Kenneth Armstrong: The Advent of Brexit – Can It Be Paused? – UK Constitutional Law Association

Posted December 12th, 2018 in brexit, constitutional law, EC law, news, notification, time limits, treaties by sally

‘As each day passes, a new window seems to be thrown open exposing a fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like an advent calendar for lawyers.’

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UK Constitutional Law Association, 12th December 2018

Source: ukconstitutionallaw.org

The myth that Article 50 is a one-way street – New Law Journal

Posted December 11th, 2018 in brexit, EC law, news, statutory interpretation, treaties by sally

‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’

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New Law Journal, 5th December 2018

Source: www.newlawjournal.co.uk

Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50? – UK Constitutional Law Association

Posted December 10th, 2018 in brexit, constitutional law, EC law, news, notification, referendums, Scotland, treaties by sally

‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’

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UK Constitutional Law Association, December 2018

Source: ukconstitutionallaw.org

Brexit: UK can unilaterally revoke article 50, says ECJ – The Guardian

‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Article 50: Law officer says UK can cancel Brexit – BBC News

Posted December 4th, 2018 in brexit, EC law, news, references to European Court, treaties by tracey

‘The UK should be able to unilaterally cancel its withdrawal from the EU, according to a top European law officer. The non-binding opinion was delivered by the European Court of Justice’s advocate general.’

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BBC News, 4th December 2018

Source: www.bbc.co.uk

Brexit: court rejects attempt to derail legal action to revoke article 50 – The Guardian

Posted November 20th, 2018 in brexit, news, references to European Court, Supreme Court, treaties by sally

‘The supreme court has dismissed an attempt by the Brexit secretary to derail a European court hearing into whether article 50 – which triggered the UK’s departure from the EU – could be reversed.’

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The Guardian, 20th November 2018

Source: www.theguardian.com

Is it time for the 1980 Hague Convention to be revised? – Family Law

Posted November 7th, 2018 in child abduction, enforcement, news, treaties by sally

‘The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (“1980 Hague Convention”) is a multilateral treaty developed by the Hague Conference on Private International Law (HCCH). There are currently 99 Contracting Parties to the 1980 Hague Convention and it is often lauded as one of, if not the most, successful international family law initiatives.’

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Family Law, 7th November 2018

Source: www.familylaw.co.uk

Covered Investment in International Investment Law – Chapter in Investment Treaty Arbitration Review – 4 New Square

Posted November 2nd, 2018 in arbitration, international law, news, treaties by sally

‘Can Yeginsu (4 New Square Chambers) and Ceyda Knoebel (Gibson Dunn) examine the definition of “investment”, often a critical threshold question of jurisdiction in investor state arbitration.’

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4 New Square, 5th October 2018

Source: www.4newsquare.com

Human trafficking: is our system for combating it fit for purpose? – UK Human Rights Blog

Posted October 1st, 2018 in news, trafficking in human beings, treaties by sally

‘Human trafficking or modern slavery is one of the most appalling forms of criminal activity today. It’s also one of the most widespread and fastest-growing.’

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UK Human Rights Blog, 28th September 2018

Source: ukhumanrightsblog.com

Robert Brett Taylor and Adelyn L. M. Wilson: Seeking and Implementing a Referral on Revocability of Article 50 Following Wightman – UK Constitutional Law Association

Posted October 1st, 2018 in brexit, EC law, judicial review, news, referendums, Scotland, treaties by sally

‘The UK is due to leave the EU on 29 March 2019. The British Government’s draft withdrawal agreement – the so-called Chequers Deal or Plan – has been subject to critique on both sides of the Brexit debate within the UK and was largely dismissed as unworkable by EU leaders on 20 September 2018. The following day, Theresa May declared that the burden was then on the EU to devise a plan for Brexit.’

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UK Constitutional Law Association, 26th September 2018

Source: ukconstitutionallaw.org

Child spies: judicial review sought to challenge May’s government – The Guardian

Posted September 27th, 2018 in children, human rights, news, spying, treaties by tracey

‘Human rights lawyers have been crowdfunding for a judicial review to challenge the government’s use of child spies, arguing that the tactic was incompatible with the UN convention on the rights of the child. Just for Kids Law, a charity that represents, advises and supports children in legal difficulty, has issued a pre-action letter to the Home Office raising concerns over the practice, which has been condemned by politicians and human rights groups.’

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The Guardian, 27th September 2018

Source: www.theguardian.com

Colin Murray: Brexit and the “Constitutional Integrity” of the United Kingdom – UK Constitutional Law Association

Posted September 25th, 2018 in constitutional law, news, Northern Ireland, treaties by sally

‘The Foreign Office records regarding the Paris Peace Conference of 1919 must be amongst the most regularly requested papers held at the National Archives. One file, FO 608/65, is part of the herculean effort to redraw the map of Europe after the First World War. It recounts the efforts of officials and ministers to work out how to provide Poland with meaningful access to the Baltic. The focus of this attention was the port city of Danzig. The two options before the Council of Ten were to include the city as part of Poland, but place limits on how Poland exercised its national sovereignty over this part of its territory, or to create a “free city”, administered by a League of Nations High Commissioner, which was tied into a customs union with Poland. In late March 1919 Lloyd George expressed the UK’s support for the former option in the Council. Behind the scenes, however, the Foreign Office was preparing the alternate plans for a free city, which Lloyd George backed to decisive effect in April 1919. Concerns that this reversal might destabilise the fledgling Polish state were summarily dismissed.’

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UK Constitutional Law Association, 25th September 2018

Source: ukconstitutionallaw.org

Government releases plans for family law in event of a “no-deal” Brexit – Family Law

Posted September 17th, 2018 in brexit, divorce, family courts, jurisdiction, news, treaties by sally

‘Yesterday [13 September] the Government published the first of its guidance dealing with justice matters in the event of the UK leaving the EU with “no deal” on 29 March 2019. The Ministry of Justice published a technical notice on handling civil legal cases, which includes consideration of co-operation between the UK and the EU in family matters following Brexit.’

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Family Law, 14th September 2018

Source: www.familylaw.co.uk

Brexit and international family law: a pragmatic approach to divorce and maintenance – Family Law

Posted September 5th, 2018 in divorce, financial provision, news, treaties by sally

‘On 12 July the Government published its post-Chequers White Paper, The future relationship between the United Kingdom and the European Union, which sets out broad proposals for the future partnership between the UK and the 27 other EU Member States over a wide range of policy areas. This provides an opportune moment to revisit the pressing issue of what the Government should aim to achieve in the area of international family law as we leave the EU.’

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Family Law, 4th September 2018

Source: www.familylaw.co.uk

We must protect the European Convention on Human Rights like it protects us – The Guardian

Posted September 4th, 2018 in human rights, news, treaties by sally

‘The 20th century showed how vulnerable humans are to tyrannical leaders. Today [3 September], at 65, the ECHR is as vital as ever.’

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The Guardian, 3rd September 2018

Source: www.theguardian.com

Case Comment: R (Bashir & Ors) v Secretary of State for the Home Department [2018] UKSC 45 Part Two – UKSC Blog

‘The Supreme Court held that the terms of the Convention do not entitle the respondents to be resettled in the UK metropolitan territory. Overall, a state’s duties to a refugee reaching a particular territory – whose international relations the state controls – are in principle and in normal circumstances limited to providing and securing the refugee’s Convention rights in that context.’

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UKSC Blog, 24th August 2018

Source: ukscblog.com

Case Comment: R (Bashir & Ors) v Secretary of State for the Home Department [2018] UKSC 45 Part One – UKSC Blog

‘In a complex interim judgment dealing with threshold issues, the Supreme Court has asad-khanheld that both the Refugee Convention 1951 and the 1967 Protocol extend to the UK’s Sovereign Base Areas (SBAs) of Akrotiri and Dhekelia. Britain occupied Cyprus between 1878 and 1960. Secretive deal making with the Ottoman Empire led the British Empire to forge an alliance with the Turks to protect them from Russia. The British initially occupied and administered Cyprus and ultimately annexed it upon the outbreak of the First World War when the British and the Turks found themselves fighting on opposite sides. Turkey recognised the annexation in the Treaty of Lausanne 1923 and that status continued until the settlement between the UK, Greece and Turkey in 1960 when Cyprus became a republic. Like Britain’s other Mediterranean possessions the island was of military and strategic importance rather than economic value. Upon independence in 1960, the UK retained sovereignty over the SBAs to accommodate military bases which are now the only notable British strategic assets in the eastern Mediterranean. These proceedings threw up a number of issues including the respondents’ entitlement to resettlement in the UK under the Convention, the validity of the UK-Cyprus Memorandum of Understanding of 2003 on illegal migrants and asylum seekers, and whether the UK is in principle entitled to discharge its obligations under the Convention by arranging for support to be provided by Cyprus?’

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UKSC Blog, 24th August 2018

Source: ukscblog.com

No-deal Brexit thrusts UK into ‘legal vacuum’, warns Keir Starmer – The Guardian

Posted August 28th, 2018 in agreements, brexit, EC law, legislation, news, treaties by sally

‘Theresa May and the government would face a race against time to pass a slew of new laws, or risk creating an “unsustainable legal vacuum”, if Britain plunged out of the EU without a deal, Labour’s Keir Starmer has warned.’

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The Guardian, 26th August 2018

Source: www.theguardian.com

‘No-deal’ Brexit advice to be published by UK government – BBC News

Posted August 23rd, 2018 in brexit, EC law, news, treaties by sally

‘The UK government will begin advising people, businesses, and other groups about how to plan for the possibility of leaving the EU without a deal.’

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BBC News, 23rd August 2018

Source: www.bbc.co.uk

British Accession to the Hague Agreement – NIPC Law

Posted August 21st, 2018 in agreements, consultations, intellectual property, news, regulations, treaties by sally

‘On 13 March 2018 the British government deposited with the Director General of the World Intellectual Property Organization (“WIPO”) an instrument of ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“the Hague Agreement”). The deposit of that instrument enabled the UK to join the Hague system for the registration of industrial designs from 13 June 2018. The Hague system allows businesses to register up to 100 designs in 69 countries in a single application.’

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NIPC Law, 18th August 2018

Source: nipclaw.blogspot.com