Ivory ban upheld by Court of Appeal – UK Human Rights Blog

‘The overarching complaint was that the evidence base was insufficient. The appellant’s criticisms of Jay J’s analysis can be summarised as follows:

(i) wrongful use of the precautionary principle and the acceptance of inadequate evidence to support the bans;

(ii) failure to take account of the failings in the Impact Assessment which preceded the Bill and the according of too much deference to Parliament; and

(iii) violation of the principle of respect for property and the wrongful failure to require a right to compensation.’

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UK Human Rights Blog, 19th May 2020

Source: ukhumanrightsblog.com

How to divine statutory purpose: the Israel/arms trade disinvestment case – UK Human Rights Blog

‘This case is about Government “Guidance” aimed at local authorities, banning some of those “ethical” objections to investment policies but allowing other objections. “Guidance” in quotes because the net effect of the Act and secondary legislation was to make the Guidance mandatory: see [10] of Lord Wilson’s judgment. In particular, the policy ban was to apply to (a) boycotts to foreign nations and (b) UK defence industries. The sharp focus of the former was Israel. No surprises that the Quakers and the Campaign against the Arms Trade should appear in support of the challenge to the latter.’

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UK Human Rights Blog, 29th April 2020

Source: ukhumanrightsblog.com

Hawala: why it is used and what family practitioners should know about it – Family Law Week

‘Byron James, Partner and Head of Expatriate Law in Dubai, explains the challenges presented to family lawyers by the effective method of anonymous international money transfer system used around the world.; why and what family practitioners should know about it.’

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Family Law Week, 20th November 2019

Source: www.familylawweek.co.uk

Brexit legal advice warns of UK being trapped by Irish backstop – The Guardian

‘Legal advice on the Brexit deal, published reluctantly after MPs found the government in contempt of parliament, warns the terms of the Irish backstop could trap the UK in “protracted and repeated rounds of negotiations” in the years ahead.’

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The Guardian, 5th December 2018

Source: www.theguardian.com

Deal or No-deal? Brexit and financial services – Technology Law Update

Posted August 24th, 2018 in brexit, EC law, financial regulation, international trade, news by sally

‘On Monday, the Department for Exiting the EU published a presentation explaining the UK Government’s vision for the future UK-EU partnership on financial services, seeking to establish the principles of autonomy, bilaterality and co-operation.’

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Technology Law Update, 23rd August 2018

Source: www.technology-law-blog.co.uk

Hard Brexit “could cost legal sector £3bn” – Legal Futures

Posted August 22nd, 2018 in international trade, legal profession, legal services, news by sally

‘A hard Brexit could cost the legal sector up to £3bn by 2025, the Law Society has estimated.’

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Legal Futures, 22nd August 2018

Source: www.legalfutures.co.uk

Activists bring case at appeal court over UK arms sales to Saudis – The Guardian

‘Human rights campaigners have begun an attempt to overturn a high court judgment that allows the British government to continue to export arms to Saudi Arabia for use in Yemen.
The Campaign Against Arms Trade brought the case against Liam Fox, the international trade secretary, seeking permission to appeal against a decision last July that granting licences for the export of arms from the UK to Saudi Arabia was not unlawful. CAAT has warned that British weapons could be used to kill or injure Yemeni civilians.’

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The Guardian, 12th April 2018

Source: www.theguardian.com

The Trade Bill – renegotiation and renewal of EU trade agreements after Brexit – in this new constitutional territory more Parliamentary scrutiny is urgently needed – Brexit Law

‘The lack of adequate Parliamentary scrutiny when the UK negotiates trade agreements (something it has not done in its own right for many years) has come to the attention of the House of Commons International Trade Committee. This is timely given the prospect of the UK negotiating the single most important trade agreement it is likely to negotiate for a long time – its future trade agreement with the EU. The context for the Committee’s concern is its inquiry into the Trade Bill. One of the issues which the Bill addresses is the domestic implementation in the UK of those EU trade agreements which are adapted for continued application by the UK after Brexit. The Committee has asked whether Parliamentary scrutiny of ministerial rules implementing these agreements is adequate, and, more broadly, whether scrutiny of the UK signing up to these and other trade agreements, is adequate.’

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Brexit Law, 6th December 2017

Source: brexit.law

Daniella Lock: Questions Regarding Judicial Deference in R (Campaign Against the Arms Trade) v Secretary of State for International Trade – UK Constitutional Law Association

Posted July 21st, 2017 in EC law, export controls, international trade, news, Saudi Arabia, weapons by tracey

‘Last week, the High Court rejected a claim for judicial review, brought by the NGO “Campaign Against the Arms Trade” against the Secretary of State for International Trade, regarding the exporting of arms to Saudi Arabia. The judges presiding over the case were Lord Justice Burnett and Mr Justice Haddon-Cave. It is argued here that there are several important questions to be asked about the approach to judicial deference taken in this case. They relate to the ‘behind-the-scenes’ role that deference may have played in the judges’ approach to complex factual material in this case, and the extent to which further clarity, as to the treatment of such material in future cases, may be desirable.’

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UK Constitutional Law Association, 20th July 2017

Source: ukconstitutionallaw.org

Brexit: Is the UK set for WTO limbo? – New Law Journal

Posted May 15th, 2017 in brexit, EC law, international law, international trade, news by sally

‘The idea of World Trade Organization (WTO) vetoes being used to settle historical scores over Gibraltar or the Falklands has been circulated as one post-Brexit complication, with the UK set to relinquish its existing WTO status as part of the EU bloc. Gregory Shaffer, a leading authority on international trade law, explains the UK’s tariff and other WTO commitments and considers the very real prospect of the UK spending some time in WTO limbo.’

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New Law Journal, 9th May 2017

Source: www.newlawjournal.co.uk

BREXIT: Hard Brexit will bring £1.2 billion hit to British importers, says study – OUT-LAW.com

Posted November 16th, 2016 in agreements, brexit, competition, EC law, international trade, news, reports, treaties by sally

‘Losing access to the EU’s trade agreements would cost UK importers an extra £1.2 billion a year, according to research conducted on behalf of the Open Britain campaign.’

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OUT-LAW.com, 15th November 2016

Source: www.out-law.com

Britain will still be bound by international courts under any serious trade deal, MPs warned – The Independent

‘Britain would still be bound by the judgments of international courts under any serious international free trade agreement with other countries, a leading legal academic has warned MPs.’

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The Independent, 5th July 2016

Source: www.independent.co.uk

The value of the rule of law to international trade and finance – Attorney General’s Office

“Speech at City of London Guildhall on the central importance to the British economy of the rule of law.”

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Attorney General’s Office, 14th October 2013

Source: www.gov.uk/ago

Expecting business to respect human rights without incentives or Sanctions – UK Human Rights Blog

“Cross-government coordination on an issue that affects trade, international development, foreign affairs, business activity and human rights is remarkable, especially at such a difficult economic time. So the UK’s Action Plan on Business and Human Rights, which is the government’s long-awaited strategy for implementing the 2011 UN Guiding Principles on Business and Human Rights, is to be applauded for this achievement. Yet, while the Plan establishes clear expectations that UK companies should respect human rights, there are no effective legal requirements placed on them to do so.”

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UK Human Rights Blog, 4th September 2013

Source: www.ukhumanrightsblog.com

Standard Chartered Bank v Ceylon Petroleum Corporation – WLR Daily

Posted July 31st, 2012 in appeals, banking, contracts, international trade, law reports by sally

Standard Chartered Bank v Ceylon Petroleum Corporation [2012] WLR (D) 232

“In the absence of any indication to the contrary, a commercial entity set up by statute to engage in international and domestic trade had the capacity to enter into the whole range of transactions which a commercial organisation acting in that field of business would ordinarily undertake, including hedging or speculative transactions.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk