Biography

Qualifications:

• B.A. LL.B (Cape Town) 
• Postgraduate Diploma in Tax Law (Cape Town)
• Postgraduate Diploma in Law (Commercial Law) (Cape Town)
• Certificate in Learning and Teaching in Higher Education (Leeds)

Previous Appointments:

• Lecturer in Law, Faculty of Law, University of Leeds
• Assistant Lecturer, Department of Commercial Law, University of Cape Town

University Activities:

• Co-organiser (with Matthew Happold) of the 22nd Conference on Theory and International Law (co-hosted by the Society of Legal Scholars and the British Institute of International and Comparative Law)  Sanctions and Embargoes: International Law and Contemporary Practice held in the Council Chamber, Charles Clore House, Russell Square, London on 29th April 2013. Speakers included Dr Rachel Barnes (LSE and 3 Raymond Buildings), Pierre-Emmanual Dupont (Uguen Vidalenc & Associes, Paris), Dr Clemens Feinaeugle (Max Planck Institute for International, European and Regulatory Procedural Law, Luxembourg), Professor Vera Gowlland-Debbas (Graduate Institute of International and Development Studies, Geneva), Maya Lester (Brick Court Chambers), Penelope Nevill (20 Essex Street), Dr Alexander Orakhelashvili (University of Birmingham), Dr Antonios Tzanakopoulos (St Peters, Oxford), Dr Alex Vines OBE (Chatham House).
• Co-organiser (with Matthew Happold) of the 21st Conference on Theory and International Law (co-hosted by the Society of Legal Scholars and the British Institute of International and Comparative Law)  Contemporary Issues in Statehood and Recognition held in the Council Chamber, Charles Clore House, Russell Square, London on 30th April 2012. Speakers included Professor Eileen Denza (UCL - retired), Dr Thomas D. Grant (Lauterpacht Centre, University of Cambridge), Dr Jure Vidmar (University of Oxford), Dr Martin Dawidowicz (Lalive, Geneva), Dr James Summers (Lancaster University), Dr Jean d'Aspremont (University of Amsterdam) and Naina Patel (Blackstone Chambers).
• Organiser - Corporate Social Responsibility Workshop (under the auspices of the Centre for Responsibilities, Rights and the Law) held on 18th April 2012. Speakers: Dr Dinah Rajak and Jane Claydon (University of Sussex).
• Co-organiser (with Matthew Happold) of the 20th Conference on Theory and International Law (co-hosted by the Society of Legal Scholars and the British Institute of International and Comparative Law)  Diplomatic and Consular Protection in the 21st Century held in the Council Chamber, Charles Clore House, Russell Square, London on 3rd May 2011. Speakers included Shedzad Charania (FCO), Dr Fiona de Londras (UCD School of Law), Professor Guy Goodwin-Gill (All Souls College, Oxford), Ben Juratowitch (Freshfields Bruckhaus Deringer LLP, Paris), Colin Murray (University of Newcastle), Maaike Okano-Heijmans (Netherlands Institute of International Relations), Simon Olleson (13 Old Square), Dr. Annemarieke Vermeer-Künzli (University of Amsterdam).
• Programme Convenor, LL.B Law and/with Business - 2010 to date
• LPS Academic Misconduct Investigating Officer - 2010 to date
• Co-organiser (with Matthew Happold) of the 19th Conference on Theory and International Law (co-hosted by the Society of Legal Scholars and the British Institute of International and Comparative Law) - State Immunity and Human Rights held in the Council Chamber, Charles Clore House, Russell Square, London on 12th April 2010. Speakers included Dapo Akande (St Peter's College, Oxford), Professor Craig Barker (University of Sussex), Professor Maria  Gavvouneli (University of Athens), Christopher Hall (Amnesty International), Richard Hermer QC (Doughty Street Chambers), Professor Claus Kreß (University of Cologne), Lorna McGregor (Redress), Daniel Machover (Hickman & Rose), Dr Roger O'Keefe (Magdalene College, Cambridge).
• Organiser - Corporate Social Responsibility Workshop (under the auspices of the Centre for Responsibilities, Rights and the Law) on 17th March 2010. Speakers included Dr Sorcha MacLeod (University of Sheffield), Rebecca McKelvie and Sarah Davey (Unversity of Sussex).
• Co-organiser (with Matthew Happold) of the 18th Conference on Theory and International Law (co-hosted by the Society of Legal Scholars and the British Institute of International and Comparative Law) - The Relationship between International Humanitarian Law and International Human Rights Law held in the Council Chamber, Charles Clore House, Russell Square, London on 6th May 2009. Speakers included Professor Iain Scobbie (School of Oriental and African Studies), Professor Françoise Hampson (University of Essex), Professor Dominic McGoldrick (University of Liverpool), Professor Robert Cryer (University of Birmingham), Professor Bill Bowring (Birkbeck, University of London), Col. (retd) Charles Garraway (Chatham House) and Phil Shiner (Public Interest Lawyers). Selected papers from this conference were published in a special issue of (2010) 14 Journal of Conflict and Security Law.
• International Law Mooting Co-ordinator - 2008 to 2010
• Programme Convenor, LLM in International Trade Law - 2006 to 2008 
• Deputy Chair, Law Undergraduate Examination Board (previously known as the Exam Convenor or Academic Secretary) - 2004 to 2005
• Co-organiser (with Emily Haslam and Harry Rajak) of an international conference - 11 September: A Turning Point in International and Domestic Law? - held at the University of Sussex on 21-22 March 2003. Sponsored by the British Academy and the Society of Legal Scholars. Speakers included Professor Ruth Wedgwood (Johns Hopkins School of International Relations), Professor John Dugard (University of Leiden), Professor Dinah Shelton (Notre Dame Law School), Dr Christine Gray (University of Cambridge), Professor Philippe Sands (University College, London), Professor Martin Shaw (University of Sussex) and Professor Colin Harvey (Queens University, Belfast).
• Vice-Chair, School of Legal Studies Examination Board - 1999 to 2001

External Activities:

• Co-convenor (and treasurer) of the SLS International Law Subject Group - 2010 to date
• External Examiner, Law School, University of Hull - September 2008 to 2011
• UK Reporter (with Professor J C Barker) for The Oxford Reports on International Law in Domestic Courts (ILDC) - January 2006 to 2008
• External Examiner for the MA in Diplomacy, Law and Global Change at Coventry University - 1 January 2001 to 31 December 2004
• Member of English National Organizing Committee of the Telders International Law Moot Court Competition - 1998 to 2001

Public Service:

• I acted for a claimant in an appeal regarding a claim for jobseeker's allowance. After extensive written submissions and two oral hearings a reference was made to the European Court of Justice under Article 234 (ex Article 177) of the EC Treaty on 28th March 2002 and the case was entered into the register of the Court under case number C-138/02, Brian Francis Collins v Secretary of State for Work and Pensions ([2005] QB 145, [2004] 3 WLR 1236, [2004] CMLR 8)
• In the national proceedings I was the claimant's sole representative and I prepared the written submissions and delivered the oral arguments before both the Leeds Social Security Appeal Tribunal and the Social Security Commissioner. In the proceedings before the ECJ, the claimant was represented by Richard Drabble QC instructed by the Child Poverty Action Group (Stewart Wright) in a co-representative capacity with myself.
• The judgment of the Full Court of the ECJ was delivered on 23rd March 2004. After two further written submissions and an oral hearing, the Commissioner's decision was issued on 4th March 2005.
• A further appeal to the Court of Appeal by the Child Poverty Action Group was unsuccessful and leave to appeal to the House of Lords was refused. See Collins v Secretary of State for Work and Pensions [2006] EWCA Civ 376, [2006] 1 WLR 2391, [2006] ICR 1033.
• Both the judgment of the Court of Appeal and the Commissioner's decision (CJSA/4065/1999) can be found at: www.bailii.org

• In the field of International Law, I am currently researching the issue of plurilingualism in relation to multilateral treaties. I have completed a book chapter on aspects of the interpretation of plurilingual treaties and I currently engaged in a more conceptual and theoretical analysis.
• In the field of Commercial law, my primary focus is on the relationship between property law and commercial law with special reference to the role of equitable property interests in commercial transactions. I have presented conference papers and published journal articles and book chapters on the subject.

Other Areas of Research:

• The Crime of Apartheid
• Codification of (international) criminal law and criminal law defences (theory of)
• Statehood and Recognition (with particular emphasis on the role of the United Nations)
• International Measures to Prevent the Financing of Terrorism

Edited Books:

• September 11, 2001: A Turning Point in International and Domestic Law (with Thérèse O’Donnell) (Transnational Publishers, Ardsley, New York, 2005)
• Companies Act, 61 of 1973 and Close Corporations Act 69 of 1984: with regulations, tables of cases and indexes (with J T Pretorious) (Juta & Co Ltd, Cape Town, 1991) also published as Maatskappywet 61 van 1973 en Wet op Beslote Korporasies 69 van 1984: met regulasies, vonnisregisters en bladwysers

Chapters in Books:

• "Plurilingual Treaties: Aspects of Interpretation" in Alexander Orakhelashvili and Sarah Williams (eds) 40 Years of the Vienna Convention on the Law of Treaties (BIICL, London, 2010) 155-182
• "Re Goldcorp Exchange Revisited” in Elizabeth Cooke (ed) Modern Studies in Property Law - Volume 3: Property 2004 (Hart, Oxford, 2005) 177-199
• “Introduction” in Paul Eden and Thérèse O’Donnell (eds) September 11, 2001: A Turning Point in International and Domestic Law (Transnational Publishers, Ardsley, New York, 2005) (with Thérèse O’Donnell) 3-24
• “International Measures to Prevent and Suppress the Financing of Terrorism” in Paul Eden and Thérèse O’Donnell (eds) September 11, 2001: A Turning Point in International and Domestic Law (Transnational Publishers, Ardsley, New York, 2005) 647-684
• “The Equitable Ownership of Shares” in Elizabeth Cooke (ed) Modern Studies in Property Law - Volume 2: Property 2002 (Hart, Oxford, 2003) 183-201
• “Electronic Commerce – Law and Policy” in Yaman Akdeniz, David Wall and Clive Walker (eds) The Internet, Law and Society (Longmans, Harlow, 2000) 349-369

Journal Articles:

• “The Role of the Rome Statute in the Criminalization of Apartheid” (2014) 12 Journal of International Criminal Justice (forthcoming).
• "Palestinian Statehood: Trapped between Rhetoric and Realpolitik" (2013) 62 International and Comparative Law Quarterly 225 - 239
• “'Wish you weren’t here!' The House of Lords and ‘benefit tourism’" (2000) 1 Hibernian Law Journal 324-338
• "Beneficial Ownership of Shares: The Implications of Re Harvard Securities” (2000) 16 Insolvency Law and Practice 134-7 and 175-8
• "The Deductibility of Losses resulting from Irrecoverable Loans” [1995] Acta Juridica 28-55
• “Criminal Liability and the defence of Superior Orders” (1991) 108 South African Law Journal 640-655

Shorter Articles:

• "Symposium: The Relationship between International Humanitarian Law and International Human Rights Law" (2010) 14 Journal of Conflict and Security Law 441-447 (with Matthew Happold)
• “Solomon or Pontius Pilate? The Law Commission and the Death Penalty” (1993) 9 South African Journal of Human Rights 297-301
• “The Administrative Act of Income Tax Assessment: The Tyranny of the Unexercised Discretion” (1992) 109 South African Law Journal 696-707 (with T S Emslie)

Casenotes:

• A (FC) and others v. Secretary of State for the Home Department [2005] UKHL 71; ILDC 363 (UK 2005) in Oxford Reports on International Law in Domestic Courts (ILDC) - an OUP online database
• Occidental Exploration and Production Co. v. Equador [2005] EWCA Civ 1116; ILDC 201 (UK 2005) in Oxford Reports on International Law in Domestic Courts (ILDC) - an OUP online database
• Equador v Occidental Exploration and Production Co. [2005] EWHC 774 (Comm); ILDC 92 (UK 2005) in Oxford Reports on International Law in Domestic Courts (ILDC) - an OUP online database
• R v. Zardad (Royal Courts of Justice - Central Criminal Court (Old  Bailey) 7 April 2004) Case No T2203 7676; ILDC 95 (UK 2004) in Oxford Reports on International Law in Domestic Courts (ILDC) - an OUP online database
• “Provocation and the Onus of Proof” – Michael Yearwood v. The Queen [2001] UKPC 31 in (2002) 66 Journal of Criminal Law 239-242
• “Fraudulent Evasion of Prohibition on Importation of Goods” - R v Forbes (Giles) [2001] UKHL 40, [2001] 3 WLR 428” in (2002) 66 Journal of Criminal Law 53-56
• The taxation of trusts in South African Law or Can a Trust be Taxed?” (1991) 108 South African Law Journal 231-237 (with T S Emslie)

Book Reviews:

• Review of The Irish Yearbook of International Law (2008) 79 British Yearbook of International Law 402-403
• Review of Arianna Pretto-Sakmann Boundaries of Personal Property: Shares and Sub-Shares (Hart, Oxford, 2005) in [2006] 70 The Conveyancer and Property Lawyer 309-318
• Review of Iwan Davies (ed) Security Interests in Mobile Equipment (Ashgate, Aldershot, 2002) in (2004) 2 Journal of International Commercial Law 413-419
• Review of Leslie C. Green Essays on the Modern Law of War 2^nd edn. (Transnational Publishers, New York, 1999) in (2002) 51 International and Comparative Law Quarterly 189-190
• Review of Clive Symmons Ireland and the Law of the Sea 2^nd edn. (Round Hall/Sweet and Maxwell, Dublin, 2000) in (2001) 50 International and Comparative Law Quarterly 467-8

Conference Papers and other Research

• "Palestinian Statehood: Trapped between Rhetoric and Realpolitik" - a paper given on 30 April 2012 at Contemporary Issues in Statehood and Recognition, 21st Conference on Theory and International Law co-organised by the Society of Legal Scholars International Law Subject Section and the British Institute of International and Comparative Law and held at Charles Clore House, 17 Russell Square, London.
• "Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) (ICJ judgment of 3 February 2012)" - a paper (delivered jointly with Professor Craig Barker) given on 9 March 2012 at State Immunity and Human Rights a workshop organised by the the Centre for Rights, Responsibilities and the Law at the University of Sussex as part of their 2012 seminar series Rights in an Age of Responsibilities and held in the Friston Building at the University of Sussex.
• "Assessing the effectiveness of international measures to prevent and suppress the financing of terrorism since 11 September 2001" - a paper given on 11 July 2006 at The 'War on Terrorism': Legal, Military and Political Strategies a two day international conference organised by the International & European Law Unit, Liverpool Law School (with sponsorship from the Society of Legal Scholars and the British Red Cross) and held at the University of Liverpool on 11-12 July 2006
• "C-138/02, Brian Francis Collins: A Practitioner's View" - a paper given at Contours of Citizenship in EU Law a one-day workshop exploring European citizenship from immigration, free movement and constitutional perspectives held at the Sussex Law School on 9th February 2005
• "Re Goldcorp Exchange Ltd Revisited" - a paper given at the 5th Biennial Centre for Property Law Conference at the University of Reading on 25th March 2004. Published in Modern Studies in Property Law - Volume III: Property 2004 edited by Elizabeth Cooke (Hart, Oxford, 2005) 177-199
• "The legal effect of transfers of shares in breach of transfer restrictions in the articles of association" - a paper given on 17th September 2003 at the Company Law section of the 2003 Society of Legal Scholars conference held at St Catherine's College, Oxford 17-20th September 2003
• "The Equitable Ownership of Shares" - a paper given at the 4th Biennial Centre for Property Law Conference at the University of Reading on 25th March 2002. Published in Modern Studies in Property Law - Volume II: Property 2002 edited by Elizabeth Cooke (Hart, Oxford, 2003) 183-201
• "Electronic commerce - law and policy" a paper delivered to a Socrates Workshop on Information Law and Technology at the School of International Studies and Law, University of Coventry on 12 March 1999
• "Practice note no. 31 and the deductibility of losses arising from loans becoming irrecoverable" a seminar paper delivered to the Business Law Research Group at the University of Leeds on 21 November 1995
• "The Long Paw of the Law: The Admissibility of Tracker Dog Evidence or When is a police dog's bark worse than his bite?" A public lecture given in the High Court, Bulawayo, Zimbabwe at the invitation of the Legal Resources Centre (Bulawayo Branch), January 1995 (11 pages)

Postgraduate Teaching:

• Carriage by Air (not running in 2013-2014)
• Carriage of Goods by Sea (not running in 2013-2014)
• International Trade: Issues and Challenges
• Law of International Business Transactions

Undergraduate Teaching:

• Commercial Law (course convenor)
• International Litigation (not running in 2013-2014)
• Introduction to Business Law (course convenor)
• Personal Property Law  (not running in 2013-2014)
• Public International Law (Autumn term lectures only)

I will be on research leave from December 2013

Student Consultation

My office hours are on Wednesdays 10:30—10:50 and 13:30—13:50. My email address is: p.a.eden@sussex.ac.uk. If you are unable to attend my scheduled office hours, please email me to make alternative arrangements. My final scheduled office hours will be on Wednesday 22 May 2013 (the date of the Commercial Law examination).

Eden, Paul (2013) Palestinian statehood: trapped between rhetoric and realpolitik. International and Comparative Law Quarterly, 62 (1). pp. 225-239. ISSN 0020-5893 (In Press)

Eden, Paul (2003) The equitable ownership of shares. In: Modern studies in property law - volume II: property 2002. Hart Publishing, Oxford, pp. 183-201. ISBN 9781841131733