Biography
Benedict Abrahamson Tendayi Chigara is Professor of Law, and the Head of Law and Criminology at Birmingham Newman University. For sixteen and a half years 2003 – 2019 he held the position of Full-Professor of Law at Brunel Law School, Brunel University of London.
Previous to that Benedict had held Law lectureships at: (i) 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; (ii) The University of Leeds, where he lectured under the guidance of Professor John Bell, in Jurisprudence, Contract Law, and in International Economic Law; (iii) 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).
In 2003 Benedict vacated his position at Warwick University to join Brunel University of 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. Benedict is the founding Director of Brunel University’s flagship Master of Laws programmes in International Law. He occupied significant 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 organisations. 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 has reviewed 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 Organisation (ILO); the Organisation 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); 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 Masters 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; Phillips-University Marburg, Germany; The University of Peshawar, Pakistan; Abo Akademi Institute of Human Rights – Turku, Finland; Hawasa University, Ethiopia; Potchefstroom University, South Africa; 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.
He has contributed as External Examiner at the University of Manchester; University of Newcastle, University of Cork, Ireland; Birkbeck University of London; Queen Mary University of London; University of Keele; University of Exeter; University of Hull, University of Salford; University of Lancaster, University of Liverpool, University of Central Lancashire, University of Buckingham; University of Cape Town; University of Stellenbosch; University of Namibia; etc. etc. Benedict holds several fellowships, including: Fellowship of the Higher Education Academy; Fellowship of the Institute of Leadership (London); Fellowship of the Reach Society (London); and Membership of Chartered Institute of Arbitrators (London). He holds degrees from The University of Nottingham (Ph.D. in Law); The University of Hull (LL.M. with Distinction & Best Performance Award); The University of Keele (BA Hons in Law & Psychology). He holds numerous professional certifications.
Profile
Research Interests
His current research focuses on three themes that are linked to his first research book (2001) on Legitimacy Deficit in International Law. Firstly, he is focused on challenges that have arisen and persisted around the question of whether subsequent state practice is at all relevant to the question of treaty interpretation or, treaty modification under Article 31 of the Vienna Convention on The Law of Treaties (1969). Cf. Benedict Abrahamson Chigara (2021) “Treaty-text-loyalists’ burden with Subsequent State Practice” Netherlands International Law Review, Vol. 68 Issue 1 pp. 61-88 ISSN: 0165-070X.
Secondly, he is examining the opportunities for holistic dispute settlement in international law, granted that Article 36(2) of the Statute of the International Court of Justice limits the Court’s jurisdiction to legal disputes only, precluding political disputes. Cf. Benedict Abrahamson Chigara (2023) “Politico-legal inter-state Disputes: Should the UN International Law Commission be requested to commence studies on the ‘Opportunities for Holistic Dispute Settlement?’” Oregon Review of International Law Vol 24 pp.145-194.
Thirdly, he is investigating the challenges around fairness consequent upon adjustments that result in a duality in judicial adjudication, when states introduce Diplock-Court-like Judicial Commissions for the adjudication of particular matters, taking such matters completely out of the normal judicial process. Cf. Benedict Abrahamson Chigara “Echoes of Diplock Courts in Qatar’s Judicial Committees: Duality or Diversity in the processing of Rental and Labour Disputes?” –The Journal of Comparative Law Vol. 2, August 2024 pp. 549-577.
Fourthly, he continues to shape discourse on post-colonial land reform policies of the SADC and their compliance with international human rights law and the rule of law. Cf. “Torrens imperatives for SADC Fast-track Land Reform Programs” African Journal of International and Comparative Law Vol. 31 Issue No.4 (2023) pp. 499-515.
His scholarly expertise has been recognized internationally in various ways. The American Society of International Law invited him in 2009 to write an expert entry for The International Legal Materials, setting out the SADC Tribunal decision in the McGowan Case, 18 Nov. (2008).
In 2020-2021 he facilitated a UN Capacity Building Project administered by Amsterdam University. His role included developing and delivering a programme of training on Modern Land Law Principles and Practice for Ethiopia’s Oromia State Judges and Prosecutors.
Experts in Land Rights regularly invite him to peer-review submissions and to contribute to their own works on Land Law and Policy issues. He has contributed to the prestigious New Oxford Companion to Law, the expert interpretation of the principle of “Terra nullius” in Peter Cane & Joanne Conaghan (eds. 2008) OUP pp. 1160-1; and “The Humwe principle: A social-ordering grundnorm for Zimbabwe and Africa?” in Robert Home (ed. 2011) Essays in African Land Law, (World Bank Funded Project) Pretoria University Law Press pp.113-33.
In June 2022 he was part of a group of experts selected to contribute to the UN Human Rights Council (Geneva) event chaired by China’s Permanent Mission to the UN on the impact of the legacy of colonialism on human rights protection in pursuit of UN General Assembly Resolution of 2021 which declared 2021 – 2030 as the Fourth Decade of tackling the legacy of colonialism.
He is affiliated to, and collaborates with the World Bank Global Partnerships Programme. He has contributed to the World Bank Policy Report (2022): The Global Forum on Law, Justice and Development Review of Legal Experiences and Global Practices Relating to Covid-19. He has a long collaboration with the ILO starting with his contribution to its Century Project 1919-2009.
His academic practice is diverse. He has enormous experience of reviewing professional matters as both a Professional Coach and Mentor; and as a pedagogician; and as University Executive Administrator. He has adjudicated international commercial disputes as an Arbitrator and advised foreign governments on confidential security, environmental, employment law and diplomatic matters.
He is the founding Editor-in-Chief of State Practice & International Law Journal (SPILJ), a peer reviewed journal. He has collaborated with the UN OHCHR, the ILO, the OECD and other international organizations and agencies in pursuit of a variety of policy objectives. He has spent the last three decades in full-time Higher Education and has been Chartered as a Fellow of the Higher Education Academy (UK); Fellow of the Institute of Leadership & Management (London); Fellow of the Reach Society (London); and as a Recognized Quality & Standards Developer under the Framework for Higher Education Council, Quality Assurance Agency (UK) at Brunel University of London. His charity associations with the REACH Society enable him to influence youngsters in London and surrounding areas to identify life-pathways for utilizing their talents and to make positive contributions to their families, communities, and the wider society.
Teaching
He is responsible for all research and teaching matters in Law and Criminology
Administrative Responsibilities
Head of Law & Criminology
Membership of Professional Organisations
MCIArb (London) – Member, Chartered Institute of Arbitrators
FInst.LM (London) – Fellow, Institute of Leadership and Management
FHEA – Fellow, Higher Education Academy
MILA – Member, International Law Association (British Branch)
Other Activities
He has supervised to successful completion as the First Supervisor, sixteen Ph.Ds including the following:
Dr Yousif Almosroui, “Jus-cogens and underenforcement theory” awarded 4 July 2023
Dr Fady Emil (Judge of the Court of Appeal, Egypt) Thesis Title: “Reconciling Public Policy and Patents in the TRIPS agreement” Awarded with minor corrections (31 August 2021.)
Dr Seyfullah Harsas Thesis Title: “Intervention in Internal Civil Conflicts under International Law” Awarded without corrections on 29 March 2021. * Published on 04 April 2022 BRILL NIJHOFF, Netherlands. ISBN: 978-90-04-51044-9 (https://brill.com/view/title/61862)
Dr. Heba Yehia Abdelmegeed “Transitional Governments and the Protection of Foreign Investments under International Law” (Awarded November 2019). Published
Dr. Josephat Chukwuemeka Ezenwajiaku, Rev. Fr. Title: “Territorial Integrity under Modern International Law” (awarded without corrections March 2018. * Published, 10 July 2021, Routledge, Abingdon. ISBN: 9780367353988 (https://www.routledge.com/State-Territory-and-International-Law/Ezenwajiaku/p/book/9780367353988)
Dr. Yahya Alshammari “International Legal Theory and Practice on self-determination” (awarded September 2014)
Dr. Rosanna Deplano (Italy) “Fragmentation of international law: The ALBA Model of Economic Integration” (awarded without corrections 2012). *Published by Springer, Netherlands (2015) ISBN: 978-3-319-21281-4 (https://link.springer.com/book/10.1007/978-3-319-21281-4)
Dr. Arul Kanelishigham, (Sri Lanka) “The unexpected consequences of the Most Favoured Nation and National Treatment Principles in International Trade Law” (awarded without corrections 2009)
Dr. Mahasen M. Aljaghoub, (Jordan) Warwick University 1st Supervisor (2002-3). * Published, Springer (2006) The Advisory Function of the International Court of Justice 1946-2005. ISBN: 978-3-540-35732-2 (https://link.springer.com/book/10.1007/978-3-540-35734-6)
Articles in Peer-Reviewed Journals include:
(2025) “Disruptive-era dynamics and the emergent Sovereign Wealth Investment practice” – a work in progress
(2024) “Enter Qatar’s Judicial Committees: Duality or Diversity in Dispute Settlement” The Journal of Comparative Law Vol.2 August 2024 pp.549-577
(2023) “Politico-legal inter-state Disputes: Should the UN International Law Commission be requested to commence studies on the ‘Opportunities for Holistic Dispute Settlement?’” – Oregon Review of International Law, Vol. 24 pp.145-194
(2023) “Torrens imperatives for SADC Fast-track Land Reform Programs” African Journal of International and Comparative Law Vol. 31 Issue No.4 pp. 499-515. Edinburgh University Press
(2021) “Treaty-text-loyalists’ burden with Subsequent State Practice” Netherlands International Law Review, Vol. 68 Issue 1 pp. 61-88 ISSN: 0165-070X
(2019) “Towards a nemo judex in parte sua critique of the International Criminal Court?” International Criminal Law Review, Vol. 19 (3). pp. 412 – 444. ISSN: 1571-8123
(2018) “National Courts and the Integrity of International Law” California Western International Law Journal, Vol. 48 (2). pp. 190 – 218.ISSN: 0886-3210
(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, Vol. 20 (1). pp. 173 – 217. ISSN: 1543-9860
(2017) “The administration of International Law in national courts and the legitimacy of International Law” International Criminal Law Review, Vol. 17 (5). pp. 909 – 934. ISSN: 1571-8123
(2017) “Incommensurabilities of the Southern African Development Community (SADC) Land Issue” African Journal of International & Comparative Law, Vol. 25 (3). pp. 295 – 325. ISSN: 0954-8890
(2012) What Should a Re-constituted Southern African Development Community (SADC) Tribunal Be Mindful of to Succeed? Nordic Journal of International Law Vol. 81 pp. 341-77.
(2009) “On the jurisprudential significance of the emergent deportation with assurance (DWA) State practice regarding individuals that are merely suspected but not charged with terrorist offences”, Maastricht Journal of European and Comparative Law vol. 16 No.3 pp.315-39.
(2009) “Southern African Development Community (SADC) Tribunal: Mike Campbell (Pvt) Ltd. and Others v. Republic of Zimbabwe”, International Legal Materials vol. 48 No.3 pp.530-3. (by invitation of the American Society of International Law)
(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 vol. 26 pp. 9-42 Lead Article
(2007) “Latecomers to the ILO and the Authorship and Ownership of the International Labour Code” Human Rights Quarterly vol.29 pp.706-26.
(2006) “Short-circuiting International Law”, Oregon Review of International Law vol.8 No.2 pp. 191-214.
(2003) “The Inherent Dignity of Mankind and the Contest for Labels in the Land Issue”, Nordic Journal of International Law vol.72 No.3 pp.369-397.
(2002) “Trade Liberalization: Saviour or Scourge of SADC Economies?” University of Miami International and Comparative Law Review vol. 10 No.1 pp.7 – 21. [Lead Article]
(2007) “The unfinished business of human rights protection and the war on terror”, Asian Yearbook of International Law vol.13 pp.3-20. [Lead Article]
(2001) “Humanitarian Intervention Missions: Elementary Considerations, Humanity and the Good Samaritans”, Australian Journal of International Law 66- 89
Books
(2001) Legitimacy Deficit in Custom: A deconstructionist critique, Ashgate, Aldersshot, pp.xxi + 363. ISBN 0-7546-2077-8. Reprinted, Routledge, London 2018.
(2002) Amnesty in International Law: Legality under International Law of National Amnesty Laws, Longman, London. pp. xvii + 190. ISBN No. 0582437938
(2004) Land Reform Policy: The Challenge of International Human Rights Law, Ashgate, Aldershot. pp. xiii + 252. ISBN 0 7546 2293 2. Reprinted, Routledge, London 2018.
Edited Books
Editor: (2012) Southern African Development Community Land Issues: Towards a New Sustainable Land Relations Policy, Routledge, Abingdon. Title categorized in the Publisher’s Major Works Series, with contributions from eminent Australian, American, Canadian, African, and European scholars. pp. xxi ISBN 978-0-415-67870-4
Editor: (2012) Re-conceiving Property Rights in the new millennium: Towards a New, Sustainable Land relations Policy, Routledge, Abingdon. Title categorized in the Publisher’s Major Works Series, with contributions from eminent Australian, American, Canadian, African, and European scholars. pp. xxi + 233. ISBN 978-0-415-67870-4
Chapters in Books include
(2022) “The norms jus cogens nature of the ILO regime on protection of Freedom of Association and Collective bargaining” in ILO 70th Anniversary of the Committee on Freedom of Association, ILO Pub. Geneva.
(2015) “Emergent Maritime Labour Law: Possible Implications for other Transnational Labour Fields” in Trebilcock, A. Handbook on Transnational Labour Law, Edward Elgar Publishers, pp. 343-56
(2021) ‘The Quasi-Supranational African Union and the International Criminal Court’ in Olufemi Amao, Michelle Olivier & K Magliveras (eds) The Emergent African Union Law: Conceptualization, Delimitation, and Application, Oxford University Press, 7 October 2021, ISBN: 0198862156 / 9780198862154 pp.248-68
(2021) World Bank Report on the Legal Experiences and Global Practices Relating to Covid 19” in Global Forum on Law Justice and Development, Nov. 2021. Published
(2011) “The Humwe principle: A social-ordering grundnorm for Zimbabwe and Africa?” in Robert Home (ed. 2011) Essays in African Land Law, (World Bank Funded Project) Pretoria University Law Press pp.113-33.