Crimes of Arrival in the Nationality and Borders Bill – EIN Blog

Posted October 7th, 2021 in asylum, bills, immigration, international law, news, treaties by sally

‘The Nationality and Borders Bill further criminalises people coming to the UK to seek asylum. It does so by switching the emphasis from “entering” the UK to “arriving” in the UK. The difference is significant. Together with a combination of other powers, it means that people can be stopped from crossing the English Channel in small boats and turned away for criminal behaviour. If by luck they land on the English coastline, they can be prosecuted. But many such people will be asylum seekers, with a right to come to the UK and seek asylum. The proposal ignores the provision of the Refugee Convention (Article 31) that prohibits penalties being imposed on Refugees who enter or are present in a country without authorisation. The result is incompatible with UK international commitments.’

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EIN Blog, 6th October 2021

Source: www.ein.org.uk

Home Office chief refuses to tell MPs legal basis on which pushbacks in Channel can be used – The Independent

‘The Home Office has refused to disclose the legal basis on which it plans to use “pushbacks” in the English Channel to turn small boats around.’

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The Independent, 22nd September 2021

Source: www.independent.co.uk

In the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders Bill – EIN Blog

Posted September 16th, 2021 in asylum, bills, enforcement, immigration, international law, news, shipping law, ships by tracey

‘By its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and into international waters and into foreign waters. In so doing it seeks powers to stop, board, divert, and detain foreign ships and ships without nationality.’

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EIN Blog, 15th September 2021

Source: www.ein.org.uk

Insight: Is turning back migrants at sea compatible with international law? – House of Commons Library

Posted September 14th, 2021 in asylum, human rights, immigration, international law, news, treaties, United Nations by tracey

‘What does international law say about turning back migrants at sea, and can “pushback” tactics be used safely and legally?’

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House of Commons Library, 13th September 2021

Source: commonslibrary.parliament.uk

Legal experts worldwide draw up ‘historic’ definition of ecocide – The Guardian

‘Legal experts from across the globe have drawn up a “historic” definition of ecocide, intended to be adopted by the international criminal court to prosecute the most egregious offences against the environment.’

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The Guardian, 22nd June 2021

Source: www.theguardian.com

Torture victims kept in solitary by Home Office for up to a year – The Guardian

‘The Home Office has pursued a policy of psychological brutality by locking up scores of torture survivors in solitary confinement for indefinite periods, according to fresh testimony from immigration detainees.’

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The Guardian, 15th May 2021

Source: www.theguardian.com

The jurisdictional challenge of internet regulation – OUP Blog

Posted March 24th, 2021 in data protection, international law, internet, jurisdiction, news, privacy by sally

‘We live in an increasingly automated, data-driven world where choices and decisions are made for us, and sometimes, against us, and in which we are being subconsciously manipulated, based on the data trail we leave behind us. As a consequence, increasingly humanity is losing agency in favour of globally operating technology and media companies, who are building empires based on big data, data mining, and artificial intelligence. Their wealth and power stems from targeted advertising, but increasingly rests on the wealth of data and profiles of individuals which can be packaged and re-packaged to be sold to the highest bidder. The data collected is not just used for advertising, but also for surveillance, differential pricing, influencing elections, targeted misinformation, predicting sentiments in investment markets, and selling the data for managing corporate risk to the detriment of the consumer, particularly in respect of credit and insurance. Likewise, cybercrime uses techniques of profiling and exploitation of the vulnerable. The global data-driven economy is wide-ranging, has many benefits, but equally, high risks.’

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OUP Blog, 24th March 2021

Source: blog.oup.com

Government’s decision to cut international aid budget ‘was unlawful’ – The Independent

Posted March 22nd, 2021 in budgets, government departments, international law, news by tracey

‘The government’s decision to cut the international aid budget below its legal target was unlawful, a former director of public prosecutions has said. Lord Macdonald of River Glaven said new legislation would have been required to ditch the target of spending 0.7 per cent of international income on aid.”

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The Independent, 21st March 2021

Source: www.independent.co.uk

Trust in law at risk if ministers bypass parliament, says ex-legal chief – The Guardian

‘Public trust in the law is at risk if ministers continue to rush through hundreds of new rules and legislation, bypassing parliament and leaving citizens, businesses and police in the dark, the former head of the government’s legal department has said.’

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The Guardian, 18th February 2021

Source: www.theguardian.com

Case Comment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘In this post, Neil Newing and Olivia Flasch who both practice at Signature Litigation, comment upon the decision handed down by the UK Supreme Court in the matter of Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. They ask: is the decision a missed opportunity?’

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UKSC Blog, 2nd February 2021

Source: ukscblog.com

UN court rules UK has no sovereignty over Chagos islands – BBC News

Posted January 29th, 2021 in Chagos Islands, colonies, international law, news, United Nations by tracey

‘The maritime law tribunal of the United Nations has ruled that Britain has no sovereignty over the Chagos Islands.’

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BBC News, 28th January 2021

Source: www.bbc.co.uk

The Overseas Operations Bill ‘Does nothing to protect soldiers and breaches international law’ – Each Other

‘A former senior legal officer for the British Army has spoken out against The Overseas Operations Bill currently on its way through parliament, saying it does nothing to protect soldiers and breaches international law.’

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Each Other, 12th January 2021

Source: eachother.org.uk

UK to deny asylum to refugees passing through ‘safe’ third country – The Guardian

Posted December 11th, 2020 in asylum, brexit, government departments, immigration, international law, news, refugees by tracey

‘Ministers have quietly changed immigration rules to prevent people fleeing war or persecution from claiming asylum in the UK if they have passed through a “safe” third country, prompting accusations of a breach of international law. From 1 January, claims of asylum from a person who has travelled through or has a connection to a safe third country, including people coming from EU member states, will be treated as inadmissible.’

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The Guardian, 10th December 2020

Source: www.theguardian.com

Work begins on legal definition of ‘ecocide’ – Law Society’s Gazette

Posted December 1st, 2020 in environmental protection, international courts, international law, news by sally

“‘A panel of leading lawyers has been set up to draft a legal definition of “ecocide” as a potential international crime that could sit alongside war crimes, genocide and crimes against humanity.’

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Law Society's Gazette, 30th November 2020

Source: www.lawgazette.co.uk

Marina Litvinenko submits €3.5m ECHR claim against Russia – The Guardian

Posted November 16th, 2020 in compensation, damages, human rights, inquiries, international law, murder, news, poisoning, Russia by sally

‘The widow of Alexander Litvinenko has submitted a claim against Russia to the European court of human rights (ECHR), seeking €3.5m (£3.1m) in compensation for his murder by radiation poisoning in London.’

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The Guardian, 15th November 2020

Source: www.theguardian.com

Prosecution of trafficking victim not an abuse of process – UK Human Rights Blog

‘R v A [2020] EWCA Crim 1408. On 29/10/2020, the Court of Appeal dismissed an appeal against an aggravated burglary conviction brought by a teenage victim of human trafficking.’

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UK Human Rights Blog, 2nd November 2020

Source: ukhumanrightsblog.com

Barristers on AG panels “should consider resigning”, says top QC – Legal Futures

‘One of the country’s leading QCs has suggested that barristers on the Attorney General’s panels should consider resigning in protest at the government’s hostility to the law and lawyers.’

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Legal Futures, 13th October 2020

Source: www.legalfutures.co.uk

Legal profession hits back at Johnson over ‘lefty lawyers’ speech – The Guardian

“Lawyers say government’s hostility risks stirring up hatred and undermining rule of law.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

Brexit: EU launches legal action against UK for breaching withdrawal agreement – The Guardian

‘The EU has launched legal action against the UK after Boris Johnson failed to respond to Brussels’ demand that he drop legislation that would overwrite the withdrawal agreement and break international law.’

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The Guardian, 1st October 2020

Source: www.theguardian.com

Uighurs could be allowed to seek genocide ruling against China in UK – The Guardian

‘Uighurs and other Muslim minorities would be given the right to petition a UK high court judge to declare that genocide is taking place in China, requiring the UK government to curtail trade ties with Beijing, under proposals brought by MPs and peers.’

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The Guardian, 29th September 2020

Source: www.theguardian.com