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

Why the UK-Rwanda Asylum Deal Risks Harming Global Standards – EIN Blog

Posted April 25th, 2022 in asylum, bills, government departments, immigration, international law, news by sally

‘Professor Heaven Crawley reflects on the newly announced asylum partnership agreement between the UK and Rwanda and its implications for and ramifications on global standards on refugees and asylum-seekers.’

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EIN Blog, 23rd April 2022

Source: www.ein.org.uk

War crimes: How are they defined, investigated and punished? – The Independent

Posted April 11th, 2022 in international courts, international law, news, Russia, Ukraine, war, war crimes, weapons by tracey

‘International Criminal Court’s chief prosecutor has already announced an investigation into Russia’s conduct in Ukraine as invasion continues and atrocities are alleged in Bucha.’

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The Independent, 10th April 2022

Source: www.independent.co.uk

Attorney General vows to put Russia’s war criminals ‘behind bars’ – The Independent

‘The Attorney General has vowed to put Russian soldiers found guilty of war crimes in Ukraine behind bars.’

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The Independent. 13th March 2022

Source: www.independent.co.uk

Russian oligarchs in UK face new laws tackling ‘dirty money’ – The Guardian

‘Boris Johnson has said that Russian oligarchs will no longer have a hiding place for their “ill-gotten gains” in the UK under legislation being introduced in parliament this week.’

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The Guardian, 28th February 2022

Source: www.theguardian.com

Nationality and Borders Bill: Why is it causing protests? – BBC news

‘Terrorists, war criminals, spies – that’s who the government says it’s targeting as part of a shake-up of immigration law. Under the Nationality and Borders Bill being debated in the House of Lords, if the British government wants to remove someone’s citizenship it will no longer need to tell them.’

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BBC News, 7th January 2022

Source: www.bbc.co.uk

Karolina Szopa: Condemning the Persecuted: Nationality and Borders Bill (2021) and Its Compatibility with International Law – UK Constitutional Law Association

Posted January 6th, 2022 in bills, immigration, international law, news, treaties by sally

‘In light of the ongoing migration issues, the UK’s government set out to reform the immigration system to make it fairer and more efficient, while aiming to tackle people smuggling and prevent unsafe routes to asylum. The Nationality and Borders Bill 2021, currently awaiting a second reading in the House of Lords, was introduced in July 2021 as a potential solution.’

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UK Constitutional Law Association, 6th January 2022

Source: ukconstitutionallaw.org

Channel deaths: the UK has clear legal responsibilities towards people crossing in small boats – EIN Blog

‘At least 27 people have drowned in the English Channel attempting to cross in a small boat. There were three children, seven women, one of whom was pregnant, and 17 men. Although a joint search and rescue operation was seemingly launched in the narrow maritime area between the UK and France (which is only 20 miles wide), the highly equipped authorities of both coastal states were not able to intervene in time to save the victims. The British government has responded to these deaths by calling on France to take back anyone who attempts the crossing. Speaking in parliament following the tragedy, Home Secretary Priti Patel placed heavy emphasis on the French government’s responsibility for the tragedy, which she said was “not a surprise”.

Regardless of how these people got there, the UK has clear legal responsibilities to anyone who finds themselves in trouble in the Channel. However much French authorities bolster their own efforts, the UK is obliged by multiple international conventions to maintain robust search and rescue operations in the area.’

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EIN Blog, 26th November 2021

Source: www.ein.org.uk

Priti Patel faces three legal challenges over refugee pushback plans – The Guardian

‘Priti Patel is facing three legal challenges over her controversial plans to push back refugees on small boats in the Channel who are trying to reach the UK.’

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The Guardian, 25th November 2021

Source: www.theguardian.com

What is ecocide and how does it affect our rights? – Each Other

‘Voices from around the world have called for leaders at COP26 to create international law against ‘ecocide’. Lucy Skoulding explores what ecocide means and how existing legislation could be used to prevent it.’

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Each Other, 4th November 2021

Source: eachother.org.uk

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