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

Ronan Cormacain: The United Kingdom Internal Market Bill and Breach of Domestic Law – UK Constitutional Law Association

‘Huge controversy has already been generated over provisions in the United Kingdom Internal Market Bill granting Ministers the power to disapply the Withdrawal Agreement. Most of the debate (Elliott, Armstrong) has been focused on the potential breaches of international law. This could severely damage the reputation of the United Kingdom in the world. However, what has been relatively overlooked is that this Bill is also a flagrant attack on the Rule of Law at the UK domestic level. This remains the case even if amendments proposed by Sir Bob Neill MP (and apparently accepted by the Government) pass.’

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UK Constitutional Law Association, 23rd September 2020

Source: ukconstitutionallaw.org

Kenneth Armstrong: Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘Can the UK Breach the Withdrawal Agreement and Get Away With It? – the United Kingdom Internal Market Bill.’

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UK Constitutional Law Association, 9th September 2020

Source: ukconstitutionallaw.org

Senior government lawyer quits over Brexit plans – BBC News

‘The government’s most senior lawyer is to quit his post over plans which could modify the Brexit withdrawal agreement.’

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BBC News, 8th September 2020

Source: www.bbc.co.uk

UK plan to use navy to stop migrant crossings is unlawful, lawyers warn – The Guardian

‘Priti Patel’s plans to use the navy to tackle the growing number of migrants crossing the Channel from northern France would be unlawful and dangerous, lawyers have warned.’

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The Guardian, 7th August 2020

Source: www.theguardian.com

Shamima Begum can return to UK to fight for citizenship, Court of Appeal rules – BBC News

‘Shamima Begum should be allowed to return to the UK to fight the decision to remove her British citizenship, the Court of Appeal has ruled.’

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BBC News, 16th July 2020

Source: www.bbc.co.uk

Extradition and International update – 5SAH

Posted July 10th, 2020 in chambers articles, extradition, international law, news by sally

‘The newsletter features the following articles & videos:

– Louisa Collins: German Local Courts are Competent to Issue EAWs.
– Georgia Beatty: For Lexis Nexis – Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth).
– Ben Keith and Georgia Beatty: 5SAH Video – Anne Sacoolas – Extradition, Interpol and diplomatic immunity unravelled.
– Georgia Beatty: Interpol Red Notice issued against Anne Sacoolas – is prosecution in the UK possible?’

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5SAH, 1st July 2020

Source: www.5sah.co.uk

German Local Courts are Competent to Issue EAWs: Louisa Collins – 5SAH

Posted July 8th, 2020 in courts, foreign jurisdictions, international law, news, warrants by sally

‘The Divisional Court handed down its decision on 6th May 2020, in a renewed permission hearing, ruling that German local courts were competent to issue European Arrest Warrants: Shirnakhy & Hosseinali v Weiden Local Court, Germany, [2020] EWHC 1103 (Admin), Nicola Davies LJ and Lewis J presiding.’

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5SAH, 2nd July 2020

Source: www.5sah.co.uk

New UK law could challenge China over Hong Kong, but will it go far enough? – The Guardian

‘New UK human rights sanctions legislation set to be published in the next few weeks is being touted as a possible tool with which to confront Chinese officials over Hong Kong, but questions loom about whether the law’s range and impact can meet such high expectations.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

UK could be breaking international law over cladding, says UN – The Guardian

‘The UN has warned Britain that its failure to strip combustible cladding from high-rise buildings containing tens of thousands homes may be a breach of international law.’

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The Guardian, 28th June 2020

Source: www.theguardian.com

C-19 damage: does international law hold any answers? – UK Human Rights Blog

Posted June 1st, 2020 in China, coronavirus, damages, human rights, international law, news by sally

‘What is international law for, if it cannot be enforced against the country responsible for breach? That is the question raised by a recent report documenting a series of steps by the Chinese Communist party to conceal from the World Health Organisation and the rest of the world the outbreak and human-to-human transmission of coronavirus. If we want a rules-based international order to mean anything, the authors of the report point out, it must be upheld.’

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UK Human Rights Blog, 1st June 2020

Source: ukhumanrightsblog.com

A patent problem in the global antiviral race? – Counsel

‘Foreign patents could prevent UK citizens accessing treatment for COVID-19, warns Professor Mark Engelman.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

Interpol Red Notice issued against Anne Sacoolas – is prosecution in the UK possible? – 5SAH

‘Last December, Anne Sacoolas was charged with causing death by dangerous driving following a road traffic accident in which 19-year-old Harry Dunn lost his life. It is alleged that she was driving on the wrong side of the road at the time. Mrs Sacoolas’ husband was employed in some official capacity at a United States Air Force communication station based at RAF Croughton.’

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5SAH, 13th May 2020

Source: www.5sah.co.uk

What are likely to be barriers in being able to effect valid service? – Hardwicke Chambers

Posted April 20th, 2020 in chambers articles, international law, news, service by sally

‘It is assumed that the reference to the ‘Hague Convention’ is to the Hague Service Convention, concluded as part of the Hague Conference on Private International Law in 1965 (“the Convention”).’

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Hardwicke Chambers, 7th April 2020

Source: hardwicke.co.uk

Calls for Sheikh Mohammed to face justice over family abduction – BBC News

Posted March 6th, 2020 in children, families, forced marriages, international law, kidnapping, news by tracey

‘Ministers, police and prosecutors are under pressure to bring the ruler of Dubai to justice after a UK judge ruled that he orchestrated the abduction of two of daughters – one from the streets of Cambridge.’

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BBC News, 5th March 2020

Source: www.theguardian.com

The luck of the law – when is criminal conduct a matter of concern to the international community? – 6KBW College Hill

Posted February 11th, 2020 in chambers articles, genocide, international courts, international law, news, torture by sally

‘Certain crimes transcend the territorial confines of any State and become a matter of concern to the world as a whole. In those cases, where a domestic prosecution is not likely or possible, other States or international courts may step in. Such crimes may qualify by the gravity of the acts themselves, as with genocide or crimes against humanity, or by the context in which they are committed, as in war crimes. Yet two recent cases – one in the UK, one at the International Court of Justice – demonstrate that external political factors can be equally determinative of whether a prosecution for the gravest of crimes will take place.’

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6KBW College Hill, 11th February 2020

Source: blog.6kbw.com

UK could forfeit security council seat over Chagos Islands dispute – The Guardian

Posted January 6th, 2020 in Chagos Islands, human rights, international law, news, United Nations by sally

‘The UK could lose its permanent seat on the UN security council unless it resolves the future of the Chagos Islands, the archipelago in the Indian Ocean whose largest island, Diego Garcia, is a US military base.’

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The Guardian, 5th January 2020

Source: www.theguardian.com

10 cases that defined 2019 – UK Human Rights Blog

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Why ‘where’ matters – jurisdiction considerations for international divorces – Family Law

Posted December 20th, 2019 in brexit, divorce, EC law, families, foreign jurisdictions, international law, jurisdiction, news by tracey

‘The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.’

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Family Law, 18th December 2019

Source: www.familylaw.co.uk