Plan to opt out of rights accords in future wars dangerous, inquiry hears – The Guardian

‘Government plans to opt out of international human rights agreements in future conflicts would be dangerous and prevent British soldiers from obtaining justice, according to evidence submitted to a parliamentary inquiry by the Law Society and Liberty.’

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The Guardian, 24th April 2017

Source: www.guardian.co.uk

Rosie Slowe: Article 50 Notice and Implied Conditionality – UK Human Rights Blog

‘More substantive than the 137 word EU (Notification of Withdrawal) Act 2017 (‘Notification Act’), which was passed by Parliament on 13 March, the Prime Minister’s 6 page letter of notice, issued under Article 50 TEU, is lacking in one crucial respect. This post asserts that, as a matter of UK constitutional law and in accordance with the EU Treaties as well as customary international law, conditionality should be inferred into this notice. Such conditionality manifests in the requirement of domestic Parliamentary approval at the end of the Article 50 negotiation process.’

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UK Human Rights Blog, 7th April 2017

Source: www.ukhumanrightsblog.com

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

English court dismisses ‘international law’ issues in Ukrainian Eurobond case – OUT-LAW.com

‘Questions of international law raised by Ukraine in a dispute with Russia involving overdue Eurobond repayments cannot be dealt with by the English courts, the High Court has ruled.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

Why international law should trump nationalism – New Law Journal

Posted March 10th, 2017 in international law, ministers' powers and duties, news, treaties by sally

‘Recent changes to the Ministerial Code, which could undermine the UK’s commitment to the rule of law, may be subject to judicial review, as Daniel Carey explains. Interview by Jenny Rayner.’

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New Law Journal, 24th February 2017

Source: www.newlawjournal.co.uk

Speech by the Lord Chief Justice: Grand Court of the Cayman Islands guest lecture 2017 – Courts and Tribunals Judiciary

Posted March 8th, 2017 in arbitration, courts, dispute resolution, international law, speeches by tracey

‘Speech by the Lord Chief Justice: Grand Court of the Cayman Islands guest lecture 2017.’

Full speech

Courts and Tribunals Judiciary, 7th march 2017

Source: www.judiciary.gov.uk

Surrogacy Law /HFEA Update (February 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

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Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk

Rise of third party funding: a growing international consensus – Hardwicke Chambers

Posted February 22nd, 2017 in arbitration, costs, foreign jurisdictions, international law, news, third parties by sally

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

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Hardwicke Chambers, 25th January 2017

Source: www.hardwicke.co.uk

Secession from the European Union and Private International Law: The Cloud with a Silver Lining – Blackstone Chambers

Posted February 21st, 2017 in EC law, international law, legislation, news, regulations, speeches, treaties by sally

‘In the last six months there have been lectures, seminars, evidence-givingsand-takings, reports issued, all over town, in which the future of commercial litigation in England has been discussed. It may not be completely true that these have as their object the utter immiseration of everyone within earshot, but that does appear to be the principal effect. Those who, like me, do not seem to be invited to such gatherings are at liberty to see things rather differently. We have a once-in-a generation opportunity to compare the rules of private international law which we currently have with what we might instead have, and to take stock. When that is done, the path ahead will be seen to be rather clearer and brighter than some others would tell you it is. One certainly hears people suggesting that secession from the European Union is going to have a damaging effect, but for our private international law the truth may well be otherwise. And while the need to deal with these tasks may be an un-looked-for interruption to normal work, for some of us the chance to ask questions challenges us to think about what we would like our rules of private international law to say. My conclusion will be that less will change than most seem to suppose (or, in some cases, seem to hope for). There will be minor changes, certainly, but need be nothing major; and if anything major does change, it will not be a change for the worse. In short, though I am very fearful of sounding like the Daily Mail in human form, private international law has no cause for alarm. I should perhaps say that a fuller and footnoted version of this paper will be available from the Combar website if anyone is interested.’

Full story (PDF)

Blackstone Chambers, 24th January 2017

Source: www.blackstonechambers.com

Knowing where your data is processed in the cloud not central to exercising control over it, says expert – OUT-LAW.com

‘It should not be obligatory for banks in the UK to pre-agree where their data will be processed and stored when contracting with cloud service providers.’

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OUT-LAW.com, 13th February 2017

Source: www.out-law.com

Judicial review aiming to stop UK arms sales to Saudi Arabia to begin – The Guardian

Posted February 7th, 2017 in international law, news, sale of goods, Saudi Arabia, select committees, weapons by sally

‘A judicial review that aims to halt UK arms sales to Saudi Arabia because they could be used to illegally kill civilians in Yemen is set to begin on Tuesday.’

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The Guardian, 7th February 2017

Source: www.guardian.co.uk

Patrick O’Brien: All for Want of a Metaphor: Miller and the Nature of EU Law – UK Constitutional Law Association

Posted January 30th, 2017 in constitutional law, EC law, international law, Supreme Court by sally

‘The judgments in Miller highlight the fact that the common law has never managed to arrive at a satisfactory intellectual framework for European law. I will focus first on Lord Reed’s dissent. On Lord Reed’s account, the situation is simpler than anyone who had observed UK and EU law for the past 45 years could have imagined. The UK takes a dualist approach to international law, and EU law is international law. Once this characterisation is accepted the case is over.’

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UK Constitutional Law Association, 30th January 2017

Source: www.ukconstitutionallaw.org

Appeal against changes to UK’s international law obligations granted – The Guardian

‘Changes to the official ministerial code that removed a requirement that ministers must comply with international laws and treaties are to be challenged in the court of appeal.’

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The Guardian, 26th January 2017

Source: www.guardian.co.uk

Attorney General’s speech at the International Institute for Strategic Studies – Attorney General’s Office

Posted January 13th, 2017 in armed forces, attorney general, international law, self-defence, speeches by tracey

‘Attorney General discusses the modern law of self-defence at the International Institute for Strategic Studies.’

Full speech

Attorney General’s Office, 11th January 2017

Source: www.gov.uk/ago

Attorney general calls for new legal basis for pre-emptive military strikes – The Guardian

‘Pre-emptive military strikes against terrorist targets overseas are required for national self-defence and the legal basis on which they are carried out should be made more explicit to deal with increasing threat levels, the UK’s attorney general is due to say on Wednesday.’

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The Guardian, 11th January 2017

Source: www.guardian.co.uk

Court of Appeal upholds English court’s jurisdiction in Portuguese derivatives case – OUT-LAW.com

Posted December 19th, 2016 in appeals, banking, international law, jurisdiction, news, treaties by sally

‘The Court of Appeal has dismissed a high profile challenge by four Portuguese state-owned transport companies to the jurisdiction of the English courts in a dispute over a commonly-used standard form derivatives agreement.’

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OUT-LAW.com, 14th December 2016

Source: www.out-law.com

Human rights and business: is international law relevant? – OUP Blog

Posted December 19th, 2016 in company law, human rights, international law, news, United Nations by sally

‘Corporations are now widely seen as having responsibilities in regard to human rights abuses. This was thrown starkly onto the front pages recently when a number of high profile UK companies, including M&S and Asos, were caught up in allegations of child refugees from Syria working in very poor conditions for clothing suppliers based in Turkey. They are just one of many instances around the world where corporations have been shown to be involved in human rights abuses.’

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OUP Blog, 19th December 2016

Source: www.blog.oup.com

War remains inside the court room: jurisdiction under ECHR – UK Human Rights Blog

‘This is an extremely important judgment from the Court of Appeal on the reach of the ECHR into war zones, in this case Iraq. The CA, with the only judgment given by Lloyd Jones LJ, disagreed in part with Leggatt J.’

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UK Human Rights Blog, 11th September 2016

Source: www.ukhumanrightsblog.com

How the Iraq Inquiry failed to follow the money – OUP Blog

Posted August 8th, 2016 in corruption, inquiries, international law, Iraq, news, statistics, war, war crimes by sally

‘In 2007, I published an article that sought to show in detail how the Iraqi economy had been opened up to allow the transformation of the economy and the routine corruption that enabled a range of private profit-making companies to exploit the post-invasion economy. The article argued that the illegal war of aggression waged by a ‘coalition’ headed by George Bush and Tony Blair was tied to a series of subsequent crimes of pillage and occupation. These included the transformation of the economy and the political system that was explicitly illegal under the terms of the Geneva and Hague Convention; and the mobilisation of political and economic instruments to ‘liberate’ the oil. The recently published Chilcot Report recognizes this corruption – and indeed UK joint legal responsibility for the corruption – and yet the evidence for it has been buried. – See more at: http://blog.oup.com/2016/07/iraq-inquiry-chilcot-money/#sthash.UiY9VxUh.dpuf

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OUP Blog, 31st July 2016

Source: www.blog.oup.com

Brexit: A new relationship – Counsel

Posted July 27th, 2016 in brexit, EC law, international law, news, notification, referendums, time limits by sally

‘Evanna Fruithof, Alexandria Carr and Gordon Nardell QC set out possible models for the UK’s relationship with the EU post-Brexit.’

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Counsel, August 2016

Source: www.counselmagazine.co.uk