Good enough for jazz: how well does the government need to understand its Paris Agreement obligations? A case of emissions and omissions – UK Human Rights Blog

‘In R (Friends of the Earth Ltd) v Secretary of State for International Trade/UK Export Finance (UKEF) [2023] EWCA Civ 14, the Court of Appeal considered the implications of the Paris Agreement on climate change for governmental decision-making in relation to investing in a liquified natural gas project in Mozambique (the “Project”). Sir Geoffrey Vos MR, with whom Lord Justice Bean and Sir Keith Lindblom SPT agreed, dismissed Friends of the Earth’s appeal against the Divisional Court’s decision to dismiss their application for judicial review.’

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UK Human Rights Blog, 24th January 2023

Source: ukhumanrightsblog.com

London to host major international meeting on war crimes – Ministry of Justice

‘Justice ministers from around the world will convene in London in March to support the International Criminal Court (ICC) investigating alleged war crimes in Ukraine.’

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Ministry of Justice, 7th January 2023

Source: www.gov.uk

Preventing Sexual Violence in Conflict Initiative strategy – Government publications

‘This strategy sets out the UK government’s approach to preventing and responding to conflict-related sexual violence.’

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Government publications, 28th November 2022

Source: www.gov.uk

UK’s treatment of asylum seekers must comply with international law, UN says – The Independent

‘The UK should make sure its “treatment of asylum seekers complies with international laws”, members of the United Nations Human Rights Council said.’

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The Independent, 10th November 2022

Source: www.independent.co.uk

How Immigration Detention Violates People’s Human Rights – Each Other

‘People held in immigration detention have human rights – just like the rest of us. Under international law and the Human Rights Act 1998 (HRA), people have a right to liberty, a family life, an adequate standard of living and other aspects.’

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Each Other, 4th November 2022

Source: eachother.org.uk

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

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OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

Law Commission to review how private international law applies to digital assets and other emerging technology – Law Commission

‘The Law Commission of England and Wales has launched a Government-commissioned review that aims to provide clarity on how private international law rules can apply to emerging technology, such as digital assets and electronic trade documents.’

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Law Commission, 18th October 2022

Source: www.lawcom.gov.uk

Surgical Mesh claims stayed following recognition of Chapter 11 Proceedings (Re Astora Women’s Health LLC) – Gatehouse Chambers

Posted October 20th, 2022 in financial regulation, foreign companies, insolvency, international law, news by sally

‘The Insolvency and Companies Court has recognised Chapter 11 Proceedings in the US in respect of the manufacturer of controversial surgical mesh products which have generated a significant number of claims worldwide. The British Claimants have had their claims stayed as a result of this recognition.’

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Gatehouse Chambers, 11th October 2022

Source: gatehouselaw.co.uk

UK can take lead in averting mass atrocity crimes, MPs’ report says – The Guardian

‘The UK can take a lead in trying to forecast and avert mass atrocity crimes, MPs suggest in a report published on Monday.’

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The Guardian, 17th October 2022

Source: www.theguardian.com

New reforms to ensure UK retains position as a leader in international arbitration – Law Commission

‘The Law Commission of England and Wales has today unveiled new proposals to update the Arbitration Act 1996, to ensure that the UK continues to be the foremost destination for international arbitration.’

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Law Commission, 22nd October 2022

Source: www.lawcom.gov.uk

UK law firms banned from handling transactional work for Russians – Legal Futures

‘UK law firms will be unable to provide “transactional legal advisory services” to Russians after the government ratcheted up the sanctions regime yet further.’

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Legal Futures, 3rd October 2022

Source: www.legalfutures.co.uk

No diplomatic immunity for actions grounded in modern slavery allegations – UK Human Rights Blog

‘Basfar v Wong [2022] UKSC 20. Judgment here, links to hearings here. The landmark decision handed down on 6 July 2022 by a majority of 3 to 2 in the Supreme Court held that a serving diplomat does not enjoy immunity in an employment tribunal claim grounded in allegations of modern slavery.’

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UK Human Rights Blog, 18th July 2022

Source: ukhumanrightsblog.com

Research Briefing: Northern Ireland Protocol – House of Commons Library

‘Briefings on the Northern Ireland Protocol, including on EU-UK negotiations, Article 16, international law, and information on the UK Government announcement to change the Protocol through the Northern Ireland Protocol Bill.’

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House of Commons Library , 26th June 2022

Source: commonslibrary.parliament.uk

What is the European Court of Human Rights? Key questions as Rwanda flight grounded – The Independent

‘The first deportation flight of migrants to Rwanda was cancelled at the last minute on Tuesday night following interventions from the European Court of Human Rights.’

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The Independent, 15th June 2022

Source: www.independent.co.uk

Ronan Cormacain: Does the Vienna Convention provide a legal off-ramp for unilaterally changing the Northern Ireland Protocol? – UK Constitutional Law Association

‘The Northern Ireland Protocol is part of the Withdrawal Agreement, designed to set out the legal parameters of the withdrawal of the UK from the EU. The Government proposes to introduce legislation to unilaterally change the Protocol. On the face of it, this would appear to place the Government on the highway to a breach of international law. But are there any off-ramps which allow it to avoid this destination? This blog post examines one possible off-ramp, that this course of action is consistent with the Vienna Convention on the Law of Treaties 1969.’

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UK Constitutional Law Association, 13th June 2022

Source: ukconstitutionallaw.org

Externalisation of asylum in Europe: Unpacking the UK-Rwanda Asylum Partnership Agreement – EIN Blog

‘The UK-Rwanda Asylum Partnership Agreement (APA) is the latest in a line of cooperative asylum arrangements that seek to shift asylum responsibility from destination states in the Global North to countries in the developing world. Such arrangements are generally for the purpose of deterring and deflecting protection seekers and, as such, the APA should be understood as a form of externalisation, an umbrella concept for the efforts of certain states to externalise certain basic functions (in this case asylum processing and protection) in the areas of border control and asylum.’

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EIN Blog, 31st May 2022

Source: www.ein.org.uk

Sir Jonathan Jones QC (Hon): The Northern Ireland Protocol, International Law and the Attorney General – UK Constitutional Law Association

‘The Times recently (11 May 2022) reported that the Attorney General, Suella Braverman, had received, and given, legal advice to the effect that proposed government action in relation to the Northern Ireland Protocol was compatible with international law. As I write, we have still not seen details of either the proposals or the legal arguments on which the government intends to rely. What is going on?’

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UK Constitutional Law Associaiton, 30th May 2022

Source: ukconstitutionallaw.org

Reconsidering Asylum: Is it for those who need protection? – EIN Blog

Posted May 30th, 2022 in asylum, immigration, international law, news, refugees by sally

‘In a recent workshop, funded by the Society of Legal Scholars, several legal practitioners, NGOs, policy experts and legal scholars in the field of asylum and nationality studies came together to analyse the asylum related provisions of the new Nationality and Borders Act 2022 (“the Act”). Whilst in Bill form, the UNHCR found the provisions “would penalise most refugees seeking asylum in the country via damaging and unjustified penalties, creating an asylum model that undermines established international refugee protection rules and practices”.’

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EIN Blog, 26th May 2022

Source: www.ein.org.uk

International law should be applied to cyberspace, Attorney General to say – The Independnet

‘International law should be applied to cyberspace to make it clear when a nation state has acted unlawfully and what action can be legally taken in response to a cyberattack, the Attorney General will say.’

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The Independent, 19th May 2022

Source: www.independent.co.uk

Priti Patel’s Rwanda plan for UK asylum seekers faces its first legal challenge – The Guardian

‘The first legal action has been launched against Priti Patel’s plan to send asylum seekers to Rwanda as the UN’s refugee agency raised concerns that the UK is “inviting” other European countries to adopt the same divisive immigration policy.’

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The Guardian, 7th May 2022

Source: www.theguardian.com