ‘Labour Tribunal’, in Hong Kong Civil Procedure (‘The White Book’) Vol. 3, Part R (Sweet & Maxwell, 2008).
              Other Commentaries
              • ‘Human Rights Acts: The Mechanisms Compared’ (2016) 132 Law Quarterly Review 170.
              • ‘R (on the application of Gentle and another) v Prime Minister; Appeal judgment [2008] UKHL 20’, Oxford Reports on International Law in Domestic Courts 8734 (Oxford University Press).
              • ‘Secretary of State for the Home Department v. MB (FC) (Appellant), House of Lords’ 2007 ILDC 825, Oxford Reports on International Law in Domestic Courts 825 (Oxford University Press).
              • ‘A necessary approach to the rule against double jeopardy?’, Archbold News (Vol. 2) (Sweet & Maxwell, 2010).
              • ‘Selection of Jurors.’ Archbold News (Vol. 2) (Sweet & Maxwell, 2010).