Category: international law

10 cases that defined 2019 – UK Human Rights Blog

Posted December 20th, 2019 in appeals, asylum, benefits, birth certificates, brexit, Chagos Islands, citizenship, colonies, constitutional law, data protection, detention, EC law, equality, facial mapping, families, gender, housing, human rights, immigration, international law, investigatory powers, jurisdiction, news, parental rights, parliament, police, prerogative powers, privacy, prorogation, rent, Supreme Court, terrorism, transgender persons by tracey

‘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

Consent and expediency: binding non-signatories to international arbitration agreements – Six Pump Court

Posted December 4th, 2019 in arbitration, consent, enforcement, international law, news by sally

‘The issue of whether non-signatories to arbitration agreements can nevertheless be bound by such agreements is one of increasing importance as recourse to arbitration grows. The traditional limits of arbitration as defined by consent have come under increasing pressure given the enthusiasm for arbitration as the preferred means of dispute resolution in the context of international agreements.’

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Six Pump Court, 2nd December 2019

Source: www.6pumpcourt.co.uk

‘Deplorable and terrible’: Bar warned of UK’s dwindling role on world stage – Law Society’s Gazette

Posted November 27th, 2019 in barristers, brexit, international law, judiciary, legal profession, news, parliament, prorogation by sally

‘The United Kingdom’s legal status on the global stage is under threat, an international law expert has warned, citing Brexit, the prorogation of Parliament and the dwindling count of UK judges serving on the benches of international judges.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

UK defies UN deadline to return Chagos Islands – The Guardian

Posted November 22nd, 2019 in Chagos Islands, citizenship, colonies, international courts, international law, news, time limits, United Nations by tracey

‘Refusal to return archipelago to Mauritius “lawless” and “reflects colonial mindset” says barrister.’

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The Guardian, 22nd November 2019

Source: www.theguardian.com

International Criminal Court may investigate UK ‘war crimes cover-up’ – BBC News

Posted November 18th, 2019 in Afghanistan, armed forces, inquiries, international courts, international law, news, unlawful killing, war, war crimes by sally

‘The International Criminal Court could open its first investigation into the British military following a BBC programme about alleged war crimes.’

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BBC News, 18th November 2019

Source: www.bbc.co.uk

Commonwealth head warns of dangers of denying justice to all – The Guardian

Posted November 5th, 2019 in budgets, climate change, computer crime, corruption, international law, legal aid, legal representation, news, rule of law by sally

‘Denying access to justice risks creating fresh conflicts at a time when the international rule of law is under threat, the Commonwealth secretary general has warned ahead of a meeting of the organisation’s law enforcement officers.’

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The Guardian, 5th November 2019

Source: www.theguardian.com

Tory minister admits UK breached court order banning arms sales to Saudi Arabia again – The Independent

Posted September 27th, 2019 in appeals, export controls, government departments, international law, licensing, news, sale of goods, Saudi Arabia, war, weapons by tracey

‘The government has again admitted breaching a court order banning arms sales to Saudi Arabia over concerns they could be used in the Yemen war.’

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The Independent, 26th September 2019

Source: www.independent.co.uk

Government apologises for breaching court ruling against arms sales to Saudi Arabia – The Independent

Posted September 17th, 2019 in appeals, export controls, government departments, international law, news, sale of goods, Saudi Arabia, war, weapons by tracey

‘The government has apologised for breaching a court ruling against the sale of weapons to Saudi Arabia that could be used in the Yemen conflict.’

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The Independent, 16th September 2019

Source: www.independent.co.uk

Philip Allott: The Legality of a No-Deal Brexit Could Be Challenged – UK Constitutional Law Association

Posted September 3rd, 2019 in brexit, EC law, international law, interpretation, news, time limits, treaties by sally

‘It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision on a ‘no deal’. That will be a choice for the British.’’

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UK Constitutional Law Association, 3rd September 2019

Source: ukconstitutionallaw.org

Jihadi Jack’s parents brand Sajid Javid a ‘coward’ over revoked citizenship – BBC News

Posted August 19th, 2019 in citizenship, families, government departments, human rights, international law, Islam, news, proscribed organisations, terrorism by tracey

‘The parents of a UK-Canadian man who joined the Islamic State group have said former Home Secretary Sajid Javid is a “coward” for revoking his British citizenship.’

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BBC News, 18th August 2019

Source: www.bbc.co.uk

Attorneys General lead international cooperation to combat cybercrime – Attorney General’s Office

Posted August 5th, 2019 in attorney general, computer crime, international law, internet, press releases by tracey

‘Five Attorneys General from the UK, USA, Canada, Australia and New Zealand have today formalised their international cooperation in the fight against cybercrime.’

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Attorney General’s Office, 31st July 2019

Source: www.gov.uk/ago

Inside the 21st-century British criminal underworld – The Guardian

Posted July 4th, 2019 in drug trafficking, firearms, gangs, international law, internet, money laundering, national crime agency, news, police, prostitution, statistics, trafficking in human beings by sally

‘There are almost 5,000 criminal gangs in the UK. But the old family firms are gone – today’s big players are multinational, diversified and tech-savvy.’

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The Guardian, 4th July 2019

Source: www.theguardian.com

Yossi Nehushtan: The Unreasonable Perception of Rationality and Reasonableness in UK Public Law – UK Constitutional Law Association

Posted July 3rd, 2019 in EC law, export controls, international law, news, weapons by sally

‘In the recent case of R (Campaign Against Arms Trade) v Secretary of State for International Trade [2019] (hereinafter CAAT), the Court of Appeal invalidated the UK government’s decision to grant licences for the sale of military equipment to Saudi Arabia for possible use in the conflict in Yemen. The court found that the government had violated Article 2.2 of the EU Common Council Position 2008/944/CGSP, as adopted in the Secretary of State’s 2014 Guidance. Article 2.2 compels Member States to deny a licence for the sale of military equipment to other states if there is a clear risk that this equipment might be used ‘in the commission of serious violations of international humanitarian law’.’

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UK Constitutional Law Association, 1st July 2019

Source: ukconstitutionallaw.org

Arm Sales to Saudi Arabia: Evaluating the Clear Risk of Violations of IHL – Oxford Human Rights Hub

Posted June 26th, 2019 in appeals, export controls, human rights, international law, news, weapons by sally

‘On Thursday 20 June, the Court of Appeal issued its open judgment in the appeal concerning the lawfulness of the grant by the UK Government of export licences for arms sales to the Kingdom of Saudi Arabia (“KSA”), for possible use in the conflict in Yemen. In their judgment, Sir Terence Etherton MR, Irwin LJ and Singh LJ allowed the appeal by the Campaign Against Arms Trade (“CAAT”), remitting the decision to issue said licences by the Secretary of State for International Trade for reconsideration in accordance with the correct legal approach.’

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Oxford Human Rights Hub, 26th June 2019

Source: ohrh.law.ox.ac.uk

UK arms sales to Saudi Arabia unlawful, court of appeal declares – The Guardian

Posted June 21st, 2019 in export controls, international law, international relations, news, Saudi Arabia, weapons by tracey

‘British arms sales to Saudi Arabia have been ruled unlawful by the court of appeal in a critical judgment that also accused ministers of ignoring whether airstrikes that killed civilians in Yemen broke humanitarian law.’

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The Guardian, 20th June 2019

Source: www.theguardian.com

Sajid Javid’s decision to strip Shamima Begum of her citizenship questioned by one of UK’s most senior judges – Daily Telegraph

Posted June 10th, 2019 in citizenship, government departments, human rights, international law, judges, news, terrorism by sally

‘One of Britain’s most senior judges has called into question Sajid Javid’s decision to strip Isil bride Shamima Begum of her British citizenship.’

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Daily Telegraph, 9th June 2019

Source: www.telegraph.co.uk

The socio-economic duty: A powerful idea hidden in plain sight in the Equality Act – Oxford Human Rights Hub

Posted May 15th, 2019 in benefits, equality, human rights, international law, local government, news, standards, taxation by sally

‘Section 1 of the Equality Act 2010 asks public authorities to actively consider the way in which their policies and their most strategic decisions can increase or decrease inequalities. I am talking about the socio-economic duty. However, successive governments since 2010 have failed to commence it, to bring it to life in technical terms, which means that public authorities are not technically bound by Section 1.’

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Oxford Human Rights Hub, 15th May 2019

Source: ohrh.law.ox.ac.uk

Now, a win for the Chagossians – UK Human Rights Blog

Posted March 6th, 2019 in Chagos Islands, colonies, international courts, international law, news by sally

‘The International Court of Justice has given a near-unanimous opinion that the separation in 1965 of the Chagos archipelago from the then British colony of Mauritius was contrary to the right of self determination, and that accordingly the de-colonisation of Mauritius by the United Kingdom had not been in accordance with international law. The ICJ held that Britain’s continued administration of the archipelago was an internationally wrongful act, which should cease as soon as possible.’

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UK Human Rights Blog, 4th March 2019

Source: ukhumanrightsblog.com

High Court gives green light to judicial review challenge over guidance on use of children as spies – Local Government Lawyer

Posted March 5th, 2019 in charities, children, intelligence services, international law, investigatory powers, judicial review, news, police, spying by tracey

‘The High Court has granted charity Just for Kids Law permission to proceed with its judicial review challenge over the use of children as spies by the police and other investigative agencies.’

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Local Government Lawyer, 4th March 2019

Source: www.localgovernmentlawyer.co.uk