Lawyers join forces to hold first London disputes week – Litigation Futures

Posted December 3rd, 2018 in brexit, courts, dispute resolution, international law, jurisdiction, London, news by tracey

‘A host of top law firms, chambers, representative bodies and others are joining forces to launch London International Disputes Week (LIDW) next year.’

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Litigation Futures, 3rd December 2018

Source: www.litigationfutures.com

Speech by Lord Chancellor of the High Court: The City UK Launch – Courts and Tribunals Judiciary

‘Speech by Lord Chancellor of the High Court: The City UK Launch.’

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Courts and Tribunals Judiciary, 30th November 2018

Source: www.judiciary.uk

International law regarding use of force – OUP Blog

Posted November 19th, 2018 in international law, news, precedent, United Nations, use of force by states by sally

‘Through the power of precedent, international incidents involving the use of force help to clarify the meaning and interpretation of jus ad bellum, the corpus of rules arising from international custom and the United Nations Charter that govern the use of force. UN Charter Article 2(4) forbids states from using force in their international relations. Exceptions to this prohibition are acts taken in self-defence under UN Charter Article 51 or under the auspices of a UN Security Council authorization to use force under Article 42. States can also consent that another state use force in its territory, for example to combat rebel or terrorist actors. In certain cases, state practice gives rise to new interpretations of existing rules or novel exceptions emerge. Through the study of precedents scholars often consider whether or not there has been a shift in the legal landscape. To give but a few illustrations, commentators have questioned if States take measures of self-defence under Article 51 to protect nationals abroad (a justification that has been invoked at various moments, for instance by Russia in the context of the crisis in Georgia in 2008), if a right to humanitarian intervention has emerged (a discussion triggered by the Kosovo crisis in 1999), or if self-defence under Article 51 can be invoked against non-state actors (a topical debate in the post 9/11 era). Consequently, depending on the precedent’s facts and the arguments invoked by the main protagonists different legal issues can be triggered.’

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OUP Blog, 19th November 2018

Source: blog.oup.com

Supreme Court rejects time bar in passenger death at sea case – OUT-LAW.com

‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

Covered Investment in International Investment Law – Chapter in Investment Treaty Arbitration Review – 4 New Square

Posted November 2nd, 2018 in arbitration, international law, news, treaties by sally

‘Can Yeginsu (4 New Square Chambers) and Ceyda Knoebel (Gibson Dunn) examine the definition of “investment”, often a critical threshold question of jurisdiction in investor state arbitration.’

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4 New Square, 5th October 2018

Source: www.4newsquare.com

AI will prompt new contract law, says Supreme Court judge – OUT-LAW.com

‘Contract law will need to be updated, and new civil liability rules considered, to account for the use of artificial intelligence (AI) in financial services, a senior UK judge has said.’

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OUT-LAW.com, 30th October 2018

Source: www.out-law.com

Are You Being Served? Rules On International Service in Family Cases – Family Law Week

‘Sarah Lucy Cooper, barrister, Thomas More Chambers considers the issue of international service in family cases.’

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Family Law Week, 21st October 2018

Source: www.familylawweek.co.uk

Lord Carnwath at the Justice Human Rights Law Conference 2018, London – Supreme Court

‘Lord Carnwath at the Justice Human Rights Law Conference 2018, London. Human Rights and the Environment.’

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Supreme Court, 10th October 2018

Source: www.supremecourt.uk

Tanzil Chowdhury: Statutorising UK Military Deployments and Assessing Anxieties of Their Justiciability – UK Constitutional Law Association

Posted September 20th, 2018 in bills, constitutional law, international law, news, parliament, war by tracey

‘The paramount anxieties that emerge from attempts to statutorising Parliament’s role in making decisions on whether to commit military action abroad has not just been to do with deferring power from the executive to the Commons, but also with the potential justiciability of such decisions. While frequent attempts to table such bills are often accompanied with assurances that these fears are misplaced, this post argues that putting Parliament’s role in deployment decisions, considered a matter of high policy, on a statutory footing could pierce the seemingly impermeable veil of non-justiciability that attend them and subject these decisions to common law review – a development that ought to be welcome.’

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UK Constitutional Law Association, 17th September 2018

Source: ukconstitutionallaw.org

International Court of Justice begins hearing on Britain’s separation of Chagos islands from Mauritius – Daily Telegraph

Posted September 4th, 2018 in Chagos Islands, international courts, international law, news, repossession by sally

‘Britain has apologised for the “shameful” way it evicted islanders from the Chagos archipelago in the Indian Ocean, but insisted Mauritius was wrong to bring a dispute over sovereignty of the strategic atoll group to the United Nations’ top court.’

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Daily Telegraph, 3rd September 2018

Source: www.telegraph.co.uk

Appeal court rules that ministerial code does not dilute human rights – The Guardian

‘Human rights campaigners have lost a challenge against Theresa May in the high court in which she was accused of abandoning the longstanding principle that members of the government should be bound by international law.’

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The Guardian, 1st August 2018

Source: www.theguardian.com

Cyber and International Law in the 21st Century – Attorney General’s Office

Posted May 24th, 2018 in computer crime, international law, internet, speeches by tracey

‘The Attorney General Jeremy Wright QC MP this morning set out the UK’s position on applying international law to cyberspace. This is the first time a Government Minister has set out the UK view on record.’

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Attorney General’s Office, 23rd May 2018

Source: www.gov.uk/ago

The legal basis for air strikes against Syrian government targets – House of Commons Library

‘This paper looks at the general prohibition in international law on the use of force or threat of force directed at other states, and the legal advice on which the Government decided to participate with the US and France in air strikes on Syrian government targets on 14 April.’

Full text

House of Commons Library, 16th April 2018

Source: www.parliament.uk

Lord Lloyd-Jones at the Conseil d’Etat, Paris, France – Supreme Court

Posted March 2nd, 2018 in human rights, international law, speeches by tracey

‘General Principles of Law in International Law and Common Law.’

Full speech

Supreme Court, 2nd March 2018

Source: www.supremecourt.uk

Brexit bill may have broken international environment law, says UN – The Guardian

Posted January 10th, 2018 in bills, brexit, consultations, EC law, environmental protection, international law, news by sally

‘The British government may have breached a major “environmental democracy” law by failing to consult the public when drawing up Brexit legislation.’

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The Guardian, 9th January 2018

Source: www.theguardian.com

Brexit: solicitors welcome ‘breathing space’ deal – Law Society’s Gazette

‘Lawyers have welcomed with relief the declaration on ‘legal certainty and clarity’ – including mutual recognition and enforcement of judgments – in the Brexit phase 1 agreement reached on Friday. However the Law Society cautioned that the ‘real complexity’ of the deal lies ahead.’

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Law Society's Gazette, 10th December 2017

Source: www.lawgazette.co.uk

Improving UK Competitiveness, Strengthening the Rule of Law – Ministry of Justice

‘Dominic Raab addressed guests at the Policy Exchange in London for the launch of the Linklaters report ‘The Rule of Law: everyone has a part to play’.’

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Ministry of Justice, 7th December 2017

Source: www.gov.uk

Myths of Brexit – Speech by Lord Justice Hamblen

Myths of Brexit (PDF)

Speech by Lord Justice Hamblen

Conference organised by the Hong Kong Department of Justice entitled: “Impact of Brexit on the Development of Common Law, Dispute Resolution and Judicial Co-operation in civil and commercial matters”, 2nd December 2017

Source: www.judiciary.gov.uk

Do We Even Need Human Rights Anymore? – Rights Info

Posted December 11th, 2017 in documents, human rights, international law, news, United Nations by sally

‘Today [10 December] is International Human Rights Day, in recognition of the 10 December 1948, when the United Nations General Assembly adopted the Universal Declaration of Human Rights.’

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Rights Info, 10th December 2017

Source: rightsinfo.org

New Acts – legislation.gov.uk

Posted December 8th, 2017 in competition, EC law, international law, legislation, treaties by Verity

European Union (Approvals) Act 2017